Minnesota Legislature
HF 1010A
Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 01/15/2013 08:26pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1010
1.3relating to state government; appropriating money for environment, natural
1.4resources, commerce, and energy; creating accounts; modifying disposition
1.5of certain receipts; modifying responsibilities and authorities; creating an
1.6advisory committee; modifying Petroleum Tank Release Cleanup Act; modifying
1.7cooperative electric association petition provisions; repealing definitions and
1.8requirements; requiring rulemaking on wild rice standards;amending Minnesota
1.9Statutes 2010, sections 85.052, subdivision 4; 89.21; 97A.055, by adding
1.10a subdivision; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision 6;
1.11103G.301, subdivision 2; 103G.615, subdivision 2; 115A.1314; 115A.1320,
1.12subdivision 1; 115C.09, subdivision 3c; 115C.13; 116P.04, by adding a
1.13subdivision; 116P.05, subdivision 2; 216B.026, subdivision 1; 290.431; 290.432;
1.14357.021, subdivision 7; proposing coding for new law in Minnesota Statutes,
1.15chapters 16E; 84; 89; 97A; 103G; repealing Minnesota Statutes 2010, sections
1.1684.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84.027, subdivision 11; 116P.09,
1.17subdivision 4; 116P.14.
1.18May 16, 2011
1.19The Honorable Kurt Zellers
1.20Speaker of the House of Representatives
1.21The Honorable Michelle L. Fischbach
1.22President of the Senate
1.23We, the undersigned conferees for H. F. No. 1010 report that we have agreed upon
1.24the items in dispute and recommend as follows:
1.25That the Senate recede from its amendment and that H. F. No. 1010 be further
1.26amended as follows:
1.27Delete everything after the enacting clause and insert:
1.31 The amounts shown in this section summarize direct appropriations, by fund, made
1.32in this article.
2.12 The sums shown in the columns marked "Appropriations" are appropriated to the
2.13agencies and for the purposes specified in this article. The appropriations are from the
2.14general fund, or another named fund, and are available for the fiscal years indicated
2.15for each purpose. The figures "2012" and "2013" used in this article mean that the
2.16appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.17June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.18year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.19year ending June 30, 2011, are effective the day following final enactment.
2.33The amounts that may be spent for each
2.34purpose are specified in the following
2.35subdivisions.
3.7$1,171,000 the first year and $1,171,000
3.8the second year are for water program
3.9operations.
3.10$1,665,000 the first year and $1,665,000
3.11the second year are for grants to delegated
3.12counties to administer the county feedlot
3.13program under Minnesota Statutes, section
3.14116.0711, subdivisions 2 and 3. Money
3.15remaining after the first year is available for
3.16the second year.
3.17$740,000 the first year and $740,000 the
3.18second year are from the environmental
3.19fund to address the need for continued
3.20increased activity in the areas of new
3.21technology review, technical assistance
3.22for local governments, and enforcement
3.23under Minnesota Statutes, sections 115.55
3.24to 115.58, and to complete the requirements
3.25of Laws 2003, chapter 128, article 1, section
3.26165.
3.27$75,000 the first year from the environmental
3.28fund is for transfer to the commissioner of
3.29administration for the water management
3.30evaluation required in article 4. This is a
3.31onetime appropriation.
3.32Notwithstanding Minnesota Statutes, section
3.3316A.28, the appropriations encumbered on or
3.34before June 30, 2013, as grants or contracts
3.35for SSTS's, surface water and groundwater
4.1assessments, total maximum daily loads,
4.2storm water, and local basinwide water
4.3quality protection in this subdivision are
4.4available until June 30, 2016.
4.9$200,000 the first year and $200,000 the
4.10second year are from the environmental fund
4.11for a monitoring program under Minnesota
4.12Statutes, section 116.454.
4.13Up to $150,000 the first year and $150,000
4.14the second year may be transferred from the
4.15environmental fund to the small business
4.16environmental improvement loan account
4.17established in Minnesota Statutes, section
4.18116.993.
4.19$125,000 the first year and $125,000 the
4.20second year are from the environmental fund
4.21for monitoring ambient air for hazardous
4.22pollutants in the metropolitan area.
4.28All money for environmental response,
4.29compensation, and compliance in the
4.30remediation fund not otherwise appropriated
4.31is appropriated to the commissioners of the
4.32Pollution Control Agency and agriculture
4.33for purposes of Minnesota Statutes, section
4.34115B.20, subdivision 2, clauses (1), (2),
5.1(3), (6), and (7). At the beginning of each
5.2fiscal year, the two commissioners shall
5.3jointly submit an annual spending plan
5.4to the commissioner of management and
5.5budget that maximizes the utilization of
5.6resources and appropriately allocates the
5.7money between the two departments. This
5.8appropriation is available until June 30, 2013.
5.9$3,616,000 the first year and $3,616,000 the
5.10second year are from the petroleum tank fund
5.11to be transferred to the remediation fund for
5.12purposes of the leaking underground storage
5.13tank program to protect the land.
5.14$252,000 the first year and $252,000 the
5.15second year are from the remediation fund
5.16for transfer to the commissioner of health for
5.17private water supply monitoring and health
5.18assessment costs in areas contaminated
5.19by unpermitted mixed municipal solid
5.20waste disposal facilities and drinking water
5.21advisories and public information activities
5.22for areas contaminated by hazardous releases.
5.23$128,000 the first year is from the
5.24environmental fund for transfer to the
5.25Department of Health to complete
5.26the environmental health tracking
5.27and biomonitoring analysis related to
5.28perfluorochemicals and disseminate the
5.29results.
6.1$14,250,000 the first year and $14,250,000
6.2the second year are from the environmental
6.3fund for SCORE block grants to counties.
6.4$119,000 the first year and $119,000 the
6.5second year are from the environmental
6.6fund for environmental assistance grants
6.7or loans under Minnesota Statutes, section
6.8115A.0716. Any unencumbered grant and
6.9loan balances in the first year do not cancel
6.10but are available for grants and loans in the
6.11second year.
6.12$89,000 the first year and $89,000 the
6.13second year are from the environmental fund
6.14for duties related to harmful chemicals in
6.15products under Minnesota Statutes, section
6.16116.9401 to 116.9407. Of this amount,
6.17$57,000 each year is transferred to the
6.18commissioner of health.
6.19$315,000 the first year and $315,000 the
6.20second year are from the environmental fund
6.21for the electronics waste program under
6.22Minnesota Statutes, sections 115A.1310 to
6.23115A.1330.
6.24$400,000 the first year is from the
6.25environmental fund for the costs of
6.26implementing general operating permits for
6.27feedlots over 1,000 animal units. This is a
6.28onetime appropriation.
6.29All money deposited in the environmental
6.30fund for the metropolitan solid waste
6.31landfill fee in accordance with Minnesota
6.32Statutes, section 473.843, and not otherwise
6.33appropriated, is appropriated for the purposes
6.34of Minnesota Statutes, section 473.844.
7.1Notwithstanding Minnesota Statutes, section
7.216A.28, the appropriations encumbered on
7.3or before June 30, 2013, as contracts or
7.4grants for surface water and groundwater
7.5assessments; environmental assistance
7.6awarded under Minnesota Statutes, section
7.7115A.0716; technical and research assistance
7.8under Minnesota Statutes, section 115A.152;
7.9technical assistance under Minnesota
7.10Statutes, section 115A.52; and pollution
7.11prevention assistance under Minnesota
7.12Statutes, section 115D.04, are available until
7.13June 30, 2015.
7.15The commissioner shall transfer $42,000,000
7.16from the environmental fund to the
7.17remediation fund for the purposes of the
7.18remediation fund under Minnesota Statutes,
7.19section 116.155, subdivision 2.
7.29The amounts that may be spent for each
7.30purpose are specified in the following
7.31subdivisions.
8.5$2,696,000 the first year and $2,696,000
8.6the second year are from the minerals
8.7management account in the natural resources
8.8fund for use as provided in Minnesota
8.9Statutes, section 93.2236, paragraph (c),
8.10for mineral resource management, projects
8.11to enhance future mineral income, and
8.12projects to promote new mineral resource
8.13opportunities.
8.14$68,000 the first year and $68,000 the
8.15second year are for minerals cooperative
8.16environmental research, of which $34,000
8.17the first year and $40,000 the second year are
8.18available only as matched by $1 of nonstate
8.19money for each $1 of state money. The
8.20match may be cash or in-kind.
8.21$251,000 the first year and $251,000 the
8.22second year are for iron ore cooperative
8.23research. Of this amount, $200,000 each year
8.24is from the minerals management account
8.25in the natural resources fund. $175,000 the
8.26first year and $175,000 the second year are
8.27available only as matched by $1 of nonstate
8.28money for each $1 of state money. The match
8.29may be cash or in-kind. Any unencumbered
8.30balance from the first year does not cancel
8.31and is available in the second year.
8.32$630,000 the first year and $630,000 the
8.33second year are from the dedicated receipts
8.34account in the natural resources fund to cover
9.1the costs associated with issuing licenses for
9.2land and water crossings and road easements.
9.3$200,000 the first year and $200,000 the
9.4second year are from the state forest suspense
9.5account in the permanent school fund to
9.6accelerate land exchanges, land sales, and
9.7commercial leasing of school trust lands and
9.8to identify, evaluate, and lease construction
9.9aggregate located on school trust lands. This
9.10appropriation is to be used for securing
9.11maximum long-term economic return
9.12from the school trust lands consistent with
9.13fiduciary responsibilities and sound natural
9.14resources conservation and management
9.15principles.
9.16The appropriations in Laws 2007, chapter
9.1757, article 1, section 4, subdivision 2, as
9.18amended by Laws 2009, chapter 37, article
9.191, section 60, for support of the land records
9.20management system are available until June
9.2130, 2013.
9.28$2,742,000 the first year and $2,742,000 the
9.29second year are from the invasive species
9.30account in the natural resources fund and
9.31$1,674,000 the first year and $1,674,000 the
9.32second year are from the general fund for
9.33management, public awareness, assessment
9.34and monitoring research, law enforcement,
9.35and water access inspection to prevent the
10.1spread of invasive species; management
10.2of invasive plants in public waters; and
10.3management of terrestrial invasive species
10.4on state-administered lands.
10.5$5,000,000 the first year, and $5,000,000 the
10.6second year are from the water management
10.7account in the natural resources fund for only
10.8the purposes specified in Minnesota Statutes,
10.9section 103G.27, subdivision 2.
10.10$264,000 the first year and $264,000 the
10.11second year are for grants for up to 50
10.12percent of the cost of implementation of
10.13the Red River mediation agreement. The
10.14commissioner shall submit a report to the
10.15chairs of the legislative committees having
10.16primary jurisdiction over environment and
10.17natural resources policy and finance on the
10.18accomplishments achieved with the grants
10.19by January 15, 2014.
10.20$1,636,000 the first year and $1,636,000
10.21the second year are from the heritage
10.22enhancement account in the game and
10.23fish fund for only the purposes specified
10.24in Minnesota Statutes, section 297A.94,
10.25paragraph (e), clause (1).
10.26$1,223,000 the first year and $1,223,000 the
10.27second year are from the nongame wildlife
10.28management account in the natural resources
10.29fund for the purpose of nongame wildlife
10.30management. Notwithstanding Minnesota
10.31Statutes, section 290.431, $100,000 the first
10.32year and $100,000 the second year may
10.33be used for nongame wildlife information,
10.34education, and promotion.
11.1$1,000,000 the first year and $1,000,000 the
11.2second year from the heritage enhancement
11.3account in the game and fish fund is for law
11.4enforcement and water access inspection
11.5to prevent the spread of aquatic invasive
11.6species. This is a onetime appropriation.
11.13$7,145,000 the first year and $7,145,000
11.14the second year are for prevention,
11.15presuppression, and suppression costs of
11.16emergency firefighting and other costs
11.17incurred under Minnesota Statutes, section
11.1888.12. The amount necessary to pay for
11.19presuppression and suppression costs during
11.20the biennium is appropriated from the general
11.21fund.
11.22By January 15 of each year, the commissioner
11.23of natural resources shall submit a report to
11.24the chairs and ranking minority members
11.25of the house and senate committees
11.26and divisions having jurisdiction over
11.27environment and natural resources finance,
11.28identifying all firefighting costs incurred
11.29and reimbursements received in the prior
11.30fiscal year. These appropriations may
11.31not be transferred. Any reimbursement
11.32of firefighting expenditures made to the
11.33commissioner from any source other than
11.34federal mobilizations shall be deposited into
11.35the general fund.
12.1$13,093,000 the first year and $13,093,000
12.2the second year are from the forest
12.3management investment account in the
12.4natural resources fund for only the purposes
12.5specified in Minnesota Statutes, section
12.689.039, subdivision 2.
12.7$580,000 the first year and $580,000 the
12.8second year are for the Forest Resources
12.9Council for implementation of the
12.10Sustainable Forest Resources Act.
12.11$250,000 in the first year and $250,000 in the
12.12second year are for the FORIST system.
12.13$650,000 the first year and $650,000
12.14the second year are from the heritage
12.15enhancement account in the game and fish
12.16fund to maintain and expand the ecological
12.17classification system program. This is a
12.18onetime appropriation.
12.19After the commissioner approves a
12.20sustainable resources management plan,
12.21any division of the Department of
12.22Natural Resources seeking interaction
12.23with the Division of Forestry on projects
12.24to implement the plan must reimburse
12.25the Division of Forestry for time spent
12.26responding to questions, concerns, or
12.27challenges to the projects.
12.34$1,075,000 the first year and $1,075,000 the
12.35second year are from the water recreation
13.1account in the natural resources fund for
13.2enhancing public water access facilities.
13.3The appropriation in Laws 2003, chapter
13.4128, article 1, section 5, subdivision 6, from
13.5the water recreation account in the natural
13.6resources fund for a cooperative project with
13.7the United States Army Corps of Engineers
13.8to develop the Mississippi Whitewater Park
13.9is available until June 30, 2013. The project
13.10must be designed to prevent the spread of
13.11aquatic invasive species.
13.12$5,731,000 the first year and $5,731,000 the
13.13second year are from the natural resources
13.14fund for state trail, park, and recreation area
13.15operations. This appropriation is from the
13.16revenue deposited in the natural resources
13.17fund under Minnesota Statutes, section
13.18297A.94, paragraph (e), clause (2).
13.19$8,424,000 the first year and $8,424,000
13.20the second year are from the snowmobile
13.21trails and enforcement account in the
13.22natural resources fund for the snowmobile
13.23grants-in-aid program. Any unencumbered
13.24balance does not cancel at the end of the first
13.25year and is available for the second year.
13.26$1,360,000 the first year and $1,360,000
13.27the second year are from the natural
13.28resources fund for the off-highway vehicle
13.29grants-in-aid program. Of this amount,
13.30$1,110,000 each year is from the all-terrain
13.31vehicle account; $150,000 each year is from
13.32the off-highway motorcycle account; and
13.33$100,000 each year is from the off-road
13.34vehicle account. Any unencumbered balance
14.1does not cancel at the end of the first year
14.2and is available for the second year.
14.3$805,000 the first year and $805,000 the
14.4second year are from the natural resources
14.5fund for trail grants to local units of
14.6government on land to be maintained for at
14.7least 20 years for the purposes of the grants.
14.8This appropriation is from the revenue
14.9deposited in the natural resources fund
14.10under Minnesota Statutes, section 297A.94,
14.11paragraph (e), clause (4).
14.12$200,000 the first year from the off-highway
14.13vehicle damage account in the natural
14.14resources fund is for all-terrain vehicle
14.15grants-in-aid.
14.16$100,000 the first year is from the all-terrain
14.17vehicle account in the natural resources fund
14.18for a pass-through grant to Lake County for
14.19completion of the Lake County Regional
14.20All-Terrain Vehicle Trail. This is a onetime
14.21appropriation and is available until spent.
14.22$400,000 each year is from the all-terrain
14.23vehicle account in the natural resources
14.24fund. Of this amount, $100,000 the first
14.25year and $100,000 the second year are for
14.26the all-terrain vehicle grant-in-aid trails
14.27program. $200,000 the first year and
14.28$200,000 the second year are for the creation
14.29and development of all-terrain vehicle
14.30trails. $100,000 each year is to provide
14.31downloadable trail maps on the Internet and
14.32is a onetime appropriation. By January 1,
14.332013, the commissioner shall submit a report
14.34to the chairs and ranking minority members
14.35of the legislative committees and divisions
15.1with jurisdiction over natural resources
15.2policy and finance. The report must indicate
15.3where and how many miles of new all-terrain
15.4vehicle trails were created and designated
15.5with appropriations under this paragraph.
15.6The commissioner shall not close any state
15.7park or state recreation area between July 1,
15.82011, and June 30, 2013, that is funded with
15.9money appropriated in this article.
15.16$100,000 the first year and $100,000 the
15.17second year are from the nongame wildlife
15.18account in the natural resources fund for gray
15.19wolf research.
15.20$120,000 the first year and $120,000 the
15.21second year are from the game and fish fund
15.22for gray wolf management.
15.23$8,167,000 the first year and $8,167,000
15.24the second year are from the heritage
15.25enhancement account in the game and
15.26fish fund only for activities specified in
15.27Minnesota Statutes, section 297A.94,
15.28paragraph (e), clause (1). Notwithstanding
15.29Minnesota Statutes, section 297A.94, five
15.30percent of this appropriation may be used for
15.31expanding hunter and angler recruitment and
15.32retention.
15.33Notwithstanding Minnesota Statutes, section
15.3484.943, $13,000 the first year and $13,000
15.35the second year from the critical habitat
16.1private sector matching account may be used
16.2to publicize the critical habitat license plate
16.3match program.
16.4$199,000 the first year and $199,000 the
16.5second year are for preserving, restoring, and
16.6enhancing grassland and wetland complexes
16.7on public or private lands.
16.8$600,000 the first year is from the game and
16.9fish fund for land acquisition.
16.10Notwithstanding Minnesota Statutes, section
16.1116A.28, the appropriations encumbered
16.12under contract on or before June 30, 2013, for
16.13aquatic restoration grants and wildlife habitat
16.14grants are available until June 30, 2014.
16.22$1,204,000 the first year and $1,307,000
16.23the second year are from the heritage
16.24enhancement account in the game and
16.25fish fund for only the purposes specified
16.26in Minnesota Statutes, section 297A.94,
16.27paragraph (e), clause (1).
16.28$240,000 the first year and $143,000
16.29the second year are from the heritage
16.30enhancement account in the game and fish
16.31fund for a conservation officer academy.
16.32$315,000 the first year and $315,000 the
16.33second year are from the snowmobile
16.34trails and enforcement account in the
17.1natural resources fund for grants to local
17.2law enforcement agencies for snowmobile
17.3enforcement activities. Any unencumbered
17.4balance does not cancel at the end of the first
17.5year and is available for the second year.
17.6$250,000 the first year and $250,000 the
17.7second year are from the all-terrain vehicle
17.8account for grants to qualifying organizations
17.9to assist in safety and environmental
17.10education and monitoring trails on public
17.11lands under Minnesota Statutes, section
17.1284.9011. Grants issued under this paragraph:
17.13(1) must be issued through a formal
17.14agreement with the organization; and (2)
17.15must not be used as a substitute for traditional
17.16spending by the organization. By December
17.1715 each year, an organization receiving a
17.18grant under this paragraph shall report to the
17.19commissioner with details on expenditures
17.20and outcomes from the grant. By January
17.2115, 2013, the commissioner shall report on
17.22the expenditures and outcomes of the grants
17.23to the chairs and ranking minority members
17.24of the legislative committees and divisions
17.25having jurisdiction over natural resources
17.26policy and finance. Of this appropriation,
17.27$25,000 each year is for administration of
17.28these grants. Any unencumbered balance
17.29does not cancel at the end of the first year
17.30and is available for the second year.
17.31$510,000 the first year and $510,000
17.32the second year are from the natural
17.33resources fund for grants to county law
17.34enforcement agencies for off-highway
17.35vehicle enforcement and public education
17.36activities based on off-highway vehicle use
18.1in the county. Of this amount, $498,000 each
18.2year is from the all-terrain vehicle account;
18.3$11,000 each year is from the off-highway
18.4motorcycle account; and $1,000 each year
18.5is from the off-road vehicle account. The
18.6county enforcement agencies may use
18.7money received under this appropriation
18.8to make grants to other local enforcement
18.9agencies within the county that have a high
18.10concentration of off-highway vehicle use.
18.11Of this appropriation, $25,000 each year
18.12is for administration of these grants. Any
18.13unencumbered balance does not cancel at the
18.14end of the first year and is available for the
18.15second year.
18.16$1,082,000 the first year and $1,082,000 the
18.17second year are from the water recreation
18.18account in the natural resources fund for
18.19grants to counties for boat and water safety.
18.20Any unencumbered balance does not cancel
18.21at the end of the first year and is available for
18.22the second year.
18.29$320,000 the first year and $320,000 the
18.30second year are from the natural resources
18.31fund for grants to be divided equally between
18.32the city of St. Paul for the Como Park Zoo
18.33and Conservatory and the city of Duluth
18.34for the Duluth Zoo. This appropriation
18.35is from the revenue deposited to the fund
19.1under Minnesota Statutes, section 297A.94,
19.2paragraph (e), clause (5).
19.5$2,996,000 the first year and $2,996,000 the
19.6second year are for natural resources block
19.7grants to local governments. The board may
19.8reduce the amount of the natural resources
19.9block grant to a county by an amount equal to
19.10any reduction in the county's general services
19.11allocation to a soil and water conservation
19.12district from the county's previous year
19.13allocation when the board determines that
19.14the reduction was disproportionate. Grants
19.15must be matched with a combination of local
19.16cash or in-kind contributions. The base
19.17grant portion related to water planning must
19.18be matched by an amount as specified by
19.19Minnesota Statutes, section 103B.3369.
19.20$2,750,000 the first year and $2,750,000
19.21the second year are for grants requested
19.22by soil and water conservation districts for
19.23general purposes, nonpoint engineering, and
19.24implementation of the reinvest in Minnesota
19.25reserve program. Upon approval of the
19.26board, expenditures may be made from these
19.27appropriations for supplies and services
19.28benefiting soil and water conservation
19.29districts. Any district requesting a grant
19.30under this paragraph shall maintain a Web
19.31page that publishes, at a minimum, its annual
19.32plan, annual report, annual audit, annual
19.33budget, including membership dues, and
19.34meeting notices and minutes.
20.1$937,000 the first year and $937,000 the
20.2second year are for grants to soil and
20.3water conservation districts for cost-sharing
20.4contracts for erosion control, water quality
20.5management, feedlot water quality projects.
20.6$386,000 the first year and $386,000 the
20.7second year are for implementation and
20.8enforcement of the Wetland Conservation
20.9Act.
20.10$166,000 the first year and $166,000 the
20.11second year are to provide assistance to local
20.12drainage management officials and for the
20.13costs of the Drainage Work Group.
20.14$42,000 the first year and $42,000 the second
20.15year are for a grant to the Red River Basin
20.16Commission for water quality and floodplain
20.17management, including administration of
20.18programs. If the appropriation in either year
20.19is insufficient, the appropriation in the other
20.20year is available for it.
20.21$60,000 the first year and $60,000 the second
20.22year are for grants to Area II Minnesota River
20.23Basin Projects for floodplain management.
20.24$42,000 each year is to the Minnesota River
20.25Board for operating expenses to measure and
20.26report the results of projects in the 12 major
20.27watersheds within the Minnesota River basin.
20.28Notwithstanding Minnesota Statutes, section
20.29103C.501, the board may shift cost-share
20.30funds in this section and may adjust the
20.31technical and administrative assistance
20.32portion of the grant funds to leverage
20.33federal or other nonstate funds or to address
21.1high-priority needs identified in local water
21.2management plans.
21.3The appropriations for grants in this
21.4section are available until expended. If an
21.5appropriation for grants in either year is
21.6insufficient, the appropriation in the other
21.7year is available for it.
21.13$2,870,000 the first year and $2,870,000
21.14the second year are for metropolitan area
21.15regional parks operation and maintenance
21.16according to Minnesota Statutes, section
21.17473.351.
21.18$5,670,000 the first year and $5,670,000 the
21.19second year are from the natural resources
21.20fund for metropolitan area regional parks
21.21and trails maintenance and operations. This
21.22appropriation is from the revenue deposited
21.23in the natural resources fund under Minnesota
21.24Statutes, section 297A.94, paragraph (e),
21.25clause (3).
21.32Conservation Corps Minnesota may receive
21.33money appropriated from the natural
21.34resources fund under this section only
22.1as provided in an agreement with the
22.2commissioner of natural resources. The
22.3general fund appropriation is onetime.
22.9$160,000 the first year and $160,000 the
22.10second year are from the natural resources
22.11fund from the revenue deposited under
22.12Minnesota Statutes, section 297A.94,
22.13paragraph (e), clause (5).
22.17 The amounts shown in this section summarize direct appropriations, by fund, made
22.18in this article.
22.25 The sums shown in the columns marked "Appropriations" are appropriated to the
22.26agencies and for the purposes specified in this article. The appropriations are from the
22.27general fund, or another named fund, and are available for the fiscal years indicated
22.28for each purpose. The figures "2012" and "2013" used in this article mean that the
22.29appropriations listed under them are available for the fiscal year ending June 30, 2012, or
22.30June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
22.31year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
22.32year ending June 30, 2011, are effective the day following final enactment.
23.11The amounts that may be spent for each
23.12purpose are specified in the following
23.13subdivisions.
23.15$138,000 the first year and $142,000
23.16the second year are for the regulation of
23.17mortgage originators and servicers under
23.18Minnesota Statutes, chapters 58 and 58A.
23.19$350,000 each year is for additional financial
23.20examination services. The commissioner
23.21may issue contracts for these services.
23.24This appropriation is from the petroleum
23.25tank release cleanup fund.
23.27The commissioner may redirect up
23.28to $1,071,000 in fiscal year 2012 and
23.29$1,071,000 in fiscal year 2013 of the
23.30general fund reduction in this subdivision
23.31to other subdivisions of this section. The
23.32commissioner shall report by February
23.331, 2012, to the chairs of the legislative
23.34committees having primary jurisdiction over
24.1the Department of Commerce's operating
24.2budget regarding any redirection authorized
24.3in this subdivision.
24.4$375,000 each year is for additional
24.5compliance efforts with unclaimed property.
24.6The commissioner may issue contracts
24.7for these services. This additional amount
24.8shall be added to the base budget for fiscal
24.9years 2014 and 2015 only. The enhanced
24.10unclaimed property compliance program
24.11shall sunset June 30, 2015.
24.22(a) The appropriations in this section are from
24.23the telecommunications access Minnesota
24.24fund.
24.25(b) $300,000 the first year and $300,000
24.26the second year are for transfer to the
24.27commissioner of human services to
24.28supplement the ongoing operational expenses
24.29of the Commission of Deaf, DeafBlind,
24.30and Hard-of-Hearing Minnesotans. This
24.31appropriation is from the telecommunication
24.32access Minnesota fund, and is added to the
24.33commission's base.
25.1(c) In addition to the appropriation
25.2authorized in Minnesota Statutes, section
25.3237.52, $400,000 the first year and $400,000
25.4the second year are onetime appropriations
25.5for the following purposes:
25.6(1) $230,000 each year is to the Office of
25.7Enterprise Technology for coordinating
25.8technology accessibility and usability;
25.9(2) $20,000 each year is to the Commission
25.10of Deaf, DeafBlind, and Hard-of-Hearing
25.11Minnesotans to provide information on their
25.12Web site in American Sign Language and to
25.13provide technical assistance to state agencies;
25.14and
25.15(3) $150,000 each year is to the Legislative
25.16Coordinating Commission to provide
25.17captioning of live streaming of legislative
25.18activity on the commission's Web site and
25.19for a consolidated access fund for other state
25.20agencies.
25.23(a) By June 30, 2013, the commissioner
25.24of management and budget shall transfer
25.25$6,950,000 from the special revenue fund to
25.26the general fund. The transfers must be from
25.27the following appropriation reductions and
25.28accounts with the special revenue fund:
25.29(1) $1,100,000 is from the
25.30telecommunications access Minnesota
25.31fund established in Minnesota Statutes,
25.32section 237.52;
26.1(2) $650,000 is from the Department of
26.2Commerce license technology surcharge
26.3account established in Minnesota Statutes,
26.4section 45.24;
26.5(3) $1,300,000 is from the energy and
26.6conservation account established in
26.7Minnesota Statutes, section 216B.241;
26.8(4) $950,000 is from the insurance fraud
26.9prevention account established in Minnesota
26.10Statutes, section 45.0135;
26.11(5) $1,500,000 is from the automobile theft
26.12prevention account established in Minnesota
26.13Statutes, section 168A.40;
26.14(6) $450,000 is from the real estate
26.15education, research and recovery fund
26.16established in Minnesota Statutes, section
26.1782.86. Notwithstanding Minnesota
26.18Statutes, section 82.86, subdivision 4, the
26.19commissioner shall not, in addition to the
26.20fee set forth in Minnesota Statutes, section
26.2182.86, subdivision 3, assess an additional fee
26.22to restore a balance in the fund; and
26.23(7) the commissioner of management and
26.24budget shall transfer $500,000 the first year
26.25and $500,000 the second year to the general
26.26fund from the telephone assistance program
26.27established in Minnesota Statutes, section
26.28237.69.
26.30(a) By June 30, 2012, the commissioner
26.31of management and budget shall transfer
26.32$14,000,000 in assets of the workers'
26.33compensation assigned risk plan created
27.1under Minnesota Statutes, section 79.252, to
27.2the general fund.
27.3(b) By June 30, 2013, the commissioner
27.4of management and budget shall transfer
27.5$10,500,000 in assets of the workers'
27.6compensation assigned risk plan created
27.7under Minnesota Statutes, section 79.252, to
27.8the general fund.
27.10(a) The remaining balance in the second year
27.11of the appropriation in Laws 2007, chapter
27.1257, article 2, section 3, subdivision 6, for
27.13biogas recovery facilities, estimated to be
27.14$420,000, is canceled to the general fund.
27.15(b) The remaining balance of the
27.16appropriation in Laws 2007, chapter 57,
27.17article 2, section 3, subdivision 6, clause
27.18(7), as amended by Laws 2008, chapter 340,
27.19section 5, for the Greenhouse Gas Advisory
27.20Group, estimated to be $7,000, is canceled to
27.21the general fund.
27.22(c) In the first year, the remaining balance of
27.23the appropriation in Laws 2007, chapter 57,
27.24article 2, section 3, subdivision 6, clause (5),
27.25for the hydrogen roadmap project, estimated
27.26to be $280,000, is canceled to the general
27.27fund.
27.28(d) The remaining balance of the
27.29appropriation in Laws 2008, chapter 363,
27.30article 6, section 3, subdivision 4, for
27.31renewable grants, estimated to be $368,000,
27.32is canceled to the general fund.
28.1(e) The remaining balance of the
28.2appropriation in Laws 2008, chapter 363,
28.3article 6, section 3, subdivision 4, for the
28.4green economy projects, estimated to be
28.5$59,000, is canceled to the general fund.
28.6(f) The remaining balance of the
28.7appropriation in Laws 2007, chapter 57,
28.8article 2, section 3, subdivision 6, clause
28.9(4), for automotive technology projects,
28.10estimated to be $22,000, is canceled to the
28.11general fund.
28.12(g) The remaining balance of the
28.13appropriation in Laws 2009, chapter 37,
28.14article 2, section 13, paragraph (b), clauses
28.15(1) and (2), for renewable energy and energy
28.16efficiency projects, estimated to be $600,000,
28.17is canceled to the general fund.
28.18 Sec. 9. COMMUNITY ENERGY ACTIVITIES; ASSESSMENT AND GRANT.
28.19The commissioner of commerce shall grant $500,000 in the fiscal year ending June
28.2030, 2012, from assessments made under Minnesota Statutes, section 216B.241, subdivision
28.211e, for the purpose of community energy technical assistance and outreach on renewable
28.22energy and energy efficiency as described in Minnesota Statutes, section 216C.385.
28.27The sums shown in the columns marked "Appropriations" are appropriated to the
28.28agencies and for the purposes specified in this article. The appropriations are from the
28.29environment and natural resources trust fund, or another named fund, and are available for
28.30the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
28.31article mean that the appropriations listed under them are available for the fiscal year
28.32ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
28.33"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
28.34appropriations in this article are onetime.
29.15Appropriations are available for two
29.16years beginning July 1, 2011, unless
29.17otherwise stated in the appropriation. Any
29.18unencumbered balance remaining in the first
29.19year does not cancel and is available for the
29.20second year.
29.22(a) "Trust fund" means the Minnesota
29.23environment and natural resources trust fund
29.24referred to in Minnesota Statutes, section
29.25116P.02, subdivision 6.
29.26(b) "State land and water conservation
29.27account (LAWCON)" means the state land
29.28and water conservation account in the natural
29.29resources fund referred to in Minnesota
29.30Statutes, section 116P.14.
29.33(a) Minnesota County Biological Survey
29.34$1,125,000 the first year and $1,125,000
29.35the second year are from the trust fund
29.36to the commissioner of natural resources
30.1for continuation of the Minnesota county
30.2biological survey to provide a foundation
30.3for conserving biological diversity by
30.4systematically collecting, interpreting,
30.5and delivering data on plant and animal
30.6distribution and ecology, native plant
30.7communities, and functional landscapes.
30.8(b) County Geologic Atlases for
30.9Sustainable Water Management
30.10$900,000 the first year and $900,000 the
30.11second year are from the trust fund to
30.12accelerate the production of county geologic
30.13atlases to provide information essential to
30.14sustainable management of ground water
30.15resources by defining aquifer boundaries
30.16and the connection of aquifers to the land
30.17surface and surface water resources. Of
30.18this appropriation, $600,000 each year is
30.19to the Board of Regents of the University
30.20of Minnesota for the Geologic Survey and
30.21$300,000 each year is to the commissioner
30.22of natural resources. This appropriation
30.23is available until June 30, 2015, by which
30.24time the project must be completed and final
30.25products delivered.
30.26(c) Completion of Statewide Digital Soil
30.27Survey
30.28$250,000 the first year and $250,000 the
30.29second year are from the trust fund to
30.30the Board of Water and Soil Resources
30.31to accelerate the completion of county
30.32soil survey mapping and Web-based data
30.33delivery. The soil surveys must be done on a
30.34cost-share basis with local and federal funds.
31.1(d) Updating National Wetlands Inventory
31.2for Minnesota - Phase III
31.3$1,500,000 the second year is from the trust
31.4fund to the commissioner of natural resources
31.5to continue the update of wetland inventory
31.6maps for Minnesota. This appropriation
31.7is available until June 30, 2015, by which
31.8time the project must be completed and final
31.9products delivered.
31.10(e) Golden Eagle Survey
31.11$30,000 the first year and $30,000 the
31.12second year are from the trust fund to the
31.13commissioner of natural resources for an
31.14agreement with the National Eagle Center to
31.15increase the understanding of golden eagles
31.16in Minnesota through surveys and education.
31.17This appropriation is available until June
31.1830, 2014, by which time the project must be
31.19completed and final products delivered.
31.20(f) Determining Causes of Mortality in
31.21Moose Populations
31.22$300,000 the first year and $300,000 the
31.23second year are from the trust fund to
31.24the commissioner of natural resources to
31.25determine specific causes of moose mortality
31.26and population decline in Minnesota and
31.27to develop specific management actions to
31.28prevent further population decline. This
31.29appropriation is available until June 30,
31.302014, by which time the project must be
31.31completed and final products delivered.
31.32(g) Prairie Management for Wildlife and
31.33Bioenergy - Phase II
32.1$300,000 the first year and $300,000 the
32.2second year are from the trust fund to the
32.3Board of Regents of the University of
32.4Minnesota to research and evaluate methods
32.5of managing diverse working prairies for
32.6wildlife and renewable bioenergy production.
32.7This appropriation is available until June
32.830, 2014, by which time the project must be
32.9completed and final products delivered.
32.10(h) Evaluation of Biomass Harvesting
32.11Impacts on Minnesota's Forests
32.12$175,000 the first year and $175,000 the
32.13second year are from the trust fund to the
32.14Board of Regents of the University of
32.15Minnesota to assess the impacts biomass
32.16harvests for energy have on soil nutrients,
32.17native forest vegetation, invasive species
32.18spread, and long-term tree productivity within
32.19Minnesota's forests. This appropriation is
32.20available until June 30, 2014, by which time
32.21the project must be completed and final
32.22products delivered.
32.23(i) Change and Resilience in Boreal Forests
32.24in Northern Minnesota
32.25$75,000 the first year and $75,000 the second
32.26year are from the trust fund to the Board
32.27of Regents of the University of Minnesota
32.28to assess the potential response of northern
32.29Minnesota's boreal forests to observed and
32.30predicted changes in climate conditions and
32.31develop related management guidelines and
32.32adaptation strategies. This appropriation
32.33is available until June 30, 2014, by which
32.34time the project must be completed and final
32.35products delivered.
33.1(j) Information System for Wildlife and
33.2Aquatic Management Areas
33.3$250,000 the first year and $250,000 the
33.4second year are from the trust fund to the
33.5commissioner of natural resources to develop
33.6an information system to facilitate improved
33.7management of wildlife and fish habitat and
33.8facilities. This appropriation is available
33.9until June 30, 2014, by which time the
33.10project must be completed and final products
33.11delivered.
33.12(k) Strengthening Natural Resource
33.13Management with LiDAR Training
33.14$90,000 the first year and $90,000 the second
33.15year are from the trust fund to the Board of
33.16Regents of the University of Minnesota to
33.17provide workshops and Web-based training
33.18and information on the use of LiDAR
33.19elevation data in planning for and managing
33.20natural resources.
33.21(l) Measuring Conservation Practice
33.22Outcomes
33.23$170,000 the first year and $170,000 the
33.24second year are from the trust fund to
33.25the Board of Water and Soil Resources
33.26to improve measurement of impacts of
33.27conservation practices through refinement
33.28of existing and development of new
33.29pollution estimators and by providing local
33.30government training.
33.31(m) Conservation-Based Approach for
33.32Assessing Public Drainage Benefits
33.33$75,000 the first year and $75,000 the second
33.34year are from the trust fund to the Board
34.1of Water and Soil Resources to develop an
34.2alternative framework to assess drainage
34.3benefits on public systems to enhance water
34.4conservation. This appropriation is available
34.5until June 30, 2014, by which time the
34.6project must be completed and final products
34.7delivered.
34.8(n) Mississippi River Central Minnesota
34.9Conservation Planning
34.10$87,000 the first year and $88,000 the
34.11second year are from the trust fund to the
34.12commissioner of natural resources for an
34.13agreement with Stearns County Soil and
34.14Water Conservation District to develop
34.15and adopt river protection strategies in
34.16cooperation with local jurisdictions in
34.17the communities of the 26 miles of the
34.18Mississippi River between Benton and
34.19Stearns Counties. This appropriation must
34.20be matched by $175,000 of nonstate cash or
34.21qualifying in-kind funds.
34.22(o) Saint Croix Basin Conservation
34.23Planning and Protection
34.24$60,000 the first year and $60,000 the
34.25second year are from the trust fund to
34.26the commissioner of natural resources for
34.27an agreement with the St. Croix River
34.28Association to develop an interagency plan
34.29to identify and prioritize critical areas for
34.30project implementation to improve watershed
34.31health. This appropriation must be matched
34.32by $120,000 of nonstate cash or qualifying
34.33in-kind funds. Up to $10,000 may be retained
34.34by the Department of Natural Resources at
34.35the request of the St. Croix River Association
35.1to provide technical and mapping assistance.
35.2This appropriation is available until June
35.330, 2014, by which time the project must be
35.4completed and final products delivered.
35.13(a) State Park and Recreation Area
35.14Operations
35.15$1,500,000 the first year and $1,500,000 the
35.16second year are from the trust fund to the
35.17commissioner of natural resources for state
35.18park and recreation area operations.
35.19(b) State Parks and Trails Land
35.20Acquisition
35.21$1,500,000 the first year and $1,500,000 the
35.22second year are from the trust fund to the
35.23commissioner of natural resources to acquire
35.24state trails and critical parcels within the
35.25statutory boundaries of state parks. State
35.26park land acquired with this appropriation
35.27must be sufficiently improved to meet at
35.28least minimum management standards, as
35.29determined by the commissioner of natural
35.30resources. A list of proposed acquisitions
35.31must be provided as part of the required work
35.32program. This appropriation is available
35.33until June 30, 2014, by which time the
35.34project must be completed and final products
35.35delivered.
36.1(c) Metropolitan Regional Park System
36.2Acquisition
36.3$1,125,000 the first year and $1,125,000
36.4the second year are from the trust fund to
36.5the Metropolitan Council for grants for the
36.6acquisition of lands within the approved park
36.7unit boundaries of the metropolitan regional
36.8park system. This appropriation may not
36.9be used for the purchase of residential
36.10structures. A list of proposed fee title and
36.11easement acquisitions must be provided as
36.12part of the required work program. This
36.13appropriation must be matched by at least
36.1440 percent of nonstate money and must be
36.15committed by December 31, 2011, or the
36.16appropriation cancels. This appropriation
36.17is available until June 30, 2014, at which
36.18time the project must be completed and final
36.19products delivered, unless an earlier date is
36.20specified in the work program.
36.21(d) Regional Park, Trail, and Connection
36.22Acquisition and Development Grants
36.23$1,000,000 the first year and $1,000,000 the
36.24second year are from the trust fund to the
36.25commissioner of natural resources to provide
36.26matching grants to local units of government
36.27for acquisition and development of regional
36.28parks, regional trails, and trail connections.
36.29The local match required for a grant to
36.30acquire a regional park or regional outdoor
36.31recreation area is two dollars of nonstate
36.32money for each three dollars of state money.
36.33This appropriation is available until June
36.3430, 2014, by which time the project must be
36.35completed and final products delivered.
37.1(e) Scientific and Natural Area Acquisition
37.2and Restoration
37.3$820,000 the first year and $820,000 the
37.4second year are from the trust fund to
37.5the commissioner of natural resources
37.6to acquire lands with high-quality native
37.7plant communities and rare features to be
37.8established as scientific and natural areas
37.9as provided in Minnesota Statutes, section
37.1086A.05, subdivision 5, restore parts of
37.11scientific and natural areas, and provide
37.12technical assistance and outreach. A list
37.13of proposed acquisitions must be provided
37.14as part of the required work program.
37.15Land acquired with this appropriation
37.16must be sufficiently improved to meet at
37.17least minimum management standards, as
37.18determined by the commissioner of natural
37.19resources. This appropriation is available
37.20until June 30, 2014, by which time the
37.21project must be completed and final products
37.22delivered.
37.23(f) LaSalle Lake State Recreation Area
37.24Acquisition
37.25$1,000,000 the first year and $1,000,000
37.26the second year are from the trust fund to
37.27the commissioner of natural resources for
37.28an agreement with The Trust for Public
37.29Land to acquire approximately 190 acres
37.30to be designated as a state recreation area
37.31as provided in Minnesota Statutes, section
37.3286A.05, subdivision 3, on LaSalle Lake
37.33adjacent to the upper Mississippi River. If
37.34this acquisition is not completed by July
37.3515, 2012, then the appropriation is available
38.1to the Department of Natural Resources
38.2for other state park and recreation area
38.3acquisitions on the priority list. Up to
38.4$10,000 may be retained by the Department
38.5of Natural Resources at the request of
38.6The Trust for Public Land for transaction
38.7costs, associated professional services, and
38.8restoration needs.
38.9(g) Minnesota River Valley Green
38.10Corridor Scientific and Natural Area
38.11Acquisition
38.12$1,000,000 the first year and $1,000,000
38.13the second year are from the trust fund
38.14to the commissioner of natural resources
38.15for an agreement with the Redwood Area
38.16Communities Foundation to acquire lands
38.17with high-quality native plant communities
38.18and rare features to be established as scientific
38.19and natural areas as provided in Minnesota
38.20Statutes, section 86A.05, subdivision 5. A list
38.21of proposed acquisitions must be provided
38.22as part of the required work program.
38.23Land acquired with this appropriation
38.24must be sufficiently improved to meet at
38.25least minimum management standards, as
38.26determined by the commissioner of natural
38.27resources. Up to $54,000 may be retained by
38.28the Department of Natural Resources at the
38.29request of the Redwood Area Communities
38.30Foundation for transaction costs, associated
38.31professional services, and restoration needs.
38.32This appropriation is available until June
38.3330, 2014, by which time the project must be
38.34completed and final products delivered.
39.1(h) Native Prairie Stewardship and Native
39.2Prairie Bank Acquisition
39.3$500,000 the first year and $500,000 the
39.4second year are from the trust fund to the
39.5commissioner of natural resources to acquire
39.6native prairie bank easements, prepare
39.7baseline property assessments, restore and
39.8enhance native prairie sites, and provide
39.9technical assistance to landowners. This
39.10appropriation is available until June 30,
39.112014, by which time the project must be
39.12completed and final products delivered.
39.13(i) Metropolitan Conservation Corridors
39.14(MeCC) - Phase VI
39.15$1,737,000 the first year and $1,738,000
39.16the second year are from the trust fund
39.17to the commissioner of natural resources
39.18for the acceleration of agency programs
39.19and cooperative agreements. Of this
39.20appropriation, $150,000 the first year
39.21and $150,000 the second year are to the
39.22commissioner of natural resources for
39.23agency programs and $3,175,000 is for the
39.24agreements as follows: $100,000 the first
39.25year and $100,000 the second year with
39.26Friends of the Mississippi River; $517,000
39.27the first year and $518,000 the second year
39.28with Dakota County; $200,000 the first year
39.29and $200,000 the second year with Great
39.30River Greening; $220,000 the first year and
39.31$220,000 the second year with Minnesota
39.32Land Trust; $300,000 the first year and
39.33$300,000 the second year with Minnesota
39.34Valley National Wildlife Refuge Trust, Inc.;
39.35and $250,000 the first year and $250,000
40.1the second year with The Trust for Public
40.2Land for planning, restoring, and protecting
40.3priority natural areas in the metropolitan area,
40.4as defined under Minnesota Statutes, section
40.5473.121, subdivision 2, and portions of the
40.6surrounding counties, through contracted
40.7services, technical assistance, conservation
40.8easements, and fee title acquisition. Land
40.9acquired with this appropriation must
40.10be sufficiently improved to meet at least
40.11minimum management standards, as
40.12determined by the commissioner of natural
40.13resources. Expenditures are limited to the
40.14identified project corridor areas as defined
40.15in the work program. This appropriation
40.16may not be used for the purchase of
40.17habitable residential structures, unless
40.18expressly approved in the work program. All
40.19conservation easements must be perpetual
40.20and have a natural resource management
40.21plan. Any land acquired in fee title by the
40.22commissioner of natural resources with
40.23money from this appropriation must be
40.24designated as an outdoor recreation unit
40.25under Minnesota Statutes, section 86A.07.
40.26The commissioner may similarly designate
40.27any lands acquired in less than fee title. A
40.28list of proposed restorations and fee title
40.29and easement acquisitions must be provided
40.30as part of the required work program. An
40.31entity that acquires a conservation easement
40.32with appropriations from the trust fund
40.33must have a long-term stewardship plan
40.34for the easement and a fund established for
40.35monitoring and enforcing the agreement.
40.36Money appropriated from the trust fund for
41.1easement acquisition may be used to establish
41.2a monitoring, management, and enforcement
41.3fund as approved in the work program. An
41.4annual financial report is required for any
41.5monitoring, management, and enforcement
41.6fund established, including expenditures
41.7from the fund. This appropriation is available
41.8until June 30, 2014, by which time the
41.9project must be completed and final products
41.10delivered.
41.11(j) Habitat Conservation Partnership
41.12(HCP) - Phase VII
41.13$1,737,000 the first year and $1,738,000
41.14the second year are from the trust fund
41.15to the commissioner of natural resources
41.16for the acceleration of agency programs
41.17and cooperative agreements. Of this
41.18appropriation, $125,000 the first year
41.19and $125,000 the second year are to the
41.20commissioner of natural resources for
41.21agency programs and $3,225,000 is for
41.22agreements as follows: $637,000 the first
41.23year and $638,000 the second year with
41.24Ducks Unlimited, Inc.; $38,000 the first year
41.25and $37,000 the second year with Friends
41.26of Detroit Lakes Wetland Management
41.27District; $25,000 the first year and $25,000
41.28the second year with Leech Lake Band of
41.29Ojibwe; $225,000 the first year and $225,000
41.30the second year with Minnesota Land Trust;
41.31$200,000 the first year and $200,000 the
41.32second year with Minnesota Valley National
41.33Wildlife Refuge Trust, Inc.; $242,000 the
41.34first year and $243,000 the second year
41.35with Pheasants Forever, Inc.; and $245,000
41.36the first year and $245,000 the second year
42.1with The Trust for Public Land to plan,
42.2restore, and acquire fragmented landscape
42.3corridors that connect areas of quality habitat
42.4to sustain fish, wildlife, and plants. The
42.5United States Department of Agriculture,
42.6Natural Resources Conservation Service,
42.7is an authorized cooperating partner in the
42.8appropriation. Expenditures are limited to
42.9the project corridor areas as defined in the
42.10work program. Land acquired with this
42.11appropriation must be sufficiently improved
42.12to meet at least minimum habitat and facility
42.13management standards, as determined by
42.14the commissioner of natural resources.
42.15This appropriation may not be used for the
42.16purchase of habitable residential structures,
42.17unless expressly approved in the work
42.18program. All conservation easements must
42.19be perpetual and have a natural resource
42.20management plan. Any land acquired in fee
42.21title by the commissioner of natural resources
42.22with money from this appropriation must
42.23be designated as an outdoor recreation unit
42.24under Minnesota Statutes, section 86A.07.
42.25The commissioner may similarly designate
42.26any lands acquired in less than fee title. A
42.27list of proposed restorations and fee title
42.28and easement acquisitions must be provided
42.29as part of the required work program. An
42.30entity who acquires a conservation easement
42.31with appropriations from the trust fund
42.32must have a long-term stewardship plan
42.33for the easement and a fund established for
42.34monitoring and enforcing the agreement.
42.35Money appropriated from the trust fund for
42.36easement acquisition may be used to establish
43.1a monitoring, management, and enforcement
43.2fund as approved in the work program. An
43.3annual financial report is required for any
43.4monitoring, management, and enforcement
43.5fund established, including expenditures
43.6from the fund. This appropriation is available
43.7until June 30, 2014, by which time the
43.8project must be completed and final products
43.9delivered.
43.10(k) Natural and Scenic Area Acquisition
43.11Grants
43.12$500,000 the first year and $500,000 the
43.13second year are from the trust fund to the
43.14commissioner of natural resources to provide
43.15matching grants to local governments for
43.16acquisition of natural and scenic areas, as
43.17provided in Minnesota Statutes, section
43.1885.019, subdivision 4a. This appropriation
43.19is available until June 30, 2014, by which
43.20time the project must be completed and final
43.21products delivered.
43.22(l) Acceleration of Minnesota Conservation
43.23Assistance
43.24$313,000 the first year and $312,000 the
43.25second year are from the trust fund to the
43.26Board of Water and Soil Resources to provide
43.27grants to soil and water conservation districts
43.28to provide technical assistance to secure
43.29enrollment and retention of private lands in
43.30federal and state programs for conservation.
43.31(m) Conservation Easement Stewardship
43.32and Enforcement Program - Phase II
43.33$250,000 the first year and $250,000 the
43.34second year are from the trust fund to
44.1the commissioner of natural resources to
44.2accelerate the implementation of the Phase
44.3I Conservation Easement Stewardship Plan
44.4being developed with an appropriation
44.5from Laws 2008, chapter 367, section 2,
44.6subdivision 5, paragraph (h).
44.7(n) Recovery of At-Risk Native Prairie
44.8Species
44.9$73,000 the first year and $74,000 the second
44.10year are from the trust fund to the Board of
44.11Water and Soil Resources for an agreement
44.12with the Martin County Soil and Water
44.13Conservation District to collect, propagate,
44.14and plant declining, at-risk native species
44.15on protected habitat and to enhance private
44.16market sources for local ecotype native seed.
44.17This appropriation is available until June
44.1830, 2014, by which time the project must be
44.19completed and final products delivered.
44.20(o) Understanding Threats, Genetic
44.21Diversity, and Conservation Options for
44.22Wild Rice
44.23$97,000 the first year and $98,000 the second
44.24year are from the trust fund to the Board
44.25of Regents of the University of Minnesota
44.26to research the genetic diversity of wild
44.27rice population throughout Minnesota for
44.28use in related conservation and restoration
44.29efforts. This appropriation is contingent upon
44.30demonstration of review and cooperation
44.31with the Native American tribal nations
44.32in Minnesota. Equipment purchased with
44.33this appropriation must be available for
44.34future publicly funded projects at no charge
44.35except for typical operating expenses. This
45.1appropriation is available until June 30,
45.22014, by which time the project must be
45.3completed and final products delivered.
45.4(p) Southeast Minnesota Stream
45.5Restoration
45.6$125,000 the first year and $125,000 the
45.7second year are from the trust fund to the
45.8commissioner of natural resources for an
45.9agreement with Trout Unlimited to restore at
45.10least four miles of riparian corridor for trout
45.11and nongame species in southeast Minnesota
45.12and increase local capacities to implement
45.13stream restoration through training and
45.14technical assistance. This appropriation is
45.15available until June 30, 2014, by which time
45.16the project must be completed and final
45.17products delivered.
45.18(q) Restoration Strategies for Ditched
45.19Peatland Scientific and Natural Areas
45.20$100,000 the first year and $100,000 the
45.21second year are from the trust fund to the
45.22commissioner of natural resources to evaluate
45.23the hydrology and habitat of the Winter Road
45.24Lake peatland watershed protection area to
45.25determine the effects of ditch abandonment
45.26and examine the potential for restoration
45.27of patterned peatlands. This appropriation
45.28is available until June 30, 2014, by which
45.29time the project must be completed and final
45.30products delivered.
45.31(r) Northeast Minnesota White Cedar
45.32Plant Community Restoration
45.33$125,000 for the first year and $125,000
45.34the second year are from the trust fund to
46.1the Board of Water and Soil Resources to
46.2assess the decline of northern white cedar
46.3plant communities in northeast Minnesota,
46.4prioritize cedar sites for restoration, and
46.5provide cedar restoration training to local
46.6units of government.
46.7(s) Land and Water Conservation Account
46.8(LAWCON) Federal Reimbursement
46.9$750,000 is from the state land and water
46.10conservation account (LAWCON) in the
46.11natural resources fund to the commissioner of
46.12natural resources for priorities established by
46.13the commissioner for eligible state projects
46.14and administrative and planning activities
46.15consistent with Minnesota Statutes, section
46.16116P.14, and the federal Land and Water
46.17Conservation Fund Act. This appropriation
46.18is available until June 30, 2014, by which
46.19time the project must be completed and final
46.20products delivered.
46.22(a) Itasca County Sensitive Lakeshore
46.23Identification
46.24$80,000 the first year and $80,000 the
46.25second year are from the trust fund to the
46.26commissioner of natural resources for an
46.27agreement with Itasca County Soil and Water
46.28Conservation District to identify sensitive
46.29lakeshore and restorable shoreline in Itasca
46.30County. Up to $130,000 may be retained by
46.31the Department of Natural Resources at the
46.32request of Itasca County to provide technical
46.33assistance.
47.1(b) Trout Stream Springshed Mapping in
47.2Southeast Minnesota - Phase III
47.3$250,000 the first year and $250,000 the
47.4second year are from the trust fund to
47.5continue to identify and delineate water
47.6supply areas and springsheds for springs
47.7serving as cold water sources for trout
47.8streams and to assess the impacts from
47.9development and water appropriations. Of
47.10this appropriation, $140,000 each year is to
47.11the Board of Regents of the University of
47.12Minnesota and $110,000 each year is to the
47.13commissioner of natural resources.
47.14(c) Mississippi River Water Quality
47.15Assessment
47.16$278,000 the first year and $279,000 the
47.17second year are from the trust fund to the
47.18Board of Regents of the University of
47.19Minnesota to assess water quality in the
47.20Mississippi River using DNA sequencing
47.21approaches and chemical analyses. The
47.22assessments shall be incorporated into
47.23a Web-based educational tool for use
47.24in classrooms and public exhibits. This
47.25appropriation is available until June 30,
47.262014, by which time the project must be
47.27completed and final products delivered.
47.28(d) Zumbro River Watershed Restoration
47.29Prioritization
47.30$75,000 the first year and $75,000 the
47.31second year are from the trust fund to the
47.32commissioner of natural resources for an
47.33agreement with the Zumbro Watershed
47.34Partnership, Inc. to identify sources of
47.35erosion and runoff in the Zumbro River
48.1Watershed in order to prioritize restoration
48.2and protection projects.
48.3(e) Assessment of Minnesota River
48.4Antibiotic Concentrations
48.5$95,000 the first year and $95,000 the
48.6second year are from the trust fund to the
48.7commissioner of natural resources for an
48.8agreement with Saint Thomas University
48.9in cooperation with Gustavus Adolphus
48.10College and the University of Minnesota
48.11to measure antibiotic concentrations and
48.12antibiotic resistance levels at sites on the
48.13Minnesota River.
48.16(a) Improved Detection of Harmful
48.17Microbes in Ballast Water
48.18$125,000 the first year and $125,000 the
48.19second year are from the trust fund to the
48.20Board of Regents of the University of
48.21Minnesota for the University of Minnesota
48.22Duluth to identify and analyze potentially
48.23harmful bacteria transported into Lake
48.24Superior through ship ballast water
48.25discharge. This appropriation is available
48.26until June 30, 2014, by which time the
48.27project must be completed and final products
48.28delivered.
48.29(b) Emerald Ash Borer Biocontrol
48.30Research and Implementation
48.31$250,000 the first year and $250,000 the
48.32second year are from the trust fund to the
48.33commissioner of agriculture to assess a
48.34biocontrol method for suppressing emerald
49.1ash borers by testing bioagent winter survival
49.2potential, developing release and monitoring
49.3methods, and piloting implementation
49.4of emerald ash borer biocontrol. This
49.5appropriation is available until June 30,
49.62014, by which time the project must be
49.7completed and final products delivered.
49.8(c) Evaluation of Switchgrass as Biofuel
49.9Crop
49.10$60,000 the first year and $60,000 the second
49.11year are from the trust fund to the Minnesota
49.12State Colleges and Universities System for
49.13Central Lakes College in cooperation with
49.14the University of Minnesota to determine
49.15the invasion risk of selectively bred
49.16native grasses for biofuel production and
49.17develop strategies to minimize the invasion
49.18potential and impacts on biodiversity. This
49.19appropriation is available until June 30,
49.202014, by which time the project must be
49.21completed and final products delivered.
49.23Supporting Community-Driven
49.24Sustainable Bioenergy Projects
49.25$75,000 the first year and $75,000 the
49.26second year are from the trust fund to
49.27the commissioner of natural resources
49.28for an agreement with Dovetail Partners,
49.29Inc., in cooperation with the University of
49.30Minnesota to assess feasibility, impacts,
49.31and management needs of community-scale
49.32forest bioenergy systems through pilot
49.33studies in Ely and Cook County and to
49.34disseminate findings to inform related efforts
49.35in other communities.
50.2Youth-Led Renewable Energy and
50.3Energy Conservation in West Central and
50.4Southwest Minnesota
50.5$123,000 the first year and $123,000 the
50.6second year are from the trust fund to
50.7the commissioner of natural resources
50.8for an agreement with Prairie Woods
50.9Environmental Learning Center to initiate
50.10youth-led renewable energy and conservation
50.11projects in over thirty communities in west
50.12central and southwest Minnesota.
50.14(a) Minnesota Conservation Apprentice
50.15Academy
50.16$100,000 the first year and $100,000 the
50.17second year are from the trust fund to
50.18the Board of Water and Soil Resources
50.19in cooperation with Conservation Corps
50.20Minnesota to train and mentor future
50.21conservation professionals by providing
50.22apprenticeship service opportunities to
50.23soil and water conservation districts. This
50.24appropriation is available until June 30,
50.252014, by which time the project must be
50.26completed and the final products delivered.
50.27(b) Wild Rice Standards
50.28$1,000,000 the first year is from the trust
50.29fund to the commissioner of the Pollution
50.30Control Agency for a wild rice standards
50.31study. This appropriation is available until
50.32June 30, 2015.
51.1(c) Chronic Wasting Disease and Animal
51.2Health
51.3$600,000 the first year and $600,000 the
51.4second year are from the trust fund to the
51.5commissioner of natural resources to address
51.6chronic wasting disease and accelerate
51.7wildlife health programs.
51.8(d) Aquatic Invasive Species
51.9$2,177,000 the first year and $3,513,000
51.10the second year are from the trust fund
51.11to the commissioner of natural resources
51.12to accelerate aquatic invasive species
51.13programs, including the development
51.14and implementation of best management
51.15practices for public water access facilities
51.16to implement aquatic invasive species
51.17prevention strategies. $50,000 is for a grant
51.18to develop and produce a documentary
51.19identifying the challenges presented by
51.20aquatic invasive species. The documentary
51.21shall be available to the Department of
51.22Natural Resources to distribute to watercraft
51.23license purchasers and the general public
51.24through online and other media.
51.25(e) Coon Rapids Dam
51.26$442,000 the first year is from the trust fund
51.27to the commissioner of natural resources
51.28for a grant to Three Rivers Park District for
51.29predesign and design of the Coon Rapids
51.30Dam for improvements and to function as a
51.31barrier to invasive fish.
51.32(f) Reinvest in Minnesota Wetlands
51.33Reserve Acquisition and Restoration
51.34Program Partnership
52.1$1,645,000 the first year is to the Board
52.2of Water and Soil Resources to acquire
52.3permanent conservation easements and
52.4restore wetlands and associated upland
52.5habitat in cooperation with the United States
52.6Department of Agriculture Wetlands Reserve
52.7Program. A list of proposed land acquisitions
52.8must be provided as part of the required work
52.9program.
52.12(a) Legislative-Citizen Commission on
52.13Minnesota Resources (LCCMR)
52.14$473,000 the first year and $473,000 the
52.15second year are from the trust fund to the
52.16LCCMR for administration as provided
52.17in Minnesota Statutes, section 116P.09,
52.18subdivision 5.
52.19(b) Contract Management
52.20$88,000 the first year and $87,000 the
52.21second year are from the trust fund to
52.22the commissioner of natural resources
52.23for expenses incurred for contract fiscal
52.24services for the agreements specified in this
52.25section. The commissioner shall provide
52.26documentation to the Legislative-Citizen
52.27Commission on Minnesota Resources
52.28on the expenditure of these funds. This
52.29appropriation is available until June 30, 2014.
52.30(c) LCC Web Site
52.31$3,000 in the first year is appropriated to the
52.32Legislative Coordinating Commission for
52.33the Web site required in Minnesota Statutes,
52.34section 3.303, subdivision 10.
53.2Money appropriated in this section may
53.3not be spent on activities unless they are
53.4directly related to the specific appropriation
53.5and are specified in the approved work
53.6program. Money appropriated in this section
53.7must not be spent on indirect costs or other
53.8institutional overhead charges. Unless
53.9otherwise provided, the amounts in this
53.10section are available until June 30, 2013,
53.11when projects must be completed and final
53.12products delivered. For acquisition of real
53.13property, the amounts in this section are
53.14available until June 30, 2014, if a binding
53.15contract is entered into by June 30, 2013,
53.16and closed not later than June 30, 2014. If
53.17a project receives a federal grant, the time
53.18period of the appropriation is extended to
53.19equal the federal grant period.
53.21Data collected by the projects funded under
53.22this section must conform to guidelines and
53.23standards adopted by the Office of Enterprise
53.24Technology. Spatial data also must conform
53.25to additional guidelines and standards
53.26designed to support data coordination and
53.27distribution that have been published by the
53.28Minnesota Geospatial Information Office.
53.29Descriptions of spatial data must be prepared
53.30as specified in the state's geographic metadata
53.31guideline and must be submitted to the
53.32Minnesota Geospatial Information Office.
53.33All data must be accessible and free to the
53.34public unless made private under the Data
54.1Practices Act, Minnesota Statutes, chapter
54.213.
54.3To the extent practicable, summary data and
54.4results of projects funded under this section
54.5should be readily accessible on the Internet
54.6and identified as an environment and natural
54.7resources trust fund project.
54.9(a) As a condition of accepting an
54.10appropriation under this section, any agency
54.11or entity receiving an appropriation or a
54.12party to an agreement from an appropriation
54.13must comply with paragraphs (b) to (k) and
54.14Minnesota Statutes, chapter 116P, and must
54.15submit a work program and semiannual
54.16progress reports in the form determined
54.17by the Legislative-Citizen Commission on
54.18Minnesota Resources for any project funded
54.19in whole or in part with funds from the
54.20appropriation.
54.21(b) For all restorations conducted with money
54.22appropriated under this section, a recipient
54.23must prepare an ecological restoration
54.24and management plan that, to the degree
54.25practicable, is consistent with the highest
54.26quality conservation and ecological goals for
54.27the restoration site. Consideration should
54.28be given to soil, geology, topography, and
54.29other relevant factors that would provide
54.30the best chance for long-term success of the
54.31restoration projects. The plan must include
54.32the proposed timetable for implementing
54.33the restoration, including site preparation,
54.34establishment of diverse plant species,
54.35maintenance, and additional enhancement to
55.1establish the restoration; identify long-term
55.2maintenance and management needs of
55.3the restoration and how the maintenance,
55.4management, and enhancement will be
55.5financed; and take advantage of the best
55.6available science and include innovative
55.7techniques to achieve the best restoration.
55.8(c) Any entity receiving an appropriation in
55.9this section for restoration activities must
55.10provide an initial restoration evaluation
55.11at the completion of the appropriation
55.12and an evaluation three years beyond the
55.13completion of the expenditure. Restorations
55.14must be evaluated relative to the stated
55.15goals and standards in the restoration plan,
55.16current science, and, when applicable, the
55.17Board of Water and Soil Resources' native
55.18vegetation establishment and enhancement
55.19guidelines. The evaluation shall determine
55.20whether the restorations are meeting planned
55.21goals, identify any problems with the
55.22implementation of the restorations, and,
55.23if necessary, give recommendations on
55.24improving restorations. The evaluation shall
55.25be focused on improving future restorations.
55.26(d) Except as otherwise provided in this
55.27section, all restoration and enhancement
55.28projects funded with money appropriated in
55.29this section must be on land permanently
55.30protected by a conservation easement or
55.31public ownership or in public waters as
55.32defined in Minnesota Statutes, section
55.33103G.005, subdivision 15.
55.34(e) A recipient of money from an
55.35appropriation under this section must
56.1give consideration to contracting with
56.2Conservation Corps Minnesota or its
56.3successor for contract restoration and
56.4enhancement services.
56.5(f) All conservation easements acquired with
56.6money appropriated under this section must:
56.7(1) be perpetual;
56.8(2) specify the parties to an easement in the
56.9easement;
56.10(3) specify all of the provisions of an
56.11agreement that are perpetual;
56.12(4) be sent to the Office of the
56.13Legislative-Citizen Commission on
56.14Minnesota Resources in an electronic format;
56.15(5) include a long-term monitoring and
56.16enforcement plan and funding for monitoring
56.17and enforcing the easement agreement; and
56.18(6) include requirements in the easement
56.19document to address specific water quality
56.20protection activities such as keeping water
56.21on the landscape, reducing nutrient and
56.22contaminant loading, protecting groundwater,
56.23and not permitting artificial hydrological
56.24modifications.
56.25(g) For any acquisition of land or interest in
56.26land, a recipient of money appropriated under
56.27this section must give priority to high quality
56.28natural resources or conservation lands that
56.29provide natural buffers to water resources.
56.30(h) For new lands acquired with money
56.31appropriated under this section, a recipient
56.32must prepare a restoration and management
56.33plan in compliance with paragraph
57.1(b), including sufficient funding for
57.2implementation unless the work program
57.3addresses why a portion of the money is
57.4not necessary to achieve a high quality
57.5restoration.
57.6(i) To the extent an appropriation is used to
57.7acquire an interest in real property, a recipient
57.8of an appropriation under this section must
57.9provide to the Legislative-Citizen
57.10Commission on Minnesota Resources and
57.11the commissioner of management and budget
57.12an analysis of increased operations and
57.13maintenance costs likely to be incurred by
57.14public entities as a result of the acquisition
57.15and how these costs are to be paid.
57.16(j) To ensure public accountability for the
57.17use of public funds, a recipient of money
57.18appropriated under this section must provide
57.19to the Legislative-Citizen Commission on
57.20Minnesota Resources documentation of the
57.21selection process used to identify parcels
57.22acquired and provide documentation of all
57.23related transaction costs, including but not
57.24limited to appraisals, legal fees, recording
57.25fees, commissions, other similar costs,
57.26and donations. This information must be
57.27provided for all parties involved in the
57.28transaction. The recipient must also report
57.29to the Legislative-Citizen Commission on
57.30Minnesota Resources any difference between
57.31the acquisition amount paid to the seller
57.32and the state-certified or state-reviewed
57.33appraisal, if a state-certified or state-reviewed
57.34appraisal was conducted. Acquisition data
57.35such as appraisals may remain private
57.36during negotiations but must ultimately
58.1be made public according to Minnesota
58.2Statutes, chapter 13. The Legislative-Citizen
58.3Commission on Minnesota Resources shall
58.4review the requirement in this paragraph
58.5and provide a recommendation on whether
58.6to continue or modify the requirement in
58.7future years. The commission may waive
58.8the application of this paragraph for specific
58.9projects.
58.10(k) A recipient of an appropriation from
58.11the trust fund under this section must
58.12acknowledge financial support from the
58.13Minnesota environment and natural resources
58.14trust fund in project publications, signage,
58.15and other public communications and
58.16outreach related to work completed using the
58.17appropriation. Acknowledgment may occur,
58.18as appropriate, through use of the trust fund
58.19logo or inclusion of language attributing
58.20support from the trust fund.
58.23All agreements, grants, or contracts referred
58.24to in this section must be administered on
58.25a reimbursement basis unless otherwise
58.26provided in this section. Notwithstanding
58.27Minnesota Statutes, section 16A.41,
58.28expenditures made on or after July 1,
58.292011, or the date the work program is
58.30approved, whichever is later, are eligible for
58.31reimbursement unless otherwise provided
58.32in this section. Periodic payment must
58.33be made upon receiving documentation
58.34that the deliverable items articulated in
58.35the approved work program have been
58.36achieved, including partial achievements
59.1as evidenced by approved progress reports.
59.2Reasonable amounts may be advanced to
59.3projects to accommodate cash flow needs or
59.4match federal money. The advances must
59.5be approved as part of the work program.
59.6No expenditures for capital equipment are
59.7allowed unless expressly authorized in the
59.8project work program.
59.11A political subdivision, public or private
59.12corporation, or other entity that receives an
59.13appropriation under this section must use the
59.14appropriation in compliance with Minnesota
59.15Statutes, section 16B.121, regarding
59.16purchase of recycled, repairable, and durable
59.17materials; and Minnesota Statutes, section
59.1816B.122, regarding purchase and use of
59.19paper stock and printing.
59.22A recipient to whom an appropriation is made
59.23under this section for a capital improvement
59.24project must ensure that the project complies
59.25with the applicable energy conservation and
59.26sustainable building guidelines and standards
59.27contained in law, including Minnesota
59.28Statutes, sections 16B.325, 216C.19, and
59.29216C.20, and rules adopted under those
59.30sections. The recipient may use the energy
59.31planning, advocacy, and State Energy Office
59.32units of the Department of Commerce to
59.33obtain information and technical assistance
59.34on energy conservation and alternative
59.35energy development relating to the planning
60.1and construction of the capital improvement
60.2project.
60.4Structural and nonstructural facilities must
60.5meet the design standards in the Americans
60.6with Disabilities Act (ADA) accessibility
60.7guidelines.
60.9(a) The availability of the appropriation for
60.10the following projects is extended to June
60.1130, 2012:
60.12(1) Laws 2008, chapter 367, section
60.132, subdivision 4, paragraph (f), Native
60.14Shoreland Buffer Incentives Program;
60.15(2) Laws 2008, chapter 367, section 2,
60.16subdivision 4, paragraph (g), Southeast
60.17Minnesota Stream Restoration Projects;
60.18(3) Laws 2009, chapter 143, section 2,
60.19subdivision 4, paragraph (a), State Park
60.20Acquisition;
60.21(4) Laws 2009, chapter 143, section 2,
60.22subdivision 4, paragraph (b), State Trail
60.23Acquisition;
60.24(5) Laws 2009, chapter 143, section 2,
60.25subdivision 6, paragraph (c), Improving
60.26Emerging Fish Disease Surveillance in
60.27Minnesota;
60.28(6) Laws 2009, chapter 143, section 2,
60.29subdivision 8, paragraph (a), Contract
60.30Management; and
60.31(7) Laws 2009, chapter 143, section
60.322, subdivision 8, paragraph (b),
60.33Legislative-Citizen Commission on
61.1Minnesota Resources (LCCMR) for purposes
61.2provided under Minnesota Statutes, section
61.316A.281.
61.4(b) The availability of the appropriation for
61.5the following project is extended to June 30,
61.62013:
61.7(1) Laws 2010, chapter 362, section 2,
61.8subdivision 8, paragraph (f), Expanding
61.9Outdoor Classrooms at Minnesota Schools;
61.10and
61.11(2) Laws 2010, chapter 362, section 2,
61.12subdivision 8, paragraph (g), Integrating
61.13Environmental and Outdoor Education in
61.14Grades 7-12.
61.17Money appropriated under this section and
61.18adjustments made under subdivision 20 for
61.19easement monitoring and enforcement may
61.20be spent only on activities included in an
61.21easement monitoring and enforcement plan
61.22contained within the work program. Money
61.23received for monitoring and enforcement,
61.24including earnings on the money received,
61.25shall be kept in a monitoring and enforcement
61.26fund held by the organization and dedicated
61.27to monitoring and enforcing conservation
61.28easements within Minnesota. Within 120
61.29days after the close of the entity's fiscal
61.30year, an entity receiving appropriations
61.31for easement monitoring and enforcement
61.32must provide an annual financial report
61.33to the Legislative-Citizen Commission
61.34on Minnesota Resources on the easement
61.35monitoring and enforcement fund as specified
62.1in the work program. Money appropriated
62.2under this section for monitoring and
62.3enforcement of easements and earnings on
62.4the money appropriated shall revert to the
62.5state if: (1) the easement transfers to the
62.6state; (2) the holder of the easement fails to
62.7file an annual report and then fails to cure
62.8that default within 30 days of notification
62.9of the default by the state; or (3) the holder
62.10of the easement fails to comply with the
62.11terms of the monitoring and enforcement
62.12plan contained within the work program and
62.13fails to cure that default within 90 days of
62.14notification of the default by the state.
62.16(a) Metropolitan Conservation Corridors
62.17(1) Of the amount appropriated in Laws
62.182003, chapter 128, article 1, section 9,
62.19subdivision 5, paragraph (b), up to $48,000 is
62.20for deposit in a monitoring and enforcement
62.21account as authorized in subdivision 19.
62.22(2) Of the amount appropriated in Laws
62.232005, First Special Session, chapter 1, article
62.242, section 11, subdivision 5, paragraph (b),
62.25up to $49,000 is for deposit in a monitoring
62.26and enforcement account as authorized in
62.27subdivision 19.
62.28(3) Of the amount appropriated in Laws
62.292007, chapter 30, section 2, subdivision 4,
62.30paragraph (c), up to $59,000 is for deposit
62.31in a monitoring and enforcement account as
62.32authorized in subdivision 19.
62.33(4) Of the amount appropriated in Laws
62.342008, chapter 367, section 2, subdivision 3,
63.1paragraph (a), up to $42,000 is for deposit
63.2in a monitoring and enforcement account as
63.3authorized in subdivision 19.
63.4(5) Of the amount appropriated in Laws
63.52009, chapter 143, section 2, subdivision 4,
63.6paragraph (f), up to $80,000 is for deposit
63.7in a monitoring and enforcement account as
63.8authorized in subdivision 19.
63.9(6) Of the amount appropriated in Laws
63.102010, chapter 362, section 2, subdivision 4,
63.11paragraph (g), up to $10,000 is for deposit
63.12in a monitoring and enforcement account as
63.13authorized in subdivision 19.
63.14(b) Habitat Conservation Partnership
63.15(1) Of the amount appropriated in Laws
63.162001, First Special Session chapter 2,
63.17section 14, subdivision 4, paragraph (e), up
63.18to $288,000 is for deposit in a monitoring
63.19and enforcement account as authorized in
63.20subdivision 19.
63.21(2) Of the amount appropriated in Laws
63.222003, chapter 128, article 1, section 9,
63.23subdivision 5, paragraph (a), up to $78,000 is
63.24for deposit in a monitoring and enforcement
63.25account as authorized in subdivision 19.
63.26(3) Of the amount appropriated in Laws 2005,
63.27First Special Session chapter 1, section 11,
63.28subdivision 5, paragraph (a), up to $55,000 is
63.29for deposit in a monitoring and enforcement
63.30account as authorized in subdivision 19.
63.31(4) Of the amount appropriated in Laws
63.322007, chapter 30, section 2, subdivision 4,
63.33paragraph (b), up to $123,000 is for deposit
64.1in a monitoring and enforcement account as
64.2authorized in subdivision 19.
64.3(5) Of the amount appropriated in Laws
64.42008, chapter 367, section 2, subdivision 3,
64.5paragraph (c), up to $120,000 is for deposit
64.6in a monitoring and enforcement account as
64.7authorized in subdivision 19.
64.8(6) Of the amount appropriated in Laws
64.92009, chapter 143, section 2, subdivision 4,
64.10paragraph (e), up to $60,000 is for deposit
64.11in a monitoring and enforcement account as
64.12authorized in subdivision 19.
64.13(7) Of the amount appropriated in Laws
64.142010, chapter 362, section 2, subdivision 4,
64.15paragraph (f), up to $30,000 is for deposit
64.16in a monitoring and enforcement account as
64.17authorized in subdivision 19.
64.18(c) Preserving the Avon Hills Landscape
64.19Of the amount appropriated in Laws 2008,
64.20chapter 367, section 2, subdivision 3,
64.21paragraph (d), up to $120,000 is for deposit
64.22in a monitoring and enforcement account as
64.23authorized in subdivision 19.
64.24(d) New Models for Land-Use Planning
64.25Of the amount appropriated in Laws 1997,
64.26chapter 216, section 15, subdivision 9,
64.27paragraph (d), up to $33,000 is for deposit
64.28in a monitoring and enforcement account as
64.29authorized in subdivision 19.
64.30(e) Conservation-Based Development
64.31Program
64.32Of the amount appropriated in Laws 1999,
64.33chapter 231, section 16, subdivision 8,
65.1paragraph (e), up to $5,000 is for deposit in
65.2a monitoring and enforcement account as
65.3authorized in subdivision 19.
65.6 Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
65.7STANDARDS FOR ACCESSIBILITY AND USABILITY.
65.8 Subdivision 1. Membership. (a) The Advisory Committee for Technology
65.9Standards for Accessibility and Usability consists of ten members, appointed as follows:
65.10(1) the state chief information officer, or the state chief information officer's designee;
65.11(2) a representative from State Services for the Blind, appointed by the commissioner
65.12of employment and economic development;
65.13(3) the commissioner of administration, or the commissioner's designee;
65.14(4) a representative selected by the Minnesota system of technology to achieve
65.15results program;
65.16(5) a representative selected by the Commission of Deaf, DeafBlind, and
65.17Hard-of-Hearing Minnesotans;
65.18(6) the commissioner of education, or the commissioner's designee;
65.19(7) the commissioner of health, or the commissioner's designee;
65.20(8) the commissioner of human services, or the commissioner's designee;
65.21(9) one representative from the Minnesota judicial system designated by the chief
65.22justice; and
65.23 (10) one staff member from the legislature, appointed by the chair of the Legislative
65.24Coordinating Commission.
65.25 (b) The appointing authorities under this subdivision must use their best efforts to
65.26ensure that the membership of the advisory committee includes at least one representative
65.27who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
65.28(c) The advisory committee shall elect a chair from its membership.
65.29 Subd. 2. Duties. (a) The advisory committee shall:
65.30(1) recommend review processes to be used for the evaluation or certification of
65.31accessibility of technology against accessibility standards;
65.32(2) recommend an exception process and thresholds for any deviation from the
65.33accessibility standards;
66.1(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
66.2resources for training and technical assistance for state agency staff, including instruction
66.3regarding compliance with accessibility standards;
66.4(4) convene customer groups composed of individuals with disabilities to assist in
66.5implementation of accessibility standards;
66.6(5) review customer comments about accessibility and usability issues collected by
66.7State Services for the Blind; and
66.8(6) develop proposals for funding captioning of live videoconferencing, live
66.9Webcasts, Web streaming, podcasts, and other emerging technologies.
66.10(b) The advisory committee shall report to the chairs and ranking minority members
66.11of the legislative committees with jurisdiction over state technology systems by January
66.1215 each year regarding the findings, progress, and recommendations made by the advisory
66.13committee under this subdivision. The report shall include any draft legislation necessary
66.14to implement the committee's recommendations.
66.15 Subd. 3. Terms, compensation, and removal. The terms, compensation, and
66.16removal of members are governed by section15.059 .
66.17 Subd. 4. Expiration. This section expires June 30, 2013.
66.18 Sec. 2. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
66.19to read:
66.20 Subd. 1a. Definitions. For the purpose of this section:
66.21(1) "biobutanol facility" means a facility at which biobutanol is produced; and
66.22(2) "biobutanol" means fermentation isobutyl alcohol that is derived from
66.23agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
66.24forest products; or other renewable resources, including residue and waste generated
66.25from the production, processing, and marketing of agricultural products, forest products,
66.26and other renewable resources.
66.27 Sec. 3. Minnesota Statutes 2010, section 65B.84, is amended to read:
66.2865B.84 AUTOMOBILE THEFT PREVENTION PROGRAM.
66.29 Subdivision 1. Program described; commissioner's duties; appropriation. (a)
66.30The commissioner ofcommerce public safety shall:
66.31(1) develop and sponsor the implementation of statewide plans, programs, and
66.32strategies to combat automobile theft, improve the administration of the automobile theft
66.33laws, and provide a forum for identification of critical problems for those persons dealing
66.34with automobile theft;
67.1(2) coordinate the development, adoption, and implementation of plans, programs,
67.2and strategies relating to interagency and intergovernmental cooperation with respect
67.3to automobile theft enforcement;
67.4(3) annually audit the plans and programs that have been funded in whole or in part
67.5to evaluate the effectiveness of the plans and programs and withdraw funding should the
67.6commissioner of public safety determine that a plan or program is ineffective or is no
67.7longer in need of further financial support from the fund;
67.8(4) develop a plan of operation including:
67.9(i) an assessment of the scope of the problem of automobile theft, including areas
67.10of the state where the problem is greatest;
67.11(ii) an analysis of various methods of combating the problem of automobile theft;
67.12(iii) a plan for providing financial support to combat automobile theft;
67.13(iv) a plan for eliminating car hijacking; and
67.14(v) an estimate of the funds required to implement the plan; and
67.15(5) distribute money, in consultation with the commissioner of public safety,
67.16pursuant to subdivision 3 from the automobile theft prevention special revenue account
67.17for automobile theft prevention activities, including:
67.18(i) paying the administrative costs of the program;
67.19(ii) providing financial support to the State Patrol and local law enforcement
67.20agencies for automobile theft enforcement teams;
67.21(iii) providing financial support to state or local law enforcement agencies for
67.22programs designed to reduce the incidence of automobile theft and for improved
67.23equipment and techniques for responding to automobile thefts;
67.24(iv) providing financial support to local prosecutors for programs designed to reduce
67.25the incidence of automobile theft;
67.26(v) providing financial support to judicial agencies for programs designed to reduce
67.27the incidence of automobile theft;
67.28(vi) providing financial support for neighborhood or community organizations or
67.29business organizations for programs designed to reduce the incidence of automobile
67.30theft and to educate people about the common methods of automobile theft, the models
67.31of automobiles most likely to be stolen, and the times and places automobile theft is
67.32most likely to occur; and
67.33(vii) providing financial support for automobile theft educational and training
67.34programs for state and local law enforcement officials, driver and vehicle services exam
67.35and inspections staff, and members of the judiciary.
68.1(b) The commissioner of public safety may not spend in any fiscal year more than
68.2ten percent of the money in the fund for the program's administrative and operating
68.3costs. The commissioner of public safety is annually appropriated and must distribute
68.4the amount of the proceeds credited to the automobile theft prevention special revenue
68.5account each year, less the transfer of $1,300,000 each year to the general fund described
68.6in section168A.40, subdivision 4 .
68.7 Subd. 2. Annual report. By January 15 of each year, the commissioner of public
68.8safety shall report to the governor and the chairs and ranking minority members of the
68.9house of representatives and senate committees having jurisdiction over the Departments
68.10of Commerce and Public Safety on the activities and expenditures in the preceding year.
68.11 Subd. 3. Grant criteria; application. (a) A county attorney's office, law
68.12enforcement agency, neighborhood organization, community organization, or business
68.13organization may apply for a grant under this section. Multiple offices or agencies within
68.14a county may apply for a grant under this section.
68.15(b) The commissioner, in consultation with the commissioner of public safety, must
68.16develop criteria for the fair distribution of grants from the automobile theft prevention
68.17account that address the following factors:
68.18(1) the number of reported automobile thefts per capita in a city, county, or region,
68.19not merely the total number of automobile thefts;
68.20(2) the population of the jurisdiction of the applicant office or agency;
68.21(3) the total funds distributed within a county or region; and
68.22(4) the statewide interest in automobile theft reduction.
68.23(c) The commissioner of public safety may give priority to:
68.24(1) offices and agencies engaged in a collaborative effort to reduce automobile
68.25theft; and
68.26(2) counties or regions with the greatest rates of automobile theft.
68.27(d) The minimum amount of a grant award is $5,000. After considering the
68.28automobile theft rate and total population of an applicant's jurisdiction, if a grant award,
68.29as determined under the criteria and priorities in this subdivision, would be less than
68.30$5,000, it must not be awarded.
68.31 Subd. 4. Advisory board; creation; membership. An Automobile Theft
68.32Prevention Advisory Board is established to advise the commissioner on the distribution
68.33of grants under this section. The board must consist of seven members appointed by the
68.34commissioner of public safety and must include representatives of law enforcement,
68.35prosecuting agencies, automobile insurers, and the public. The commissioner of public
68.36safety must annually select a chair from among its members.
69.1EFFECTIVE DATE.This section is effective June 30, 2013.
69.2 Sec. 4. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
69.3 Subdivision 1. Designated agency. The Department of Natural Resources
69.4is designated as the state agency to apply for, accept, receive, and disburse federal
69.5reimbursement funds and private funds that are granted to the state of Minnesota from
69.6section 6 of the federal Land and Water Conservation Fund Act.
69.7 Subd. 2. State land and water conservation account. A state land and water
69.8conservation account is created in the natural resources fund. All of the money made
69.9available to the state from funds granted under subdivision 1 shall be deposited in the
69.10state land and water conservation account.
69.11 Subd. 3. Local share. Fifty percent of all money made available to the state
69.12from funds granted under subdivision 1 shall be distributed for projects to be acquired,
69.13developed, and maintained by local units of government, provided that any project
69.14approved is consistent with a statewide or a county or regional recreational plan and
69.15compatible with the statewide recreational plan. All money received by the commissioner
69.16for local units of government is appropriated annually to carry out the purposes for which
69.17the funds are received.
69.18 Subd. 4. State share. Fifty percent of the money made available to the state from
69.19funds granted under subdivision 1 shall be used for state land acquisition and development
69.20for the state outdoor recreation system under chapter 86A and the administrative expenses
69.21necessary to maintain eligibility for the federal land and water conservation fund.
69.22 Sec. 5. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
69.23 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
69.24vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
69.25nonresident off-road vehicle state trail pass sticker issued according to this section.
69.26The pass must be viewable by a peace officer, a conservation officer, or an employee
69.27designated under section84.0835 .
69.28(b) The fee for an annual pass is $20. The pass is valid from January 1 through
69.29December 31. The fee for a three-year pass is $30. The commissioner of natural resources
69.30shall issue a pass upon application and payment of the fee. Fees collected under this
69.31section, except for the issuing fee for licensing agents, shall be deposited in the state
69.32treasury and credited to the off-road vehicle account in the natural resources fund and,
69.33except for the electronic licensing system commission established by the commissioner
69.34under section84.027 , subdivision 15, must be used for grants-in-aid to counties and
70.1municipalities for off-road vehicle organizations to construct and maintain off-road
70.2vehicle trails and use areas.
70.3 (c) A nonresident off-road vehicle state trail pass is not required for:
70.4 (1) an off-road vehicle that is owned and used by the United States, another state,
70.5or a political subdivision thereof that is exempt from registration under section84.798 ,
70.6subdivision 2;
70.7 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
70.8by the person or the person's spouse, child, or parent; or
70.9(3) a nonresident operating an off-road vehicle that is registered according to section
70.1084.798 .
70.11 Subd. 2. License agents. The commissioner shall appoint agents to issue and
70.12sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
70.13appointment of an agent at any time. The commissioner may adopt additional rules as
70.14provided in section97A.485, subdivision 11 . An agent shall observe all rules adopted
70.15by the commissioner for accounting and handling of passes pursuant to section97A.485,
70.16subdivision 11 . An agent shall promptly deposit and remit all money received from the
70.17sale of the passes, exclusive of the issuing fee, to the commissioner.
70.18 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
70.19nonresident off-road vehicle state trail passes. The commissioner shall also make the
70.20passes available through the electronic licensing system established under section84.027 ,
70.21subdivision 15.
70.22 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
70.23shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
70.24passes issued by the commissioner shall be deposited in the off-road vehicle account in the
70.25natural resources fund and retained for the operation of the electronic licensing system.
70.26 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
70.27pass to persons whose pass is lost or destroyed using the process established under section
70.2897A.405, subdivision 3 , and rules adopted thereunder. The fee for a duplicate nonresident
70.29off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
70.30 Sec. 6. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
70.31 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
70.32section86B.415, subdivision 7 , and civil penalties under section
84D.13 shall be deposited
70.33in the invasive species account. Each year, the commissioner of management and budget
70.34shall transfer from the game and fish fund to the invasive species account, the annual
70.35surcharge collected on nonresident fishing licenses under section97A.475, subdivision
71.17 , paragraph (b). In fiscal years 2010 and 2011 Each fiscal year, the commissioner of
71.2management and budget shall transfer$725,000 $750,000 from the water recreation
71.3account under section86B.706 to the invasive species account.
71.4 Sec. 7. Minnesota Statutes 2010, section 85.052, subdivision 4, is amended to read:
71.5 Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
71.6services within a state park, state recreation area, or wayside, and for special state park
71.7uses under this section shall be deposited in the natural resources fund and credited to a
71.8state parks account.
71.9(b) Gross receipts derived from sales, rentals, or leases of natural resources within
71.10state parks, recreation areas, and waysides, other than those on trust fund lands, must be
71.11deposited in the state treasury and credited to the state parks working capital account.
71.12The appropriation under section
85.22 for revenue deposited in this section is limited to
71.13$25,000 per fiscal year.
71.14(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
71.15materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
71.16Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
71.17from which the purchase of the stockpile material was made.
71.18 Sec. 8. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
71.19CERTIFICATION.
71.20(a) After each fiscal year, the commissioner shall certify the total costs incurred for
71.21forest management, forest improvement, and road improvement on state-managed lands
71.22during that year. The commissioner shall distribute forest management receipts credited to
71.23various accounts according to this section.
71.24(b) The amount of the certified costs incurred for forest management activities
71.25on state lands shall be transferred from the account where receipts are deposited to the
71.26forest management investment account in the natural resources fund, except for those
71.27costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
71.28credited to the account.
71.29EFFECTIVE DATE.This section is effective the day following final enactment.
71.30 Sec. 9. Minnesota Statutes 2010, section 89.039, subdivision 1, is amended to read:
71.31 Subdivision 1. Account established; sources. The forest management investment
71.32account is created in the natural resources fund in the state treasury and money in the
72.1account may be spent only for the purposes provided in subdivision 2. The following
72.2revenue shall be deposited in the forest management investment account:
72.3(1) timber sales receipts transferred from the consolidated conservation areas
72.4account as provided in section84A.51, subdivision 2 ;
72.5(2) timber sales receipts from forest lands as provided in section89.035 ;
72.6(3) money transferred from the forest suspense account according to section
72.716A.125, subdivision 5
; and
72.8(4) interest accruing from investment of the account.; and
72.9(5) money transferred from other accounts according to section 89.0385.
72.10 Sec. 10. Minnesota Statutes 2010, section 89.21, is amended to read:
72.1189.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
72.12(a) The commissioner is authorized to establish and develop state forest
72.13campgrounds and may establish minimum standards not inconsistent with the laws of the
72.14state for the care and use of such campgrounds and charge fees for such uses as specified
72.15by the commissioner of natural resources.
72.16(b) Notwithstanding section16A.1283 , the commissioner shall, by written order,
72.17establish fees providing for the use of state forest campgrounds. The fees are not subject
72.18to the rulemaking provisions of chapter 14 and section14.386 does not apply.
72.19(c) All fees shall be deposited inthe general fund an account in the natural resources
72.20fund and are appropriated annually to the commissioner.
72.21 Sec. 11. Minnesota Statutes 2010, section 89.35, subdivision 2, is amended to read:
72.22 Subd. 2. Purpose of planting. The purposes for which trees may be produced,
72.23procured, distributed, and planted under sections89.35 to
89.39 shall include auxiliary
72.24forests, woodlots, windbreaks, shelterbelts, erosion control, soil conservation, water
72.25conservation, provision of permanent food and cover for wild life, environmental
72.26education, and afforestation and reforestation onpublic or private state lands of any
72.27kind, but shall not include the raising of fruit for human consumption or planting for
72.28purely ornamental purposes. It is hereby declared that all such authorized purposes are in
72.29furtherance of the public health, safety, and welfare.
72.30 Sec. 12. Minnesota Statutes 2010, section 89.36, subdivision 1, is amended to read:
72.31 Subdivision 1. Production at state nurseries. The commissioner of natural
72.32resources may produce tree planting stock for the purposes of sections89.35 to
89.39
72.33upon any lands under control of the commissioner which may be deemed suitable and
73.1availabletherefor so far as not inconsistent consistent with other uses to which such the
73.2lands may be dedicated by law. The commissioner may not produce more than10,000,000
73.38,000,000 units of planting stock annually, afterJanuary 1, 2003 June 30, 2011. The
73.4commissioner shall limit deciduous tree stock production to no more than two percent of
73.5total annual production.
73.6 Sec. 13. Minnesota Statutes 2010, section 89.37, subdivision 1, is amended to read:
73.7 Subdivision 1.Planting conditions State lands. The commissioner of natural
73.8resources may supply planting stock produced or procuredhereunder for use on any
73.9public or private state lands within the state for the purposes herein authorized under such
73.10conditions as sections 89.35 to 89.39. The commissioner may prescribe for planting, care,
73.11and maintenance in furtherance ofsuch the purposes specified. The commissioner may
73.12sell excess tree planting stock to licensed, private nurseries.
73.13 Sec. 14. Minnesota Statutes 2010, section 89.37, subdivision 3b, is amended to read:
73.14 Subd. 3b. Sales to nurseries. To promote the availability and use of native plant
73.15material, the commissioner may sell native tree seed to licensed, private Minnesota
73.16nurseries when supplies of seed from geographically adapted sources are not available
73.17from private Minnesota seed dealers.The commissioner may also sell native trees and
73.18shrubs in lots of ten or more to nonprofit groups and local units of government.
73.19 Sec. 15. Minnesota Statutes 2010, section 93.481, subdivision 7, is amended to read:
73.20 Subd. 7. Mining administration account. The mining administration account is
73.21established as an account in the natural resources fund. Fees charged to owners, operators,
73.22or managers of mines under this section and section93.482 shall be credited to the account
73.23andmay be are appropriated to the commissioner to cover the costs of providing and
73.24monitoring permits to mine. Earnings accruing from investment of the account remain
73.25with the account until appropriated.
73.26 Sec. 16. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
73.27 Subdivision 1. Account established; sources. The peace officer training account is
73.28created in the game and fish fund in the state treasury. Revenue from the portion of the
73.29surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
73.30clause (1), shall be deposited in the account. Money in the account may be spent only
73.31for the purposes provided in subdivision 2.
74.1 Subd. 2. Purposes of account. Money in the peace officer training account
74.2may only be spent by the commissioner for peace officer training for employees of the
74.3Department of Natural Resources who are licensed under sections 626.84 to 626.863
74.4to enforce game and fish laws.
74.5EFFECTIVE DATE.This section is effective the day following final enactment.
74.6 Sec. 17. Minnesota Statutes 2010, section 97A.055, is amended by adding a
74.7subdivision to read:
74.8 Subd. 2b. Certified costs. Money for the certified costs under section 89.0385
74.9is transferred annually for reimbursement of certified costs on state lands acquired by
74.10purchase or gift for game and fish purposes.
74.11 Sec. 18. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
74.12 Subd. 2. Revenue from small game license surcharge and lifetime licenses.
74.13Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
74.14wildlife trust fund, established in section97A.4742 , for each license issued under sections
74.1597A.473, subdivisions 3 and 5
, and
97A.474, subdivision 3 , shall be credited to the
74.16wildlife acquisition account and is appropriated to the commissioner. The money in the
74.17account shall be used by the commissioner only for the purposes of this section, and
74.18acquisition and development of wildlife lands under section97A.145 and maintenance of
74.19the lands, in accordance with appropriations made by the legislature.
74.20 Sec. 19. Minnesota Statutes 2010, section 97A.075, is amended to read:
74.2197A.075 USE OF LICENSE REVENUES.
74.22 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
74.23subdivision, "deer license" means a license issued under section97A.475, subdivisions
74.242, clauses (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and
74.25(12),and licenses issued under section97B.301, subdivision 4 .
74.26 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
74.27wildlife trust fund, established in section97A.4742 , for each license issued under
74.28section97A.473, subdivision 4 , shall be credited to the deer management account and
74.29shall be used is appropriated to the commissioner for deer habitat improvement or deer
74.30management programs.
74.31 (c) $1 from each annual deer license and each bear license and $1 annually from
74.32the lifetime fish and wildlife trust fund, established in section97A.4742 , for each license
75.1issued under section97A.473, subdivision 4 , shall be credited to the deer and bear
75.2management account andshall be used is appropriated to the commissioner for deer and
75.3bear management programs, including a computerized licensing system.
75.4 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
75.5wild cervidae health management account and is appropriated for emergency deer feeding
75.6and wild cervidae health management. Money appropriated for emergency deer feeding
75.7and wild cervidae health management is available until expended. The commissioner must
75.8inform the legislative chairs of the natural resources finance committees every two years
75.9on how the money for emergency deer feeding and wild cervidae health management
75.10has been spent.
75.11 When the unencumbered balance in the appropriation for emergency deer feeding
75.12and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
75.13unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
75.14management programs and computerized licensing.
75.15 Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
75.16from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
75.17improvement account. Money in the account may be used and is appropriated to the
75.18commissioner only for:
75.19(1) development of wetlands and lakes in the state and designated waterfowl
75.20management lakes for maximum migratory waterfowl production including habitat
75.21evaluation, the construction of dikes, water control structures and impoundments, nest
75.22cover, rough fish barriers, acquisition of sites and facilities necessary for development
75.23and management of existing migratory waterfowl habitat and the designation of waters
75.24under section97A.101 ;
75.25(2) management of migratory waterfowl;
75.26(3) development, restoration, maintenance, or preservation of migratory waterfowl
75.27habitat;
75.28(4) acquisition of and access to structure sites; and
75.29(5) the promotion of waterfowl habitat development and maintenance, including
75.30promotion and evaluation of government farm program benefits for waterfowl habitat.
75.31(b) Money in the account may not be used for costs unless they are directly related to
75.32a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
75.33to specific management activities under paragraph (a), clause (2).
75.34 Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
75.35and salmon stamps must be credited to the trout and salmon management account. Money
75.36in the account may be used and is appropriated to the commissioner only for:
76.1(1) the development, restoration, maintenance, improvement, protection, and
76.2preservation of habitat for trout and salmon in trout streams and lakes, including, but
76.3not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
76.4modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
76.5stream banks; and purchasing equipment to accomplish these tasks;
76.6(2) rearing trout and salmon, including utility and service costs associated with
76.7coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
76.8and Lake Superior; and monitoring and evaluating stocked trout and salmon;
76.9(3) acquisition of easements and fee title along trout waters;
76.10(4) identifying easement and fee title areas along trout waters; and
76.11(5) research and special management projects on trout streams, trout lakes, and
76.12Lake Superior and portions of its tributaries.
76.13(b) Money in the account may not be used for costs unless they are directly related
76.14to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
76.15activities under paragraph (a), clause (2), or for costs associated with supplies and
76.16equipment to implement trout and salmon management activities under paragraph (a).
76.17 Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
76.18must be credited to the pheasant habitat improvement account. Money in the account may
76.19be used and is appropriated to the commissioner only for:
76.20 (1) the development, restoration, and maintenance of suitable habitat for ringnecked
76.21pheasants on public and private land including the establishment of nesting cover, winter
76.22cover, and reliable food sources;
76.23 (2) reimbursement of landowners for setting aside lands for pheasant habitat;
76.24 (3) reimbursement of expenditures to provide pheasant habitat on public and private
76.25land;
76.26 (4) the promotion of pheasant habitat development and maintenance, including
76.27promotion and evaluation of government farm program benefits for pheasant habitat; and
76.28 (5) the acquisition of lands suitable for pheasant habitat management and public
76.29hunting.
76.30 (b) Money in the account may not be used for:
76.31 (1) costs unless they are directly related to a specific parcel of land under paragraph
76.32(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
76.33paragraph (a), clause (4); or
76.34 (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
76.35to provide technical and promotional assistance for private landowners to implement
76.36conservation provisions of state and federal programs.
77.1 Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
77.2licenses under section97A.475, subdivision 2 , clause (4), and subdivision 3, clause (7),
77.3must be credited to the wild turkey management account. Money in the account may be
77.4used and is appropriated to the commissioner only for:
77.5 (1) the development, restoration, and maintenance of suitable habitat for wild
77.6turkeys on public and private land including forest stand improvement and establishment
77.7of nesting cover, winter roost area, and reliable food sources;
77.8 (2) acquisitions of, or easements on, critical wild turkey habitat;
77.9 (3) reimbursement of expenditures to provide wild turkey habitat on public and
77.10private land;
77.11 (4) trapping and transplantation of wild turkeys; and
77.12 (5) the promotion of turkey habitat development and maintenance, population
77.13surveys and monitoring, and research.
77.14 (b) Money in the account may not be used for:
77.15 (1) costs unless they are directly related to a specific parcel of land under paragraph
77.16(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
77.17or to specific promotional or evaluative activities under paragraph (a), clause (5); or
77.18 (2) any permanent personnel costs.
77.19 Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
77.20walleye stamp account. Money in the account must be used and is appropriated to the
77.21commissioner only for stocking walleye in waters of the state and related activities.
77.22 (b) Money in the account may not be used for costs unless they are directly related to
77.23a specific body of water under paragraph (a), or for costs associated with supplies and
77.24equipment to implement walleye stocking activities under paragraph (a).
77.25 Sec. 20. [103G.27] WATER MANAGEMENT ACCOUNT.
77.26 Subdivision 1. Account established; sources. The water management account
77.27is created in the natural resources fund in the state treasury. Revenues collected from
77.28permit application fees, water use fees, field inspection fees, penalties, and other receipts
77.29according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest
77.30earned on money in the account accrues to the account.
77.31 Subd. 2. Purposes of account. Money in the water management account may be
77.32spent only for the costs associated with administering this chapter.
77.33 Sec. 21. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
78.1 Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
78.2(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
78.3accordance with the schedule of fees in this subdivision for each water use permit in force
78.4at any time during the year. Fees collected under this paragraph are credited to the water
78.5management account in the natural resources fund. The schedule is as follows, with the
78.6stated fee in each clause applied to the total amount appropriated:
78.7 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
78.8 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
78.9than 100,000,000 gallons per year;
78.10 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
78.11than 150,000,000 gallons per year;
78.12 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
78.13less than 200,000,000 gallons per year;
78.14 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
78.15than 250,000,000 gallons per year;
78.16 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
78.17less than 300,000,000 gallons per year;
78.18 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
78.19than 350,000,000 gallons per year;
78.20 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
78.21less than 400,000,000 gallons per year;
78.22 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
78.23than 450,000,000 gallons per year;
78.24 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
78.25less than 500,000,000 gallons per year; and
78.26 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
78.27 (b) For once-through cooling systems, a water use processing fee must be prescribed
78.28by the commissioner in accordance with the following schedule of fees for each water use
78.29permit in force at any time during the year:
78.30 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
78.31 (2) for all other users, $420 per 1,000,000 gallons.
78.32 (c) The fee is payable based on the amount of water appropriated during the year
78.33and, except as provided in paragraph (f), the minimum fee is $100.
78.34 (d) For water use processing fees other than once-through cooling systems:
78.35 (1) the fee for a city of the first class may not exceed $250,000 per year;
78.36 (2) the fee for other entities for any permitted use may not exceed:
79.1 (i) $60,000 per year for an entity holding three or fewer permits;
79.2 (ii) $90,000 per year for an entity holding four or five permits; or
79.3 (iii) $300,000 per year for an entity holding more than five permits;
79.4 (3) the fee for agricultural irrigation may not exceed $750 per year;
79.5 (4) the fee for a municipality that furnishes electric service and cogenerates steam
79.6for home heating may not exceed $10,000 for its permit for water use related to the
79.7cogeneration of electricity and steam; and
79.8 (5) no fee is required for a project involving the appropriation of surface water to
79.9prevent flood damage or to remove flood waters during a period of flooding, as determined
79.10by the commissioner.
79.11 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
79.12percent per month calculated from the original due date must be imposed on the unpaid
79.13balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
79.14may not be imposed on an agency, as defined in section16B.01, subdivision 2 , or federal
79.15governmental agency holding a water appropriation permit.
79.16 (f) The minimum water use processing fee for a permit issued for irrigation of
79.17agricultural land is $20 for years in which:
79.18 (1) there is no appropriation of water under the permit; or
79.19 (2) the permit is suspended for more than seven consecutive days between May 1
79.20and October 1.
79.21 (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
79.22paragraph (a) shall be applied to the volume of water used in each of the months of June,
79.23July, and August that exceeds the volume of water used in January for municipal water
79.24use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
79.25with more than one permit shall be determined based on the total appropriations from all
79.26permits that supply a common distribution system.
79.27 Sec. 22. Minnesota Statutes 2010, section 103G.301, is amended by adding a
79.28subdivision to read:
79.29 Subd. 8. Deposit of fees. Fees collected under this section must be credited to the
79.30water management account in the natural resources fund.
79.31 Sec. 23. Minnesota Statutes 2010, section 103G.615, subdivision 2, is amended to read:
79.32 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
79.33control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
79.34section16A.1283 does not apply, but the rule must not take effect until 45 legislative
80.1days after it has been reported to the legislature. The fees shall not exceed $2,500 per
80.2permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
80.3the permit, and additional costs incurred after the application to inspect and monitor
80.4the activities authorized by the permit, and enforce aquatic plant management rules and
80.5permit requirements.
80.6 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
80.7parcel of shoreline owned by an owner may be charged. This fee may not be charged for
80.8permits issued in connection with purple loosestrife control or lakewide Eurasian water
80.9milfoil control programs.
80.10 (c) A fee may not be charged to the state or a federal governmental agency applying
80.11for a permit.
80.12 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
80.13water basin that is 20 acres or less in size shall be one-half of the fee established under
80.14paragraph (a).
80.15(e) The money received for the permits under this subdivision shall be deposited in
80.16the treasury and credited to the water recreation account.
80.17 Sec. 24. Minnesota Statutes 2010, section 115.073, is amended to read:
80.18115.073 ENFORCEMENT FUNDING.
80.19Except as provided in section115C.05 , all one-half of the money recovered by the
80.20state under this chapter and chapters 115A and 116, including civil penalties and money
80.21paid under an agreement, stipulation, or settlement, excluding money paid for past due
80.22fees or taxes, must be deposited in the state treasury and credited to the environmental
80.23fund. The remaining amount collected shall be deposited in the general fund.
80.24 Sec. 25. Minnesota Statutes 2010, section 115A.1314, is amended to read:
80.25115A.1314 MANUFACTURER'S REGISTRATION FEE; CREATION OF
80.26ACCOUNT.
80.27 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
80.28115A.1312
must, by September 1, 2007, and each year thereafter, pay to the commissioner
80.29of revenue an annual registration fee. The commissioner of revenue must deposit the
80.30fee in theaccount established in subdivision 2 state treasury and credit the fee to the
80.31environmental fund.
80.32 (b)The registration fee for the initial program year during which a manufacturer's
80.33video display devices are sold to households is $5,000. Each year thereafter, The
81.1registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
81.2according to the formula:
81.3 ((A x B) - (C + D)) x E, where:
81.4 (1) A = the number of pounds of a manufacturer's video display devices sold to
81.5households during the previous program year, as reported to the department under section
81.6115A.1316, subdivision 1
;
81.7 (2) B = the proportion of sales of video display devices required to be recycled, set at
81.80.6 for the first program year and 0.8 for the second program year and every year thereafter;
81.9 (3) C = the number of pounds of covered electronic devices recycled by a
81.10manufacturer from households during the previous program year, as reported to the
81.11department under section115A.1316, subdivision 1 ;
81.12 (4) D = the number of recycling credits a manufacturer elects to use to calculate the
81.13variable recycling fee, as reported to the department under section115A.1316, subdivision
81.141; and
81.15 (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
81.16manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
81.17for manufacturers who recycle at least 50 percent but less than 90 percent of the product
81.18(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
81.19than 100 percent of the product (A x B).
81.20 (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
81.21pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
81.22may retain recycling credits to be added, in whole or in part, to the actual value of C, as
81.23reported under section115A.1316, subdivision 2 , during any succeeding program year,
81.24provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
81.25program year may be met with recycling credits generated in a prior program year. A
81.26manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
81.27a price negotiated by the parties, who may use the credits in the same manner.
81.28 (d) For the purpose of calculating a manufacturer's variable recycling fee under
81.29paragraph (b), the weight of covered electronic devices collected from households located
81.30outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
81.31calculated at1.5 times their actual weight.
81.32 (e) The registration fee for the initial program year and the base registration fee
81.33thereafter for a manufacturer who produces fewer than 100 video display devices for sale
81.34annually to households is $1,250.
81.35 Subd. 2.Creation of account; appropriations Use of registration fees. (a) The
81.36electronic waste account is established in the environmental fund. The commissioner of
82.1revenue must deposit receipts from the fee established in subdivision 1 in the account.
82.2Any interest earned on the account must be credited to the account. Money from other
82.3sources may be credited to the account. Beginning in the second program year and
82.4continuing each program year thereafter, as of the last day of each program year, the
82.5commissioner shall determine the total amount of the variable fees that were collected. To
82.6the extent that the total fees collected by the commissioner in connection with this section
82.7exceed the amount the commissioner determines necessary to operate the program for the
82.8new program year, the commissioner shall refund on a pro rata basis, to all manufacturers
82.9who paid any fees for the previous program year, the amount of fees collected by the
82.10commissioner in excess of the amount necessary to operate the program for the new
82.11program year. No individual refund is required of amounts of $100 or less for a fiscal
82.12year. Manufacturers who report collections less than 50 percent of their obligation for
82.13the previous program year are not eligible for a refund.
82.14(b) Until June 30, 2011, money in the account is annually appropriated to the
82.15Pollution Control Agency: (a) Registration fees may be used by the commissioner for:
82.16 (1)for the purpose of implementing sections
115A.1312 to
115A.1330 , including
82.17transfer to the commissioner of revenue to carry out the department's duties under
82.18section115A.1320, subdivision 2 , and transfer to the commissioner of administration for
82.19responsibilities under section115A.1324 ; and
82.20 (2)to the commissioner of the Pollution Control Agency to be distributed on
82.21a competitive basis through contracts with grants to counties outside the 11-county
82.22metropolitan area, as defined in paragraph(c) (b), and with to private entities that collect
82.23for recycling covered electronic devices in counties outside the 11-county metropolitan
82.24area, where the collection and recycling is consistent with the respective county's solid
82.25waste plan, for the purpose of carrying out the activities under sections115A.1312 to
82.26115A.1330
. In awarding competitive grants under this clause, the commissioner must
82.27give preference to counties and private entities that are working cooperatively with
82.28manufacturers to help them meet their recycling obligations under section115A.1318,
82.29subdivision 1 .
82.30(c) (b) The 11-county metropolitan area consists of the counties of Anoka, Carver,
82.31Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
82.32 Sec. 26. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
82.33read:
82.34 Subdivision 1. Duties of the agency. (a) The agency shall administer sections
82.35115A.1310
to
115A.1330 .
83.1 (b) The agency shall establish procedures for:
83.2 (1) receipt and maintenance of the registration statements and certifications filed
83.3with the agency under section115A.1312 ; and
83.4 (2) making the statements and certifications easily available to manufacturers,
83.5retailers, and members of the public.
83.6 (c) The agency shall annually review the value of the following variables that are
83.7part of the formula used to calculate a manufacturer's annual registration fee under section
83.8115A.1314, subdivision 1
:
83.9 (1) the proportion of sales of video display devices sold to households that
83.10manufacturers are required to recycle;
83.11 (2) the estimated per-pound price of recycling covered electronic devices sold to
83.12households;
83.13 (3) the base registration fee; and
83.14 (4) the multiplier established for the weight of covered electronic devices collected
83.15in section115A.1314, subdivision 1 , paragraph (d). If the agency determines that any of
83.16these values must be changed in order to improve the efficiency or effectiveness of the
83.17activities regulated under sections115A.1312 to
115A.1330 or if the revenues in the
83.18account exceed the amount that the agency determines is necessary, the agency shall
83.19submit recommended changes and the reasons for them to the chairs of the senate and
83.20house of representatives committees with jurisdiction over solid waste policy.
83.21 (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
83.22sales of video display devices sold to households by each manufacturer during the
83.23preceding program year, based on national sales data, and forward the estimates to the
83.24department.
83.25(e) The agency shall manage the account established in section
115A.1314,
83.26subdivision 2. If the revenues in the account exceed the amount that the agency determines
83.27is necessary for efficient and effective administration of the program, including any
83.28amount for contingencies, the agency must recommend to the legislature that the base
83.29registration fee, the proportion of sales of video display devices required to be recycled,
83.30or the estimated per pound cost of recycling established under section
115A.1314,
83.31subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce
83.32revenues collected in the subsequent program year by the estimated amount of the excess.
83.33(f) (e) On or before December 1, 2010, and each year thereafter, the agency shall
83.34provide a report to the governor and the legislature on the implementation of sections
83.35115A.1310
to
115A.1330 . For each program year, the report must discuss the total weight
83.36of covered electronic devices recycled and a summary of information in the reports
84.1submitted by manufacturers and recyclers under section115A.1316 . The report must
84.2also discuss the various collection programs used by manufacturers to collect covered
84.3electronic devices; information regarding covered electronic devices that are being
84.4collected by persons other than registered manufacturers, collectors, and recyclers; and
84.5information about covered electronic devices, if any, being disposed of in landfills in
84.6this state. The report must include a description of enforcement actions under sections
84.7115A.1310
to
115A.1330 . The agency may include in its report other information received
84.8by the agency regarding the implementation of sections115A.1312 to
115A.1330 .
84.9(g) (f) The agency shall promote public participation in the activities regulated under
84.10sections115A.1312 to
115A.1330 through public education and outreach efforts.
84.11(h) (g) The agency shall enforce sections
115A.1310 to
115A.1330 in the manner
84.12provided by sections115.071, subdivisions 1 , 3, 4, 5, and 6; and
116.072 , except for those
84.13provisions enforced by the department, as provided in subdivision 2. The agency may
84.14revoke a registration of a collector or recycler found to have violated sections115A.1310
84.15to115A.1330 .
84.16(i) (h) The agency shall facilitate communication between counties, collection and
84.17recycling centers, and manufacturers to ensure that manufacturers are aware of video
84.18display devices available for recycling.
84.19(j) (i) The agency shall develop a form retailers must use to report information to
84.20manufacturers under section115A.1318 and post it on the agency's Web site.
84.21(k) (j) The agency shall post on its Web site the contact information provided by
84.22each manufacturer under section115A.1318 , paragraph (e).
84.23 Sec. 27. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
84.24 Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
84.25(a) Reimbursement may not be made under this chapter for costs associated with a release:
84.26(1) from a tank located at a petroleum refinery; or
84.27(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
84.28gallons of total petroleum storage capacity at the tank facility.
84.29(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
84.30with a release from a tank facility:
84.31(1) owned or operated by a person engaged in the business of mining iron ore or
84.32taconite;
84.33(2) owned by a political subdivision, a housing and redevelopment authority, an
84.34economic development authority, or a port authority that acquired the tank facility prior
84.35to May 23, 1989;or
85.1(3) owned by a person:
85.2(i) who acquired the tank facility prior to May 23, 1989;
85.3(ii) who did not use the tank facility for the bulk storage of petroleum; and
85.4(iii) who is not affiliated with the party who used the tank facility for the bulk
85.5storage of petroleum.; or
85.6(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
85.7engaged in the business of storing used oil primarily for sales to end users.
85.8 Sec. 28. Minnesota Statutes 2010, section 115C.13, is amended to read:
85.9115C.13 REPEALER.
85.10Sections115C.01 ,
115C.02 ,
115C.021 ,
115C.03 ,
115C.04 ,
115C.045 ,
115C.05 ,
85.11115C.06
,
115C.065 ,
115C.07 ,
115C.08 ,
115C.09 ,
115C.093 ,
115C.094 ,
115C.10 ,
115C.11 ,
85.12115C.111
,
115C.112 ,
115C.113 ,
115C.12 , and
115C.13 , are repealed effective June 30,
85.132012 2017.
85.14 Sec. 29. Minnesota Statutes 2010, section 116.06, is amended by adding a subdivision
85.15to read:
85.16 Subd. 5a. Capacity. "Capacity" means the maximum number of animal units
85.17actually confined or proposed to be confined at an animal feedlot.
85.18 Sec. 30. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
85.19 Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue
85.20national pollutant discharge elimination system permits for feedlotswith 1,000 animal
85.21units or more and that meet the definition of a "concentrated animal feeding operation" in
85.22Code of Federal Regulations, title 40, section
122.23, only as required by federal law. The
85.23issuance of national pollutant discharge elimination system permits for feedlots must be
85.24based on the following:
85.25(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
85.26priority by the commissioner, using criteriaestablished under paragraph (d) in effect on
85.27January 1, 2010, must be issued as an individual permit;
85.28(2)after January 1, 2001, an existing feedlot that is identified as a priority by the
85.29commissioner, using criteriaestablished under paragraph (e) in effect on January 1, 2010,
85.30must be issued as an individual permit; and
85.31(3) the agency must issue a general national pollutant discharge elimination system
85.32permit, if required, for animal feedlots that are not identified under clause (1) or (2).
86.1(b) Prior to the issuance of a general national pollutant discharge elimination system
86.2permit for a category of animal feedlot facility permittees, the agency must hold at least
86.3one public hearing on the permit issuance.
86.4(c) To the extent practicable, the agency must include a public notice and comment
86.5period for an individual national pollutant discharge elimination system permit concurrent
86.6with any public notice and comment for:
86.7(1) the purpose of environmental review of the same facility under chapter 116D; or
86.8(2) the purpose of obtaining a conditional use permit from a local unit of government
86.9where the local government unit is the responsible governmental unit for purposes of
86.10environmental review under chapter 116D.
86.11(d)The commissioner, in consultation with the Feedlot and Manure Management
86.12Advisory Committee, created under section
17.136, and other interested parties must
86.13develop criteria for determining whether an individual national pollutant discharge
86.14elimination system permit is required under paragraph (a), clause (1). The criteria must
86.15be based on proximity to waters of the state, facility design, and other site-specific
86.16environmental factors.
86.17(e) The commissioner, in consultation with the Feedlot and Manure Management
86.18Advisory Committee, created under section
17.136, and other interested parties must
86.19develop criteria for determining whether an individual national pollutant discharge
86.20elimination system permit is required for an existing animal feedlot, under paragraph
86.21(a), clause (2). The criteria must be based on violations and other compliance problems
86.22at the facility.
86.23(f) The commissioner, in consultation with the Feedlot and Manure Management
86.24Advisory Committee, created under section
17.136, and other interested parties must
86.25develop criteria for determining when an individual national pollutant discharge
86.26elimination system permit is transferred from individual to general permit status.
86.27(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the
86.28commissioner may issue an individual national pollutant discharge elimination system
86.29permit for an animal feedlot. After the general permit is issued and the criteria under
86.30paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph
86.31that do not fit the criteria for an individual permit under the applicable provisions of
86.32paragraph (d) or (e) must be transferred to general permit status.
86.33(h) The commissioner, in consultation with the Feedlot and Manure Management
86.34Advisory Committee, created under section
17.136, and other interested parties must
86.35develop criteria for determining which feedlots are required to apply for and obtain a
86.36national pollutant discharge elimination system permit and which feedlots are required
87.1to apply for and obtain a state disposal system permit based upon the actual or potential
87.2to discharge A feedlot owner may choose to apply for a national pollutant discharge
87.3elimination system permit even if the feedlot is not required by federal law to have a
87.4national pollutant discharge elimination system permit.
87.5 Sec. 31. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
87.6Laws 2011, chapter 4, section 6, is amended to read:
87.7 Subd. 2a. When prepared. Where there is potential for significant environmental
87.8effects resulting from any major governmental action, the action shall be preceded by a
87.9detailed environmental impact statement prepared by the responsible governmental unit.
87.10The environmental impact statement shall be an analytical rather than an encyclopedic
87.11document which describes the proposed action in detail, analyzes its significant
87.12environmental impacts, discusses appropriate alternatives to the proposed action and
87.13their impacts, and explores methods by which adverse environmental impacts of an
87.14action could be mitigated. The environmental impact statement shall also analyze those
87.15economic, employment and sociological effects that cannot be avoided should the action
87.16be implemented. To ensure its use in the decision-making process, the environmental
87.17impact statement shall be prepared as early as practical in the formulation of an action.
87.18No mandatory environmental impact statement may be required for an ethanol plant,
87.19as defined in section41A.09, subdivision 2a , paragraph (b), that produces less than
87.20125,000,000 gallons of ethanol annually and is located outside of the seven-county
87.21metropolitan area.
87.22 (a) The board shall by rule establish categories of actions for which environmental
87.23impact statements and for which environmental assessment worksheets shall be prepared
87.24as well as categories of actions for which no environmental review is required under this
87.25section. A mandatory environmental assessment worksheet shall not be required for the
87.26expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
87.27(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
87.28biobutanol facility, as defined in section 41A.105, subdivision 1a, based on the capacity
87.29of the expanded or converted facility to produce alcohol fuel, but must be required if
87.30the ethanol plant meets or exceeds thresholds of other categories of actions for which
87.31environmental assessment worksheets must be prepared. The responsible governmental
87.32unit for an ethanol plant project for which an environmental assessment worksheet is
87.33prepared shall be the state agency with the greatest responsibility for supervising or
87.34approving the project as a whole.
88.1 (b) The responsible governmental unit shall promptly publish notice of the
88.2completion of an environmental assessment worksheet in a manner to be determined by
88.3the board and shall provide copies of the environmental assessment worksheet to the board
88.4and its member agencies. Comments on the need for an environmental impact statement
88.5may be submitted to the responsible governmental unit during a 30-day period following
88.6publication of the notice that an environmental assessment worksheet has been completed.
88.7The responsible governmental unit's decision on the need for an environmental impact
88.8statement shall be based on the environmental assessment worksheet and the comments
88.9received during the comment period, and shall be made within 15 days after the close of
88.10the comment period. The board's chair may extend the 15-day period by not more than 15
88.11additional days upon the request of the responsible governmental unit.
88.12 (c) An environmental assessment worksheet shall also be prepared for a proposed
88.13action whenever material evidence accompanying a petition by not less than25 100
88.14individuals who reside or own property in the county or an adjoining county where the
88.15proposed action will be located, submitted before the proposed project has received final
88.16approval by the appropriate governmental units, demonstrates that, because of the nature
88.17or location of a proposed action, there may be potential for significant environmental
88.18effects. Petitions requesting the preparation of an environmental assessment worksheet
88.19shall be submitted to the board. The chair of the board shall determine the appropriate
88.20responsible governmental unit and forward the petition to it. A decision on the need for
88.21an environmental assessment worksheet shall be made by the responsible governmental
88.22unit within 15 days after the petition is received by the responsible governmental unit.
88.23The board's chair may extend the 15-day period by not more than 15 additional days upon
88.24request of the responsible governmental unit.
88.25 (d) Except in an environmentally sensitive location where Minnesota Rules, part
88.264410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
88.27review under this chapter and rules of the board, if:
88.28 (1) the proposed action is:
88.29 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
88.30 (ii) an expansion of an existing animal feedlot facility with a total cumulative
88.31capacity of less than 1,000 animal units;
88.32 (2) the application for the animal feedlot facility includes a written commitment by
88.33the proposer to design, construct, and operate the facility in full compliance with Pollution
88.34Control Agency feedlot rules; and
88.35 (3) the county board holds a public meeting for citizen input at least ten business
88.36days prior to the Pollution Control Agency or county issuing a feedlot permit for the
89.1animal feedlot facility unless another public meeting for citizen input has been held with
89.2regard to the feedlot facility to be permitted. The exemption in this paragraph is in
89.3addition to other exemptions provided under other law and rules of the board.
89.4 (e) The board may, prior to final approval of a proposed project, require preparation
89.5of an environmental assessment worksheet by a responsible governmental unit selected
89.6by the board for any action where environmental review under this section has not been
89.7specifically provided for by rule or otherwise initiated.
89.8 (f) An early and open process shall be utilized to limit the scope of the environmental
89.9impact statement to a discussion of those impacts, which, because of the nature or location
89.10of the project, have the potential for significant environmental effects. The same process
89.11shall be utilized to determine the form, content and level of detail of the statement as well
89.12as the alternatives which are appropriate for consideration in the statement. In addition,
89.13the permits which will be required for the proposed action shall be identified during the
89.14scoping process. Further, the process shall identify those permits for which information
89.15will be developed concurrently with the environmental impact statement. The board
89.16shall provide in its rules for the expeditious completion of the scoping process. The
89.17determinations reached in the process shall be incorporated into the order requiring the
89.18preparation of an environmental impact statement.
89.19 (g) The responsible governmental unit shall, to the extent practicable, avoid
89.20duplication and ensure coordination between state and federal environmental review
89.21and between environmental review and environmental permitting. Whenever practical,
89.22information needed by a governmental unit for making final decisions on permits or
89.23other actions required for a proposed project shall be developed in conjunction with the
89.24preparation of an environmental impact statement.
89.25 (h) An environmental impact statement shall be prepared and its adequacy
89.26determined within 280 days after notice of its preparation unless the time is extended by
89.27consent of the parties or by the governor for good cause. The responsible governmental
89.28unit shall determine the adequacy of an environmental impact statement, unless within 60
89.29days after notice is published that an environmental impact statement will be prepared,
89.30the board chooses to determine the adequacy of an environmental impact statement. If an
89.31environmental impact statement is found to be inadequate, the responsible governmental
89.32unit shall have 60 days to prepare an adequate environmental impact statement.
89.33 (i) The proposer of a specific action may include in the information submitted to the
89.34responsible governmental unit a preliminary draft environmental impact statement under
89.35this section on that action for review, modification, and determination of completeness and
89.36adequacy by the responsible governmental unit. A preliminary draft environmental impact
90.1statement prepared by the project proposer and submitted to the responsible governmental
90.2unit shall identify or include as an appendix all studies and other sources of information
90.3used to substantiate the analysis contained in the preliminary draft environmental impact
90.4statement. The responsible governmental unit shall require additional studies, if needed,
90.5and obtain from the project proposer all additional studies and information necessary for
90.6the responsible governmental unit to perform its responsibility to review, modify, and
90.7determine the completeness and adequacy of the environmental impact statement.
90.8 Sec. 32. Minnesota Statutes 2010, section 116G.15, subdivision 1, is amended to read:
90.9 Subdivision 1.Establishment; purpose Designation. The federal Mississippi
90.10National River and Recreation Area established pursuant to United States Code, title
90.1116, section 460zz-2(k), is designated an area of critical concern in accordance with this
90.12chapter.The purpose of the designation is to:
90.13(1) protect and preserve the Mississippi River and adjacent lands that the legislature
90.14finds to be unique and valuable state and regional resources for the benefit of the health,
90.15safety, and welfare of the citizens of the state, region, and nation;
90.16(2) prevent and mitigate irreversible damages to these state, regional, and natural
90.17resources;
90.18(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
90.19Mississippi River and adjacent lands for public use and benefit;
90.20(4) protect and preserve the Mississippi River as an essential element in the national,
90.21state, and regional transportation, sewer and water, and recreational systems; and
90.22(5) protect and preserve the biological and ecological functions of the Mississippi
90.23River corridor.
90.24 Sec. 33. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
90.25 Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
90.26legislative bill for appropriations from the environment and natural resources trust fund and
90.27shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
90.28legislative bill requires an affirmative vote of at least 12 members of the commission.
90.29(b)The commission shall recommend expenditures to the legislature from the state
90.30land and water conservation account in the natural resources fund.
90.31(c) It is a condition of acceptance of the appropriations made from the Minnesota
90.32environment and natural resources trust fund, and oil overcharge money under section
90.334.071, subdivision 2, that the agency or entity receiving the appropriation must submit
90.34a work program and semiannual progress reports in the form determined by the
91.1Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
91.2reporting requirements under section 116P.16. None of the money provided may be spent
91.3unless the commission has approved the pertinent work program.
91.4(d) (c) The peer review panel created under section 116P.08 must also review,
91.5comment, and report to the commission on research proposals applying for an
91.6appropriation from the oil overcharge money under section 4.071, subdivision 2.
91.7(e) (d) The commission may adopt operating procedures to fulfill its duties under
91.8this chapter.
91.9(f) (e) As part of the operating procedures, the commission shall:
91.10(1) ensure that members' expectations are to participate in all meetings related to
91.11funding decision recommendations;
91.12(2) recommend adequate funding for increased citizen outreach and communications
91.13for trust fund expenditure planning;
91.14(3) allow administrative expenses as part of individual project expenditures based
91.15on need;
91.16(4) provide for project outcome evaluation;
91.17(5) keep the grant application, administration, and review process as simple as
91.18possible; and
91.19(6) define and emphasize the leveraging of additional sources of money that project
91.20proposers should consider when making trust fund proposals.
91.21 Sec. 34. Minnesota Statutes 2010, section 168A.40, is amended to read:
91.22168A.40 AUTOMOBILE THEFT PREVENTION PROGRAM.
91.23 Subd. 3. Surcharge. Each insurer engaged in the writing of policies of automobile
91.24insurance shall collect a surcharge, at the rate of 50 cents per vehicle for every six months
91.25of coverage, on each policy of automobile insurance providing comprehensive insurance
91.26coverage issued or renewed in this state. The surcharge may not be considered premium
91.27for any purpose, including the computation of premium tax or agents' commissions.
91.28The amount of the surcharge must be separately stated on either a billing or policy
91.29declaration sent to an insured. Insurers shall remit the revenue derived from this surcharge
91.30at least quarterly to the commissioner of public safety for purposes of the automobile
91.31theft prevention program described in section65B.84
91.32subdivision, "policy of automobile insurance" has the meaning given it in section65B.14 ,
91.33covering only the following types of vehicles as defined in section168.002 :
91.34(1) a passenger automobile;
91.35(2) a pickup truck;
92.1(3) a van but not commuter vans as defined in section168.126 ; or
92.2(4) a motorcycle,
92.3except that no vehicle with a gross vehicle weight in excess of 10,000 pounds is included
92.4within this definition.
92.5 Subd. 4. Automobile theft prevention account. A special revenue account is
92.6created in the state treasury to be credited with the proceeds of the surcharge imposed
92.7under subdivision 3. Of the revenue in the account, $1,300,000 each year must be
92.8transferred to the general fund. Revenues in excess of $1,300,000 each year may be used
92.9only for the automobile theft prevention program described in section65B.84
92.10EFFECTIVE DATE.This section is effective June 30, 2013.
92.11 Sec. 35. Minnesota Statutes 2010, section 216H.02, subdivision 4, is amended to read:
92.12 Subd. 4. General elements of the plan. The plan must:
92.13 (1) estimate 1990 and 2005 greenhouse gas emissions in the state and make
92.14projections of emissions in 2015, 2025, and 2050;
92.15 (2) identify, evaluate, and integrate a broad range of statewide greenhouse gas
92.16reduction options for all emission sectors in the state;
92.17 (3) assess the costs, benefits, and feasibility of implementing the options;
92.18 (4) recommend an integrated set of reduction options and strategies for implementing
92.19the options that will achieve the goals in subdivision 1, including analysis of the associated
92.20costs and benefits to Minnesotans;
92.21 (5) estimate the statewide greenhouse gas emissions reductions anticipated from
92.22implementation of existing state policies; and
92.23 (6) recommend a system to require the reporting of statewide greenhouse gas
92.24emissions, identifying which facilities must report, and how emission estimates should
92.25be made; and.
92.26(7) evaluate the option of exempting a project from the prohibitions contained in
92.27section
216H.03, subdivision 3, if the project contributes a specified fee per ton of carbon
92.28dioxide emissions emitted annually by the project, the proceeds of which would be used to
92.29fund permanent, quantifiable, verifiable, and enforceable reductions in greenhouse gas
92.30emissions that would not otherwise have occurred.
92.31 Sec. 36. Minnesota Statutes 2010, section 290.431, is amended to read:
92.32290.431 NONGAME WILDLIFE CHECKOFF.
93.1Every individual who files an income tax return or property tax refund claim form
93.2may designate on their original return that $1 or more shall be added to the tax or deducted
93.3from the refund that would otherwise be payable by or to that individual and paid into an
93.4account to be established for the management of nongame wildlife. The commissioner
93.5of revenue shall, on the income tax return and the property tax refund claim form, notify
93.6filers of their right to designate that a portion of their tax or refund shall be paid into the
93.7nongame wildlife management account. The sum of the amounts so designated to be paid
93.8shall be credited to the nongame wildlife management account for use by the nongame
93.9program in the Department of Natural Resources. All interest earned on money accrued,
93.10gifts to the program, contributions to the program, and reimbursements of expenditures
93.11in the nongame wildlife management account shall be credited to the account by the
93.12commissioner of management and budget, except that gifts or contributions received
93.13directly by the commissioner of natural resources and directed by the contributor for
93.14use in specific nongame field projects or geographic areas shall be handled according to
93.15section84.085 , subdivision 1. The commissioner of natural resources shall submit a work
93.16program for each fiscal year and semiannual progress reports to the Legislative-Citizen
93.17Commission on Minnesota Resources in the form determined by the commission.
93.18The state pledges and agrees with all contributors to the nongame wildlife
93.19management account to use the funds contributed solely for the management of nongame
93.20wildlife projects and further agrees that it will not impose additional conditions or
93.21restrictions that will limit or otherwise restrict the ability of the commissioner of natural
93.22resources to use the available funds for the most efficient and effective management of
93.23nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
93.24programs for the purpose of developing, preserving, restoring, and maintaining wintering
93.25habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
93.26or contract with any nonprofit organization dedicated to the construction, maintenance, and
93.27repair of such projects that are acceptable to the governmental agency having jurisdiction
93.28over the land and water affected by the projects. Under this authority, the commissioner
93.29may execute agreements and contracts if the commissioner determines that the use of the
93.30funds will benefit neotropical migrant birds that breed in or migrate through the state.
93.31 Sec. 37. Minnesota Statutes 2010, section 290.432, is amended to read:
93.32290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
93.33A corporation that files an income tax return may designate on its original return that
93.34$1 or more shall be added to the tax or deducted from the refund that would otherwise
93.35be payable by or to that corporation and paid into the nongame wildlife management
94.1account established by section290.431 for use by the Department of Natural Resources
94.2for its nongame wildlife program. The commissioner of revenue shall, on the corporate
94.3tax return, notify filers of their right to designate that a portion of their tax return be paid
94.4into the nongame wildlife management account for the protection of endangered natural
94.5resources. All interest earned on money accrued, gifts to the program, contributions to
94.6the program, and reimbursements of expenditures in the nongame wildlife management
94.7account shall be credited to the account by the commissioner of management and budget,
94.8except that gifts or contributions received directly by the commissioner of natural
94.9resources and directed by the contributor for use in specific nongame field projects or
94.10geographic areas shall be handled according to section84.085 , subdivision 1. The
94.11commissioner of natural resources shall submit a work program for each fiscal year to
94.12the Legislative-Citizen Commission on Minnesota Resources in the form determined
94.13by the commission.
94.14The state pledges and agrees with all corporate contributors to the nongame wildlife
94.15account to use the funds contributed solely for the nongame wildlife program and further
94.16agrees that it will not impose additional conditions or restrictions that will limit or
94.17otherwise restrict the ability of the commissioner of natural resources to use the available
94.18funds for the most efficient and effective management of those programs.
94.19 Sec. 38. Minnesota Statutes 2010, section 299C.40, subdivision 1, is amended to read:
94.20 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
94.21section.
94.22(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
94.23in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
94.24A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
94.25(c) "Law enforcement agency" means a Minnesota municipal police department,
94.26the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
94.27Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
94.28a Minnesota county sheriff's department, the Enforcement Division of the Department of
94.29Natural Resources, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.
94.30 Sec. 39. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
94.31 Subd. 7. Disbursement of surcharges by commissioner of management and
94.32budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
94.33management and budget shall disburse surcharges received under subdivision 6 and
94.34section97A.065, subdivision 2 , as follows:
95.1 (1) one percent shall be credited to the peace officer training account in the game
95.2and fish fund to provide peace officer training for employees of the Department of Natural
95.3Resources who are licensed under sections626.84 to
626.863 , and who possess peace
95.4officer authority for the purpose of enforcing game and fish laws;
95.5 (2) 39 percent shall be credited to the peace officers training account in the special
95.6revenue fund; and
95.7 (3) 60 percent shall be credited to the general fund.
95.8 (b) The commissioner of management and budget shall credit $3 of each surcharge
95.9received under subdivision 6 and section97A.065, subdivision 2 , to the general fund.
95.10 (c) In addition to any amounts credited under paragraph (a), the commissioner of
95.11management and budget shall credit $47 of each surcharge received under subdivision 6
95.12and section97A.065, subdivision 2 , and the $12 parking surcharge, to the general fund.
95.13 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
95.14additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
95.15in the Second Judicial District shall transmit the surcharge to the commissioner of
95.16management and budget. The $1 special surcharge is deposited in a Ramsey County
95.17surcharge account in the special revenue fund and amounts in the account are appropriated
95.18to the trial courts for the administration of the petty misdemeanor diversion program
95.19operated by the Second Judicial District Ramsey County Violations Bureau.
95.20 Sec. 40. Minnesota Statutes 2010, section 609.66, subdivision 1h, is amended to read:
95.21 Subd. 1h. Silencers; authorized for law enforcement and wildlife control
95.22purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
95.23officers may use devices designed to silence or muffle the discharge of a firearm for
95.24tactical emergency response operations. Tactical emergency response operations include
95.25execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
95.26and any other tactical deployments involving high risk circumstances. The chief law
95.27enforcement officer of a law enforcement agency that has the need to use silencing devices
95.28must establish and enforce a written policy governing the use of the devices.
95.29(b) Notwithstanding subdivision 1a, paragraph (a), clause (1),until July 1, 2011,
95.30an enforcement officer, as defined in section97A.015, subdivision 18 , a wildlife area
95.31manager, an employee designated under section84.0835 , or a person acting under contract
95.32with the commissioner of natural resources, at specific times and locations that are
95.33authorized by the commissioner of natural resources may use devices designed to silence
95.34or muffle the discharge of a firearm for wildlife control operations that require stealth.
96.1If the commissioner determines that the use of silencing devices is necessary under this
96.2paragraph, the commissioner must:
96.3(1) establish and enforce a written policy governing the use, possession, and
96.4transportation of the devices;.
96.5(2) limit the number of the silencing devices maintained by the Department of
96.6Natural Resources to no more than ten; and
96.7(3) keep direct custody and control of the devices when the devices are not
96.8specifically authorized for use.
96.9 Sec. 41. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
96.10chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is
96.11amended to read:
96.12 Sec. 45. SALE OF STATE LAND.
96.13 Subdivision 1. State land sales. The commissioner of administration shall
96.14coordinate with the head of each department or agency having control of state-owned land
96.15to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
96.16according to law and as provided in this section as soon as practicable but no later than
96.17June 30,2011 2013. Notwithstanding Minnesota Statutes, sections
16B.281 and
16B.282 ,
96.1894.09
and
94.10 , or any other law to the contrary, the commissioner may offer land
96.19for public sale by only providing notice of lands or an offer of sale of lands to state
96.20departments or agencies, the University of Minnesota, cities, counties, towns, school
96.21districts, or other public entities.
96.22 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
96.2394.16, subdivision 3
, or other law to the contrary, the amount of the proceeds from the
96.24sale of land under this section that exceeds the actual expenses of selling the land must
96.25be deposited in the general fund, except as otherwise provided by the commissioner of
96.26finance. Notwithstanding Minnesota Statutes, section94.11 or
16B.283 , the commissioner
96.27of finance may establish the timing of payments for land purchased under this section. If
96.28the total of all money deposited into the general fund from the proceeds of the sale of land
96.29under this section is anticipated to be less than $6,440,000, the governor must allocate the
96.30amount of the difference as reductions to general fund operating expenditures for other
96.31executive agencies for the biennium ending June 30,2011 2013.
96.32 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
96.33the general fund in fiscal year 2006 to the commissioner of administration for purposes
96.34of paying the actual expenses of selling state-owned lands to achieve the anticipated
96.35savings required in this section. From the gross proceeds of land sales under this section,
97.1the commissioner of administration must cancel the amount of the appropriation in this
97.2subdivision to the general fund by June 30,2011 2013.
97.3 Sec. 42. Laws 2011, chapter 14, section 16, is amended to read:
97.4 Sec. 16. REPEALER.
97.5Minnesota Statutes 2010, section 41A.09, subdivisions 1a,2a, 3a, 4, and 10, are
97.6repealed.
97.7 Sec. 43. STATE TREE NURSERY PROGRAM RESTRUCTURING; REPORT
97.8REQUIRED; ACCOUNT BALANCE TRANSFER.
97.9(a) By June 30, 2013, the commissioner of natural resources shall discontinue the
97.10tree nursery operations at the General C.C. Andrews State Nursery. After July 1, 2011,
97.11the commissioner shall limit nursery operations at the Baudora State Nursery to the
97.12production of stock for use by the state, concentrating on the production of coniferous
97.13tree stock, with deciduous tree stock production making up no more than two percent of
97.14total annual production.
97.15(b) By January 15, 2012, the commissioner of natural resources shall submit a
97.16budget and financial plan for the state nurseries to the chairs and ranking minority
97.17members of the house of representatives and senate committees and divisions with
97.18jurisdiction over environment and natural resources policy and finance. The plan shall
97.19include a long-term business plan to operate the Baudora State Nursery in a manner that is
97.20self sufficient. The plan shall also include options for the General C.C. Andrews State
97.21Nursery land and assets, including selling the land, leasing the nursery, and selling the
97.22nursery and assets to a licensed, private nursery.
97.23(c) By June 30, 2012, the commissioner of management and budget shall transfer
97.24$500,000 from the forest nursery account to the general fund. By June 30, 2013, the
97.25commissioner of management and budget shall transfer an additional $500,000 from the
97.26forest nursery account to the general fund.
97.27(d) If the Badoura Nursery operation draws upon more than ten percent of reserves in
97.28two consecutive fiscal years after fiscal year 2012, the commissioner of natural resources
97.29shall immediately begin a three year phase-out of all state nursery operations.
97.30EFFECTIVE DATE.This section is effective the day following final enactment.
97.31 Sec. 44. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS
97.32STANDARD; LAKE PEPIN.
98.1The commissioner of the Pollution Control Agency shall coordinate with the
98.2Wisconsin Department of Natural Resources in establishing a phosphorus standard for
98.3Lake Pepin and shall advocate implementation of a phosphorus standard that considers
98.4nutrient impacts on algal growth applicable during the June to September growing season
98.5only. If necessary, the commissioner may engage in a conference with the Wisconsin
98.6Department of Natural Resources according to section 103 of the Clean Water Act, United
98.7States Code, title 33, section 1253, to resolve any discrepancies in the states' respective
98.8standards.
98.9 Sec. 45. TERRY MCGAUGHEY MEMORIAL BRIDGE.
98.10The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
98.11that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
98.12commissioner shall place signs with the designation on both ends of the bridge.
98.13 Sec. 46. RULEMAKING.
98.14The rulemaking authority granted under Minnesota Statutes, section 116G.15,
98.15subdivision 7, is explicitly repealed by this act and any rulemaking to effectuate the
98.16purpose of Laws 2009, chapter 172, article 2, section 27, commenced by the commissioner
98.17of natural resources under that authority or any other authority is void and must cease on
98.18the effective date of this section.
98.19 Sec. 47. WILD RICE RULEMAKING AND RESEARCH.
98.20(a) Upon completion of the research referenced in paragraph (d), the commissioner
98.21of the Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
98.227050. The amended rule shall:
98.23(1) establish water quality standards for waters containing natural beds of wild rice,
98.24as well as for irrigation waters used for the production of wild rice; and
98.25(2) designate each body of water, or specific portion thereof, to which the wild rice
98.26water quality standard applies and the specific times of year during which the standard
98.27applies.
98.28(b) "Waters containing natural beds of wild rice" means waters where significant
98.29quantities of wild rice occur naturally. Before designating waters containing natural beds
98.30of wild rice as waters subject to a standard, the commissioner of the Pollution Control
98.31Agency shall establish criteria for the waters after consultation with the Department of
98.32Natural Resources, Minnesota Indian tribes, and other interested parties and after public
98.33notice and comment. The criteria shall include, but not be limited to, documented history
99.1of wild rice harvests, minimum acreage, and wild rice density. Waters where individual
99.2wild rice plants or isolated, sparse stands of wild rice exist shall not be designated as
99.3subject to the standard.
99.4(c) Within 30 days of the effective date of this section, the commissioner of
99.5the Pollution Control Agency must create an advisory group to provide input to the
99.6commissioner on a protocol for scientific research to assess the impacts of sulfates and
99.7other substances on the growth of wild rice, review research results, and provide other
99.8advice on the development of future rule amendments to protect wild rice. The group
99.9must include representatives of tribal governments, municipal wastewater treatment
99.10facilities, industrial dischargers, wild rice harvesters, wild rice research experts, and
99.11citizen organizations.
99.12(d) After receiving the advice of the advisory group under paragraph (c), consultation
99.13with the commissioner of natural resources, and review of all available scientific
99.14research on water quality and other environmental impacts on the growth of wild rice,
99.15the commissioner of the Pollution Control Agency shall adopt and implement a wild
99.16rice research plan using the money appropriated to contract with appropriate scientific
99.17experts. The commissioner shall periodically review the results of the research with the
99.18commissioner of natural resources and the advisory group.
99.19(e) To the extent allowable under the federal Clean Water Act, during the pendency
99.20of the rule amendment described in paragraph (a), the Pollution Control Agency, with
99.21respect to permits issued for the discharge of wastewater, shall exercise its powers
99.22under Minnesota Statutes, section 115.03, subdivision 1, paragraph (e), to enter into
99.23schedules of compliance to ensure that no permittee is required to expend funds for design
99.24and implementation of sulfate treatment technologies until after the rule amendment
99.25is complete. Nothing shall prevent the Pollution Control Agency from including in a
99.26schedule of compliance a requirement to monitor sulfate concentrations in discharges and,
99.27if appropriate, based on site-specific conditions, a requirement to implement a sulfate
99.28minimization plan to avoid or minimize sulfate concentrations during periods when wild
99.29rice may be susceptible to damage.
99.30(f) To the extent that the commissioner of the Pollution Control Agency determines
99.31that provisions of the federal Clean Water Act or other federal laws limits full
99.32implementation of paragraph (e), the commissioner shall fully exercise the agency's
99.33authority under state and federal law and regulations to ensure, to the fullest extent
99.34possible, that no permittee is required to expend funds for design and implementation of
99.35sulfate treatment technologies until after the rule amendment described in paragraph
99.36(a) is complete. If the commissioner determines that amendments to Minnesota Rules
100.1are necessary to ensure that no permittee is required to expend funds for design and
100.2implementation of sulfate treatment technologies until after the rule amendment described
100.3in paragraph (a) is complete, the commissioner may use the good cause exemption under
100.4Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules necessary to
100.5implement this section, and Minnesota Statutes, section 14.386, does not apply, except as
100.6provided in Minnesota Statutes, section 14.388.
100.7(g) Upon completion of the rule amendment described in paragraph (a), the Pollution
100.8Control Agency shall modify the discharge limits in the affected wastewater discharge
100.9permits to reflect the new standards in accordance with state and federal regulations and
100.10shall exercise its powers to enter into schedules of compliance in the permits.
100.11(h) By December 15, 2011, the commissioner of the Pollution Control Agency
100.12shall submit a report to the chairs and ranking minority members of the environment and
100.13natural resources committees of the house of representatives and senate on the status
100.14of implementation of this section. The report must include an estimated timeline for
100.15completion of the wild rice research plan and initiation and completion of the formal
100.16rulemaking process under Minnesota Statutes, chapter 14.
100.17(i) To the extent allowable under the federal Clean Water Act, until the rule
100.18amendment described in paragraph (a) is finally adopted, the agency shall suspend the
100.19standard for sulfate for class 4 waters.
100.20EFFECTIVE DATE.This section is effective the day following final enactment.
100.21 Sec. 48. WATER RULEMAKING LEGISLATIVE REVIEW.
100.22Until June 30, 2013, all proposed rules related to water quality or water resource
100.23protection must be consistent with other local, state, and federal rules, and must be able
100.24to achieve the legislatively intended outcome as effectively and efficiently as possible.
100.25To ensure that all proposed rules satisfy this legislative policy, the proposed rules must
100.26be submitted to the Legislative Coordinating Commission prior to the filing of the notice
100.27of intent to adopt. The agency submitting the proposed rule shall provide the following
100.28information:
100.29(1) an explanation of how the proposed rule is consistent with other water-related
100.30rules; and
100.31(2) a statement from other affected agencies that they do not object to the proposed
100.32rule being inconsistent or contrary to any existing rule and accept the proposing agency's
100.33jurisdiction over the subject matter of the proposed rule.
100.34Within 60 days of receipt of the proposed water-related rule, the commission may
100.35notify the agency proposing the rule that the commission agrees that the rule does not
101.1comply with the legislative policy, that rules are not consistent with all other water-related
101.2rules, or the agency is not the appropriate authority for jurisdiction over the proposed rules.
101.3 Sec. 49. INTEREST IN LANDS EXTENDED.
101.4Notwithstanding any law to the contrary, Dakota County's reversionary interests in
101.5lands deeded by Dakota County to the state of Minnesota, as contemplated by Laws 1975,
101.6chapter 382, and currently maintained and used for the purposes of a state zoological
101.7garden in Apple Valley, Minnesota, to wit, those lands described in documents recorded in
101.8the Dakota County Property Records Office as Document No. 433980 and Document No.
101.9439719, excluding lands subject to that certain quit claim deed recorded as Document No.
101.101246646 and excluding lands subject to that certain quit claim deed recorded as Document
101.11No. 1330383, are extended and remain permanently valid and operative.
101.12EFFECTIVE DATE.This section is effective upon compliance by the Dakota
101.13County Board of Commissioners with the provisions of Minnesota Statutes, section
101.14645.021.
101.15 Sec. 50. EVALUATION REQUIRED.
101.16(a) The Department of Administration shall evaluate state and local water-related
101.17programs, policies, and permits to make recommendations for cost savings, increased
101.18productivity, and the elimination of duplication among public agencies.
101.19(b) The evaluation must:
101.20(1) identify current rules relating to surface and groundwater, including those related
101.21to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild
101.22and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for
101.23each rule specify:
101.24(i) the statutory authority;
101.25(ii) intended outcomes;
101.26(iii) the cost to state and local government and the private sector; and
101.27(iv) the relationship of the rule to other local, state, and federal rules;
101.28(2) assess the pros and cons of alternative approaches to implementing water-related
101.29programs, policies, and permits, including local, state, and regional-based approaches;
101.30(3) identify inconsistencies and redundancy between local, state, and federal rules;
101.31(4) identify means to coordinate rulemaking and implementation so as to achieve
101.32intended outcomes more effectively and efficiently;
101.33(5) identify a rule assessment and evaluation process for determining whether each
101.34identified rule should be continued or repealed;
102.1(6) rely on scientific, peer-reviewed data, including the studies of the National
102.2Academy of Sciences;
102.3(7) evaluate current responsibilities of the Pollution Control Agency, Department of
102.4Natural Resources, Board of Water and Soil Resources, Environmental Quality Board,
102.5Department of Agriculture, and Department of Health for developing and implementing
102.6water-related programs, policies, and permits and make recommendations for reallocating
102.7responsibilities among the agencies; and
102.8(8) assess the current role of the clean water fund in supporting water-related
102.9programs and policies and make recommendations for allocating resources among the
102.10agencies that collaborate and partner in spending the clean water fund consistent with
102.11the other recommendations of the study.
102.12(c) The commissioner of administration must submit the study results and make
102.13recommendations to agencies listed under paragraph (a) and to the chairs and ranking
102.14minority party members of the senate and house of representatives committees having
102.15primary jurisdiction over environment and natural resources policy and finance no later
102.16than January 15, 2012.
102.17 Sec. 51. REVISOR'S INSTRUCTION.
102.18The revisor of statutes shall recodify section 65B.84 as section 299A.625.
102.19EFFECTIVE DATE.This section is effective June 30, 2013.
102.20 Sec. 52. REPEALER.
102.21Minnesota Statutes 2010, sections 84.027, subdivision 11; 89.06; 89.37, subdivisions
102.222, 3, and 3a; 116G.15, subdivisions 2, 3, 4, 5, 6, and 7; 116P.14; and 216H.03, are
102.23repealed."
102.24Delete the title and insert:
102.26relating to state government; appropriating money for environment, natural
102.27resources, commerce, and energy; creating accounts; modifying disposition of
102.28certain receipts; creating an advisory committee; modifying automobile theft
102.29prevention program; requiring nonresident off-road vehicle state trail pass;
102.30modifying state tree nursery provisions; modifying fees; modifying feedlot
102.31provisions; modifying environmental review requirements; modifying critical
102.32areas; modifying greenhouse gas emissions control requirements; modifying
102.33reporting requirements; modifying requirements for department use of silencers;
102.34designating a bridge; modifying definitions; modifying Petroleum Tank Release
102.35Cleanup Act; requiring rulemaking;amending Minnesota Statutes 2010, sections
102.3641A.105, by adding a subdivision; 65B.84; 84D.15, subdivision 2; 85.052,
102.37subdivision 4; 89.039, subdivision 1; 89.21; 89.35, subdivision 2; 89.36,
102.38subdivision 1; 89.37, subdivisions 1, 3b; 93.481, subdivision 7; 97A.055, by
102.39adding a subdivision; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision
103.16; 103G.301, by adding a subdivision; 103G.615, subdivision 2; 115.073;
103.2115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c; 115C.13;
103.3116.06, by adding a subdivision; 116.07, subdivision 7c; 116D.04, subdivision
103.42a, as amended; 116G.15, subdivision 1; 116P.05, subdivision 2; 168A.40;
103.5216H.02, subdivision 4; 290.431; 290.432; 299C.40, subdivision 1; 357.021,
103.6subdivision 7; 609.66, subdivision 1h; Laws 2005, chapter 156, article 2, section
103.745, as amended; Laws 2011, chapter 14, section 16; proposing coding for
103.8new law in Minnesota Statutes, chapters 16E; 84; 89; 97A; 103G; repealing
103.9Minnesota Statutes 2010, sections 84.027, subdivision 11; 89.06; 89.37,
103.10subdivisions 2, 3, 3a; 116G.15, subdivisions 2, 3, 4, 5, 6, 7; 116P.14; 216H.03."
1.3relating to state government; appropriating money for environment, natural
1.4resources, commerce, and energy; creating accounts; modifying disposition
1.5of certain receipts; modifying responsibilities and authorities; creating an
1.6advisory committee; modifying Petroleum Tank Release Cleanup Act; modifying
1.7cooperative electric association petition provisions; repealing definitions and
1.8requirements; requiring rulemaking on wild rice standards;amending Minnesota
1.9Statutes 2010, sections 85.052, subdivision 4; 89.21; 97A.055, by adding
1.10a subdivision; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision 6;
1.11103G.301, subdivision 2; 103G.615, subdivision 2; 115A.1314; 115A.1320,
1.12subdivision 1; 115C.09, subdivision 3c; 115C.13; 116P.04, by adding a
1.13subdivision; 116P.05, subdivision 2; 216B.026, subdivision 1; 290.431; 290.432;
1.14357.021, subdivision 7; proposing coding for new law in Minnesota Statutes,
1.15chapters 16E; 84; 89; 97A; 103G; repealing Minnesota Statutes 2010, sections
1.1684.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84.027, subdivision 11; 116P.09,
1.17subdivision 4; 116P.14.
1.18May 16, 2011
1.19The Honorable Kurt Zellers
1.20Speaker of the House of Representatives
1.21The Honorable Michelle L. Fischbach
1.22President of the Senate
1.23We, the undersigned conferees for H. F. No. 1010 report that we have agreed upon
1.24the items in dispute and recommend as follows:
1.25That the Senate recede from its amendment and that H. F. No. 1010 be further
1.26amended as follows:
1.27Delete everything after the enacting clause and insert:
| 1.30 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.32in this article.
| 2.11 |
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. |
||||||
2.13agencies and for the purposes specified in this article. The appropriations are from the
2.14general fund, or another named fund, and are available for the fiscal years indicated
2.15for each purpose. The figures "2012" and "2013" used in this article mean that the
2.16appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.17June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.18year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.19year ending June 30, 2011, are effective the day following final enactment.
| 2.20 |
APPROPRIATIONS |
||||||
| 2.21 |
Available for the Year |
||||||
| 2.22 |
Ending June 30 |
||||||
| 2.23 |
2012 |
2013 |
|||||
| 2.24 |
Sec. 3. POLLUTION CONTROL AGENCY |
||||||
| 2.25 |
Subdivision 1.Total Appropriation |
$ |
76,496,000 |
$ |
76,190,000 |
||
2.34purpose are specified in the following
2.35subdivisions.
| 2.36 |
Subd. 2.Water |
21,602,000 |
21,527,000 |
||||
| 3.1 |
Appropriations by Fund |
||
| 3.2 |
2012 |
2013 |
|
| 3.3 |
General |
2,836,000 |
2,836,000 |
| 3.4 3.5 |
State Government Special Revenue |
75,000 |
75,000 |
| 3.6 |
Environmental |
18,691,000 |
18,616,000 |
3.8the second year are for water program
3.9operations.
3.10$1,665,000 the first year and $1,665,000
3.11the second year are for grants to delegated
3.12counties to administer the county feedlot
3.13program under Minnesota Statutes, section
3.14116.0711, subdivisions 2 and 3. Money
3.15remaining after the first year is available for
3.16the second year.
3.17$740,000 the first year and $740,000 the
3.18second year are from the environmental
3.19fund to address the need for continued
3.20increased activity in the areas of new
3.21technology review, technical assistance
3.22for local governments, and enforcement
3.23under Minnesota Statutes, sections 115.55
3.24to 115.58, and to complete the requirements
3.25of Laws 2003, chapter 128, article 1, section
3.26165.
3.27$75,000 the first year from the environmental
3.28fund is for transfer to the commissioner of
3.29administration for the water management
3.30evaluation required in article 4. This is a
3.31onetime appropriation.
3.32Notwithstanding Minnesota Statutes, section
3.3316A.28, the appropriations encumbered on or
3.34before June 30, 2013, as grants or contracts
3.35for SSTS's, surface water and groundwater
4.1assessments, total maximum daily loads,
4.2storm water, and local basinwide water
4.3quality protection in this subdivision are
4.4available until June 30, 2016.
| 4.5 |
Subd. 3.Air |
12,297,000 |
12,466,000 |
||||
| 4.6 |
Appropriations by Fund |
||
| 4.7 |
2012 |
2013 |
|
| 4.8 |
Environmental |
12,297,000 |
12,466,000 |
4.10second year are from the environmental fund
4.11for a monitoring program under Minnesota
4.12Statutes, section 116.454.
4.13Up to $150,000 the first year and $150,000
4.14the second year may be transferred from the
4.15environmental fund to the small business
4.16environmental improvement loan account
4.17established in Minnesota Statutes, section
4.18116.993.
4.19$125,000 the first year and $125,000 the
4.20second year are from the environmental fund
4.21for monitoring ambient air for hazardous
4.22pollutants in the metropolitan area.
| 4.23 |
Subd. 4.Land |
17,412,000 |
17,412,000 |
||||
| 4.24 |
Appropriations by Fund |
||
| 4.25 |
2012 |
2013 |
|
| 4.26 |
Environmental |
6,916,000 |
6,916,000 |
| 4.27 |
Remediation |
10,496,000 |
10,496,000 |
4.29compensation, and compliance in the
4.30remediation fund not otherwise appropriated
4.31is appropriated to the commissioners of the
4.32Pollution Control Agency and agriculture
4.33for purposes of Minnesota Statutes, section
4.34115B.20, subdivision 2, clauses (1), (2),
5.1(3), (6), and (7). At the beginning of each
5.2fiscal year, the two commissioners shall
5.3jointly submit an annual spending plan
5.4to the commissioner of management and
5.5budget that maximizes the utilization of
5.6resources and appropriately allocates the
5.7money between the two departments. This
5.8appropriation is available until June 30, 2013.
5.9$3,616,000 the first year and $3,616,000 the
5.10second year are from the petroleum tank fund
5.11to be transferred to the remediation fund for
5.12purposes of the leaking underground storage
5.13tank program to protect the land.
5.14$252,000 the first year and $252,000 the
5.15second year are from the remediation fund
5.16for transfer to the commissioner of health for
5.17private water supply monitoring and health
5.18assessment costs in areas contaminated
5.19by unpermitted mixed municipal solid
5.20waste disposal facilities and drinking water
5.21advisories and public information activities
5.22for areas contaminated by hazardous releases.
5.23$128,000 the first year is from the
5.24environmental fund for transfer to the
5.25Department of Health to complete
5.26the environmental health tracking
5.27and biomonitoring analysis related to
5.28perfluorochemicals and disseminate the
5.29results.
| 5.30 5.31 |
Subd. 5.Environmental Assistance and Cross-Media |
25,185,000 |
24,785,000 |
||||
| 5.32 |
Appropriations by Fund |
||
| 5.33 |
2012 |
2013 |
|
| 5.34 |
Environmental |
25,185,000 |
24,785,000 |
6.2the second year are from the environmental
6.3fund for SCORE block grants to counties.
6.4$119,000 the first year and $119,000 the
6.5second year are from the environmental
6.6fund for environmental assistance grants
6.7or loans under Minnesota Statutes, section
6.8115A.0716. Any unencumbered grant and
6.9loan balances in the first year do not cancel
6.10but are available for grants and loans in the
6.11second year.
6.12$89,000 the first year and $89,000 the
6.13second year are from the environmental fund
6.14for duties related to harmful chemicals in
6.15products under Minnesota Statutes, section
6.16116.9401 to 116.9407. Of this amount,
6.17$57,000 each year is transferred to the
6.18commissioner of health.
6.19$315,000 the first year and $315,000 the
6.20second year are from the environmental fund
6.21for the electronics waste program under
6.22Minnesota Statutes, sections 115A.1310 to
6.23115A.1330.
6.24$400,000 the first year is from the
6.25environmental fund for the costs of
6.26implementing general operating permits for
6.27feedlots over 1,000 animal units. This is a
6.28onetime appropriation.
6.29All money deposited in the environmental
6.30fund for the metropolitan solid waste
6.31landfill fee in accordance with Minnesota
6.32Statutes, section 473.843, and not otherwise
6.33appropriated, is appropriated for the purposes
6.34of Minnesota Statutes, section 473.844.
7.1Notwithstanding Minnesota Statutes, section
7.216A.28, the appropriations encumbered on
7.3or before June 30, 2013, as contracts or
7.4grants for surface water and groundwater
7.5assessments; environmental assistance
7.6awarded under Minnesota Statutes, section
7.7115A.0716; technical and research assistance
7.8under Minnesota Statutes, section 115A.152;
7.9technical assistance under Minnesota
7.10Statutes, section 115A.52; and pollution
7.11prevention assistance under Minnesota
7.12Statutes, section 115D.04, are available until
7.13June 30, 2015.
| 7.14 |
Subd. 6.Remediation Fund |
||||||
7.16from the environmental fund to the
7.17remediation fund for the purposes of the
7.18remediation fund under Minnesota Statutes,
7.19section 116.155, subdivision 2.
| 7.20 |
Sec. 4. NATURAL RESOURCES |
||||||
| 7.21 |
Subdivision 1.Total Appropriation |
$ |
219,931,000 |
$ |
219,613,000 |
||
7.30purpose are specified in the following
7.31subdivisions.
| 7.32 7.33 |
Subd. 2.Land and Mineral Resources Management |
7,522,000 |
7,522,000 |
||||
| 7.34 |
Appropriations by Fund |
||
| 7.35 |
2012 |
2013 |
|
| 8.1 |
General |
2,461,000 |
2,461,000 |
| 8.2 |
Natural Resources |
3,459,000 |
3,459,000 |
| 8.3 |
Game and Fish |
1,402,000 |
1,402,000 |
| 8.4 |
Permanent School |
200,000 |
200,000 |
8.6the second year are from the minerals
8.7management account in the natural resources
8.8fund for use as provided in Minnesota
8.9Statutes, section 93.2236, paragraph (c),
8.10for mineral resource management, projects
8.11to enhance future mineral income, and
8.12projects to promote new mineral resource
8.13opportunities.
8.14$68,000 the first year and $68,000 the
8.15second year are for minerals cooperative
8.16environmental research, of which $34,000
8.17the first year and $40,000 the second year are
8.18available only as matched by $1 of nonstate
8.19money for each $1 of state money. The
8.20match may be cash or in-kind.
8.21$251,000 the first year and $251,000 the
8.22second year are for iron ore cooperative
8.23research. Of this amount, $200,000 each year
8.24is from the minerals management account
8.25in the natural resources fund. $175,000 the
8.26first year and $175,000 the second year are
8.27available only as matched by $1 of nonstate
8.28money for each $1 of state money. The match
8.29may be cash or in-kind. Any unencumbered
8.30balance from the first year does not cancel
8.31and is available in the second year.
8.32$630,000 the first year and $630,000 the
8.33second year are from the dedicated receipts
8.34account in the natural resources fund to cover
9.1the costs associated with issuing licenses for
9.2land and water crossings and road easements.
9.3$200,000 the first year and $200,000 the
9.4second year are from the state forest suspense
9.5account in the permanent school fund to
9.6accelerate land exchanges, land sales, and
9.7commercial leasing of school trust lands and
9.8to identify, evaluate, and lease construction
9.9aggregate located on school trust lands. This
9.10appropriation is to be used for securing
9.11maximum long-term economic return
9.12from the school trust lands consistent with
9.13fiduciary responsibilities and sound natural
9.14resources conservation and management
9.15principles.
9.16The appropriations in Laws 2007, chapter
9.1757, article 1, section 4, subdivision 2, as
9.18amended by Laws 2009, chapter 37, article
9.191, section 60, for support of the land records
9.20management system are available until June
9.2130, 2013.
| 9.22 |
Subd. 3.Ecological and Water Resources |
21,550,000 |
21,550,000 |
||||
| 9.23 |
Appropriations by Fund |
||
| 9.24 |
2012 |
2013 |
|
| 9.25 |
General |
6,571,000 |
6,571,000 |
| 9.26 |
Natural Resources |
10,280,000 |
10,280,000 |
| 9.27 |
Game and Fish |
4,699,000 |
4,699,000 |
9.29second year are from the invasive species
9.30account in the natural resources fund and
9.31$1,674,000 the first year and $1,674,000 the
9.32second year are from the general fund for
9.33management, public awareness, assessment
9.34and monitoring research, law enforcement,
9.35and water access inspection to prevent the
10.1spread of invasive species; management
10.2of invasive plants in public waters; and
10.3management of terrestrial invasive species
10.4on state-administered lands.
10.5$5,000,000 the first year, and $5,000,000 the
10.6second year are from the water management
10.7account in the natural resources fund for only
10.8the purposes specified in Minnesota Statutes,
10.9section 103G.27, subdivision 2.
10.10$264,000 the first year and $264,000 the
10.11second year are for grants for up to 50
10.12percent of the cost of implementation of
10.13the Red River mediation agreement. The
10.14commissioner shall submit a report to the
10.15chairs of the legislative committees having
10.16primary jurisdiction over environment and
10.17natural resources policy and finance on the
10.18accomplishments achieved with the grants
10.19by January 15, 2014.
10.20$1,636,000 the first year and $1,636,000
10.21the second year are from the heritage
10.22enhancement account in the game and
10.23fish fund for only the purposes specified
10.24in Minnesota Statutes, section 297A.94,
10.25paragraph (e), clause (1).
10.26$1,223,000 the first year and $1,223,000 the
10.27second year are from the nongame wildlife
10.28management account in the natural resources
10.29fund for the purpose of nongame wildlife
10.30management. Notwithstanding Minnesota
10.31Statutes, section 290.431, $100,000 the first
10.32year and $100,000 the second year may
10.33be used for nongame wildlife information,
10.34education, and promotion.
11.1$1,000,000 the first year and $1,000,000 the
11.2second year from the heritage enhancement
11.3account in the game and fish fund is for law
11.4enforcement and water access inspection
11.5to prevent the spread of aquatic invasive
11.6species. This is a onetime appropriation.
| 11.7 |
Subd. 4.Forest Management |
31,887,000 |
31,887,000 |
||||
| 11.8 |
Appropriations by Fund |
||
| 11.9 |
2012 |
2013 |
|
| 11.10 |
General |
17,880,000 |
17,880,000 |
| 11.11 |
Natural Resources |
13,093,000 |
13,093,000 |
| 11.12 |
Game and Fish |
914,000 |
914,000 |
11.14the second year are for prevention,
11.15presuppression, and suppression costs of
11.16emergency firefighting and other costs
11.17incurred under Minnesota Statutes, section
11.1888.12. The amount necessary to pay for
11.19presuppression and suppression costs during
11.20the biennium is appropriated from the general
11.21fund.
11.22By January 15 of each year, the commissioner
11.23of natural resources shall submit a report to
11.24the chairs and ranking minority members
11.25of the house and senate committees
11.26and divisions having jurisdiction over
11.27environment and natural resources finance,
11.28identifying all firefighting costs incurred
11.29and reimbursements received in the prior
11.30fiscal year. These appropriations may
11.31not be transferred. Any reimbursement
11.32of firefighting expenditures made to the
11.33commissioner from any source other than
11.34federal mobilizations shall be deposited into
11.35the general fund.
12.1$13,093,000 the first year and $13,093,000
12.2the second year are from the forest
12.3management investment account in the
12.4natural resources fund for only the purposes
12.5specified in Minnesota Statutes, section
12.689.039, subdivision 2.
12.7$580,000 the first year and $580,000 the
12.8second year are for the Forest Resources
12.9Council for implementation of the
12.10Sustainable Forest Resources Act.
12.11$250,000 in the first year and $250,000 in the
12.12second year are for the FORIST system.
12.13$650,000 the first year and $650,000
12.14the second year are from the heritage
12.15enhancement account in the game and fish
12.16fund to maintain and expand the ecological
12.17classification system program. This is a
12.18onetime appropriation.
12.19After the commissioner approves a
12.20sustainable resources management plan,
12.21any division of the Department of
12.22Natural Resources seeking interaction
12.23with the Division of Forestry on projects
12.24to implement the plan must reimburse
12.25the Division of Forestry for time spent
12.26responding to questions, concerns, or
12.27challenges to the projects.
| 12.28 |
Subd. 5.Parks and Trails Management |
64,295,000 |
63,965,000 |
||||
| 12.29 |
Appropriations by Fund |
||
| 12.30 |
2012 |
2013 |
|
| 12.31 |
General |
16,626,000 |
16,621,000 |
| 12.32 |
Natural Resources |
45,475,000 |
45,150,000 |
| 12.33 |
Game and Fish |
2,194,000 |
2,194,000 |
12.35second year are from the water recreation
13.1account in the natural resources fund for
13.2enhancing public water access facilities.
13.3The appropriation in Laws 2003, chapter
13.4128, article 1, section 5, subdivision 6, from
13.5the water recreation account in the natural
13.6resources fund for a cooperative project with
13.7the United States Army Corps of Engineers
13.8to develop the Mississippi Whitewater Park
13.9is available until June 30, 2013. The project
13.10must be designed to prevent the spread of
13.11aquatic invasive species.
13.12$5,731,000 the first year and $5,731,000 the
13.13second year are from the natural resources
13.14fund for state trail, park, and recreation area
13.15operations. This appropriation is from the
13.16revenue deposited in the natural resources
13.17fund under Minnesota Statutes, section
13.18297A.94, paragraph (e), clause (2).
13.19$8,424,000 the first year and $8,424,000
13.20the second year are from the snowmobile
13.21trails and enforcement account in the
13.22natural resources fund for the snowmobile
13.23grants-in-aid program. Any unencumbered
13.24balance does not cancel at the end of the first
13.25year and is available for the second year.
13.26$1,360,000 the first year and $1,360,000
13.27the second year are from the natural
13.28resources fund for the off-highway vehicle
13.29grants-in-aid program. Of this amount,
13.30$1,110,000 each year is from the all-terrain
13.31vehicle account; $150,000 each year is from
13.32the off-highway motorcycle account; and
13.33$100,000 each year is from the off-road
13.34vehicle account. Any unencumbered balance
14.1does not cancel at the end of the first year
14.2and is available for the second year.
14.3$805,000 the first year and $805,000 the
14.4second year are from the natural resources
14.5fund for trail grants to local units of
14.6government on land to be maintained for at
14.7least 20 years for the purposes of the grants.
14.8This appropriation is from the revenue
14.9deposited in the natural resources fund
14.10under Minnesota Statutes, section 297A.94,
14.11paragraph (e), clause (4).
14.12$200,000 the first year from the off-highway
14.13vehicle damage account in the natural
14.14resources fund is for all-terrain vehicle
14.15grants-in-aid.
14.16$100,000 the first year is from the all-terrain
14.17vehicle account in the natural resources fund
14.18for a pass-through grant to Lake County for
14.19completion of the Lake County Regional
14.20All-Terrain Vehicle Trail. This is a onetime
14.21appropriation and is available until spent.
14.22$400,000 each year is from the all-terrain
14.23vehicle account in the natural resources
14.24fund. Of this amount, $100,000 the first
14.25year and $100,000 the second year are for
14.26the all-terrain vehicle grant-in-aid trails
14.27program. $200,000 the first year and
14.28$200,000 the second year are for the creation
14.29and development of all-terrain vehicle
14.30trails. $100,000 each year is to provide
14.31downloadable trail maps on the Internet and
14.32is a onetime appropriation. By January 1,
14.332013, the commissioner shall submit a report
14.34to the chairs and ranking minority members
14.35of the legislative committees and divisions
15.1with jurisdiction over natural resources
15.2policy and finance. The report must indicate
15.3where and how many miles of new all-terrain
15.4vehicle trails were created and designated
15.5with appropriations under this paragraph.
15.6The commissioner shall not close any state
15.7park or state recreation area between July 1,
15.82011, and June 30, 2013, that is funded with
15.9money appropriated in this article.
| 15.10 |
Subd. 6.Fish and Wildlife Management |
60,761,000 |
60,161,000 |
||||
| 15.11 |
Appropriations by Fund |
||
| 15.12 |
2012 |
2013 |
|
| 15.13 |
General |
199,000 |
199,000 |
| 15.14 |
Natural Resources |
1,899,000 |
1,899,000 |
| 15.15 |
Game and Fish |
58,663,000 |
58,063,000 |
15.17second year are from the nongame wildlife
15.18account in the natural resources fund for gray
15.19wolf research.
15.20$120,000 the first year and $120,000 the
15.21second year are from the game and fish fund
15.22for gray wolf management.
15.23$8,167,000 the first year and $8,167,000
15.24the second year are from the heritage
15.25enhancement account in the game and
15.26fish fund only for activities specified in
15.27Minnesota Statutes, section 297A.94,
15.28paragraph (e), clause (1). Notwithstanding
15.29Minnesota Statutes, section 297A.94, five
15.30percent of this appropriation may be used for
15.31expanding hunter and angler recruitment and
15.32retention.
15.33Notwithstanding Minnesota Statutes, section
15.3484.943, $13,000 the first year and $13,000
15.35the second year from the critical habitat
16.1private sector matching account may be used
16.2to publicize the critical habitat license plate
16.3match program.
16.4$199,000 the first year and $199,000 the
16.5second year are for preserving, restoring, and
16.6enhancing grassland and wetland complexes
16.7on public or private lands.
16.8$600,000 the first year is from the game and
16.9fish fund for land acquisition.
16.10Notwithstanding Minnesota Statutes, section
16.1116A.28, the appropriations encumbered
16.12under contract on or before June 30, 2013, for
16.13aquatic restoration grants and wildlife habitat
16.14grants are available until June 30, 2014.
| 16.15 |
Subd. 7.Enforcement |
31,613,000 |
32,225,000 |
||||
| 16.16 |
Appropriations by Fund |
||
| 16.17 |
2012 |
2013 |
|
| 16.18 |
General |
2,216,000 |
2,216,000 |
| 16.19 |
Natural Resources |
8,868,000 |
9,577,000 |
| 16.20 |
Game and Fish |
20,429,000 |
20,332,000 |
| 16.21 |
Remediation |
100,000 |
100,000 |
16.23the second year are from the heritage
16.24enhancement account in the game and
16.25fish fund for only the purposes specified
16.26in Minnesota Statutes, section 297A.94,
16.27paragraph (e), clause (1).
16.28$240,000 the first year and $143,000
16.29the second year are from the heritage
16.30enhancement account in the game and fish
16.31fund for a conservation officer academy.
16.32$315,000 the first year and $315,000 the
16.33second year are from the snowmobile
16.34trails and enforcement account in the
17.1natural resources fund for grants to local
17.2law enforcement agencies for snowmobile
17.3enforcement activities. Any unencumbered
17.4balance does not cancel at the end of the first
17.5year and is available for the second year.
17.6$250,000 the first year and $250,000 the
17.7second year are from the all-terrain vehicle
17.8account for grants to qualifying organizations
17.9to assist in safety and environmental
17.10education and monitoring trails on public
17.11lands under Minnesota Statutes, section
17.1284.9011. Grants issued under this paragraph:
17.13(1) must be issued through a formal
17.14agreement with the organization; and (2)
17.15must not be used as a substitute for traditional
17.16spending by the organization. By December
17.1715 each year, an organization receiving a
17.18grant under this paragraph shall report to the
17.19commissioner with details on expenditures
17.20and outcomes from the grant. By January
17.2115, 2013, the commissioner shall report on
17.22the expenditures and outcomes of the grants
17.23to the chairs and ranking minority members
17.24of the legislative committees and divisions
17.25having jurisdiction over natural resources
17.26policy and finance. Of this appropriation,
17.27$25,000 each year is for administration of
17.28these grants. Any unencumbered balance
17.29does not cancel at the end of the first year
17.30and is available for the second year.
17.31$510,000 the first year and $510,000
17.32the second year are from the natural
17.33resources fund for grants to county law
17.34enforcement agencies for off-highway
17.35vehicle enforcement and public education
17.36activities based on off-highway vehicle use
18.1in the county. Of this amount, $498,000 each
18.2year is from the all-terrain vehicle account;
18.3$11,000 each year is from the off-highway
18.4motorcycle account; and $1,000 each year
18.5is from the off-road vehicle account. The
18.6county enforcement agencies may use
18.7money received under this appropriation
18.8to make grants to other local enforcement
18.9agencies within the county that have a high
18.10concentration of off-highway vehicle use.
18.11Of this appropriation, $25,000 each year
18.12is for administration of these grants. Any
18.13unencumbered balance does not cancel at the
18.14end of the first year and is available for the
18.15second year.
18.16$1,082,000 the first year and $1,082,000 the
18.17second year are from the water recreation
18.18account in the natural resources fund for
18.19grants to counties for boat and water safety.
18.20Any unencumbered balance does not cancel
18.21at the end of the first year and is available for
18.22the second year.
| 18.23 |
Subd. 8.Operations Support |
2,303,000 |
2,303,000 |
||||
| 18.24 |
Appropriations by Fund |
||
| 18.25 |
2012 |
2013 |
|
| 18.26 |
General |
881,000 |
881,000 |
| 18.27 |
Natural Resources |
481,000 |
481,000 |
| 18.28 |
Game and Fish |
941,000 |
941,000 |
18.30second year are from the natural resources
18.31fund for grants to be divided equally between
18.32the city of St. Paul for the Como Park Zoo
18.33and Conservatory and the city of Duluth
18.34for the Duluth Zoo. This appropriation
18.35is from the revenue deposited to the fund
19.1under Minnesota Statutes, section 297A.94,
19.2paragraph (e), clause (5).
| 19.3 19.4 |
Sec. 5. BOARD OF WATER AND SOIL RESOURCES |
$ |
10,304,000 |
$ |
10,304,000 |
||
19.6second year are for natural resources block
19.7grants to local governments. The board may
19.8reduce the amount of the natural resources
19.9block grant to a county by an amount equal to
19.10any reduction in the county's general services
19.11allocation to a soil and water conservation
19.12district from the county's previous year
19.13allocation when the board determines that
19.14the reduction was disproportionate. Grants
19.15must be matched with a combination of local
19.16cash or in-kind contributions. The base
19.17grant portion related to water planning must
19.18be matched by an amount as specified by
19.19Minnesota Statutes, section 103B.3369.
19.20$2,750,000 the first year and $2,750,000
19.21the second year are for grants requested
19.22by soil and water conservation districts for
19.23general purposes, nonpoint engineering, and
19.24implementation of the reinvest in Minnesota
19.25reserve program. Upon approval of the
19.26board, expenditures may be made from these
19.27appropriations for supplies and services
19.28benefiting soil and water conservation
19.29districts. Any district requesting a grant
19.30under this paragraph shall maintain a Web
19.31page that publishes, at a minimum, its annual
19.32plan, annual report, annual audit, annual
19.33budget, including membership dues, and
19.34meeting notices and minutes.
20.1$937,000 the first year and $937,000 the
20.2second year are for grants to soil and
20.3water conservation districts for cost-sharing
20.4contracts for erosion control, water quality
20.5management, feedlot water quality projects.
20.6$386,000 the first year and $386,000 the
20.7second year are for implementation and
20.8enforcement of the Wetland Conservation
20.9Act.
20.10$166,000 the first year and $166,000 the
20.11second year are to provide assistance to local
20.12drainage management officials and for the
20.13costs of the Drainage Work Group.
20.14$42,000 the first year and $42,000 the second
20.15year are for a grant to the Red River Basin
20.16Commission for water quality and floodplain
20.17management, including administration of
20.18programs. If the appropriation in either year
20.19is insufficient, the appropriation in the other
20.20year is available for it.
20.21$60,000 the first year and $60,000 the second
20.22year are for grants to Area II Minnesota River
20.23Basin Projects for floodplain management.
20.24$42,000 each year is to the Minnesota River
20.25Board for operating expenses to measure and
20.26report the results of projects in the 12 major
20.27watersheds within the Minnesota River basin.
20.28Notwithstanding Minnesota Statutes, section
20.29103C.501, the board may shift cost-share
20.30funds in this section and may adjust the
20.31technical and administrative assistance
20.32portion of the grant funds to leverage
20.33federal or other nonstate funds or to address
21.1high-priority needs identified in local water
21.2management plans.
21.3The appropriations for grants in this
21.4section are available until expended. If an
21.5appropriation for grants in either year is
21.6insufficient, the appropriation in the other
21.7year is available for it.
| 21.8 |
Sec. 6. METROPOLITAN COUNCIL |
$ |
8,540,000 |
$ |
8,540,000 |
||
| 21.9 |
Appropriations by Fund |
||
| 21.10 |
2012 |
2013 |
|
| 21.11 |
General |
2,870,000 |
2,870,000 |
| 21.12 |
Natural Resources |
5,670,000 |
5,670,000 |
21.14the second year are for metropolitan area
21.15regional parks operation and maintenance
21.16according to Minnesota Statutes, section
21.17473.351.
21.18$5,670,000 the first year and $5,670,000 the
21.19second year are from the natural resources
21.20fund for metropolitan area regional parks
21.21and trails maintenance and operations. This
21.22appropriation is from the revenue deposited
21.23in the natural resources fund under Minnesota
21.24Statutes, section 297A.94, paragraph (e),
21.25clause (3).
| 21.26 21.27 |
Sec. 7. CONSERVATION CORPS MINNESOTA |
$ |
746,000 |
$ |
646,000 |
||
| 21.28 |
Appropriations by Fund |
||
| 21.29 |
2012 |
2013 |
|
| 21.30 |
General |
256,000 |
156,000 |
| 21.31 |
Natural Resources |
490,000 |
490,000 |
21.33money appropriated from the natural
21.34resources fund under this section only
22.1as provided in an agreement with the
22.2commissioner of natural resources. The
22.3general fund appropriation is onetime.
| 22.4 |
Sec. 8. ZOOLOGICAL BOARD |
$ |
5,591,000 |
$ |
5,591,000 |
||
| 22.5 |
Appropriations by Fund |
||
| 22.6 |
2012 |
2013 |
|
| 22.7 |
General |
5,431,000 |
5,431,000 |
| 22.8 |
Natural Resources |
160,000 |
160,000 |
22.10second year are from the natural resources
22.11fund from the revenue deposited under
22.12Minnesota Statutes, section 297A.94,
22.13paragraph (e), clause (5).
| 22.16 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
22.18in this article.
| 22.24 |
Sec. 2. ENERGY FINANCE APPROPRIATIONS. |
||||||
22.26agencies and for the purposes specified in this article. The appropriations are from the
22.27general fund, or another named fund, and are available for the fiscal years indicated
22.28for each purpose. The figures "2012" and "2013" used in this article mean that the
22.29appropriations listed under them are available for the fiscal year ending June 30, 2012, or
22.30June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
22.31year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
22.32year ending June 30, 2011, are effective the day following final enactment.
| 22.33 |
APPROPRIATIONS |
||||||
| 22.34 |
Available for the Year |
||||||
| 23.1 |
Ending June 30 |
||||||
| 23.2 |
2012 |
2013 |
|||||
| 23.3 |
Sec. 3. DEPARTMENT OF COMMERCE |
||||||
| 23.4 |
Subdivision 1.Total Appropriation |
$ |
22,267,000 |
$ |
22,275,000 |
||
| 23.5 |
Appropriations by Fund |
||
| 23.6 |
2012 |
2013 |
|
| 23.7 |
General |
20,464,000 |
20,472,000 |
| 23.8 |
Petroleum Cleanup |
1,052,000 |
1,052,000 |
| 23.9 23.10 |
Workers' Compensation |
751,000 |
751,000 |
23.12purpose are specified in the following
23.13subdivisions.
| 23.14 |
Subd. 2.Financial Institutions |
7,124,000 |
7,128,000 |
||||
23.16the second year are for the regulation of
23.17mortgage originators and servicers under
23.18Minnesota Statutes, chapters 58 and 58A.
23.19$350,000 each year is for additional financial
23.20examination services. The commissioner
23.21may issue contracts for these services.
| 23.22 23.23 |
Subd. 3.Petroleum Tank Release Cleanup Board |
1,052,000 |
1,052,000 |
||||
23.25tank release cleanup fund.
| 23.26 |
Subd. 4.Administrative Services |
3,176,000 |
3,176,000 |
||||
23.28to $1,071,000 in fiscal year 2012 and
23.29$1,071,000 in fiscal year 2013 of the
23.30general fund reduction in this subdivision
23.31to other subdivisions of this section. The
23.32commissioner shall report by February
23.331, 2012, to the chairs of the legislative
23.34committees having primary jurisdiction over
24.1the Department of Commerce's operating
24.2budget regarding any redirection authorized
24.3in this subdivision.
24.4$375,000 each year is for additional
24.5compliance efforts with unclaimed property.
24.6The commissioner may issue contracts
24.7for these services. This additional amount
24.8shall be added to the base budget for fiscal
24.9years 2014 and 2015 only. The enhanced
24.10unclaimed property compliance program
24.11shall sunset June 30, 2015.
| 24.12 |
Subd. 5.Telecommunications |
1,010,000 |
1,010,000 |
||||
| 24.13 |
Subd. 6.Market Assurance |
6,915,000 |
6,919,000 |
||||
| 24.14 |
Appropriations by Fund |
||
| 24.15 |
2012 |
2013 |
|
| 24.16 |
General |
6,164,000 |
6,168,000 |
| 24.17 24.18 |
Workers' Compensation |
751,000 |
751,000 |
| 24.19 |
Subd. 7.Office of Energy Security |
2,990,000 |
2,990,000 |
||||
| 24.20 24.21 |
Sec. 4. TELECOMMUNICATIONS ACCESS MINNESOTA |
$ |
700,000 |
$ |
700,000 |
||
24.23the telecommunications access Minnesota
24.24fund.
24.25(b) $300,000 the first year and $300,000
24.26the second year are for transfer to the
24.27commissioner of human services to
24.28supplement the ongoing operational expenses
24.29of the Commission of Deaf, DeafBlind,
24.30and Hard-of-Hearing Minnesotans. This
24.31appropriation is from the telecommunication
24.32access Minnesota fund, and is added to the
24.33commission's base.
25.1(c) In addition to the appropriation
25.2authorized in Minnesota Statutes, section
25.3237.52, $400,000 the first year and $400,000
25.4the second year are onetime appropriations
25.5for the following purposes:
25.6(1) $230,000 each year is to the Office of
25.7Enterprise Technology for coordinating
25.8technology accessibility and usability;
25.9(2) $20,000 each year is to the Commission
25.10of Deaf, DeafBlind, and Hard-of-Hearing
25.11Minnesotans to provide information on their
25.12Web site in American Sign Language and to
25.13provide technical assistance to state agencies;
25.14and
25.15(3) $150,000 each year is to the Legislative
25.16Coordinating Commission to provide
25.17captioning of live streaming of legislative
25.18activity on the commission's Web site and
25.19for a consolidated access fund for other state
25.20agencies.
| 25.21 |
Sec. 5. PUBLIC UTILITIES COMMISSION |
$ |
6,182,000 |
$ |
6,182,000 |
||
| 25.22 |
Sec. 6. TRANSFERS |
||||||
25.24of management and budget shall transfer
25.25$6,950,000 from the special revenue fund to
25.26the general fund. The transfers must be from
25.27the following appropriation reductions and
25.28accounts with the special revenue fund:
25.29(1) $1,100,000 is from the
25.30telecommunications access Minnesota
25.31fund established in Minnesota Statutes,
25.32section 237.52;
26.1(2) $650,000 is from the Department of
26.2Commerce license technology surcharge
26.3account established in Minnesota Statutes,
26.4section 45.24;
26.5(3) $1,300,000 is from the energy and
26.6conservation account established in
26.7Minnesota Statutes, section 216B.241;
26.8(4) $950,000 is from the insurance fraud
26.9prevention account established in Minnesota
26.10Statutes, section 45.0135;
26.11(5) $1,500,000 is from the automobile theft
26.12prevention account established in Minnesota
26.13Statutes, section 168A.40;
26.14(6) $450,000 is from the real estate
26.15education, research and recovery fund
26.16established in Minnesota Statutes, section
26.1782.86. Notwithstanding Minnesota
26.18Statutes, section 82.86, subdivision 4, the
26.19commissioner shall not, in addition to the
26.20fee set forth in Minnesota Statutes, section
26.2182.86, subdivision 3, assess an additional fee
26.22to restore a balance in the fund; and
26.23(7) the commissioner of management and
26.24budget shall transfer $500,000 the first year
26.25and $500,000 the second year to the general
26.26fund from the telephone assistance program
26.27established in Minnesota Statutes, section
26.28237.69.
| 26.29 |
Sec. 7. TRANSFER; ASSIGNED RISK PLAN |
||||||
26.31of management and budget shall transfer
26.32$14,000,000 in assets of the workers'
26.33compensation assigned risk plan created
27.1under Minnesota Statutes, section 79.252, to
27.2the general fund.
27.3(b) By June 30, 2013, the commissioner
27.4of management and budget shall transfer
27.5$10,500,000 in assets of the workers'
27.6compensation assigned risk plan created
27.7under Minnesota Statutes, section 79.252, to
27.8the general fund.
| 27.9 |
Sec. 8. TRANSFERS IN |
||||||
27.11of the appropriation in Laws 2007, chapter
27.1257, article 2, section 3, subdivision 6, for
27.13biogas recovery facilities, estimated to be
27.14$420,000, is canceled to the general fund.
27.15(b) The remaining balance of the
27.16appropriation in Laws 2007, chapter 57,
27.17article 2, section 3, subdivision 6, clause
27.18(7), as amended by Laws 2008, chapter 340,
27.19section 5, for the Greenhouse Gas Advisory
27.20Group, estimated to be $7,000, is canceled to
27.21the general fund.
27.22(c) In the first year, the remaining balance of
27.23the appropriation in Laws 2007, chapter 57,
27.24article 2, section 3, subdivision 6, clause (5),
27.25for the hydrogen roadmap project, estimated
27.26to be $280,000, is canceled to the general
27.27fund.
27.28(d) The remaining balance of the
27.29appropriation in Laws 2008, chapter 363,
27.30article 6, section 3, subdivision 4, for
27.31renewable grants, estimated to be $368,000,
27.32is canceled to the general fund.
28.1(e) The remaining balance of the
28.2appropriation in Laws 2008, chapter 363,
28.3article 6, section 3, subdivision 4, for the
28.4green economy projects, estimated to be
28.5$59,000, is canceled to the general fund.
28.6(f) The remaining balance of the
28.7appropriation in Laws 2007, chapter 57,
28.8article 2, section 3, subdivision 6, clause
28.9(4), for automotive technology projects,
28.10estimated to be $22,000, is canceled to the
28.11general fund.
28.12(g) The remaining balance of the
28.13appropriation in Laws 2009, chapter 37,
28.14article 2, section 13, paragraph (b), clauses
28.15(1) and (2), for renewable energy and energy
28.16efficiency projects, estimated to be $600,000,
28.17is canceled to the general fund.
28.18 Sec. 9. COMMUNITY ENERGY ACTIVITIES; ASSESSMENT AND GRANT.
28.19The commissioner of commerce shall grant $500,000 in the fiscal year ending June
28.2030, 2012, from assessments made under Minnesota Statutes, section 216B.241, subdivision
28.211e, for the purpose of community energy technical assistance and outreach on renewable
28.22energy and energy efficiency as described in Minnesota Statutes, section 216C.385.
| 28.26 |
Section 1. MINNESOTA RESOURCES APPROPRIATIONS. |
||||||
28.28agencies and for the purposes specified in this article. The appropriations are from the
28.29environment and natural resources trust fund, or another named fund, and are available for
28.30the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
28.31article mean that the appropriations listed under them are available for the fiscal year
28.32ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
28.33"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
28.34appropriations in this article are onetime.
| 29.1 |
APPROPRIATIONS |
||||||
| 29.2 |
Available for the Year |
||||||
| 29.3 |
Ending June 30 |
||||||
| 29.4 |
2012 |
2013 |
|||||
| 29.5 |
Sec. 2. MINNESOTA RESOURCES |
||||||
| 29.6 |
Subdivision 1.Total Appropriation |
$ |
26,078,000 |
$ |
25,078,000 |
||
29.16years beginning July 1, 2011, unless
29.17otherwise stated in the appropriation. Any
29.18unencumbered balance remaining in the first
29.19year does not cancel and is available for the
29.20second year.
| 29.21 |
Subd. 2.Definitions |
||||||
29.23environment and natural resources trust fund
29.24referred to in Minnesota Statutes, section
29.25116P.02, subdivision 6.
29.26(b) "State land and water conservation
29.27account (LAWCON)" means the state land
29.28and water conservation account in the natural
29.29resources fund referred to in Minnesota
29.30Statutes, section 116P.14.
| 29.31 29.32 |
Subd. 3.Natural Resource Data and Information |
3,887,000 |
5,388,000 |
||||
29.34$1,125,000 the first year and $1,125,000
29.35the second year are from the trust fund
29.36to the commissioner of natural resources
30.1for continuation of the Minnesota county
30.2biological survey to provide a foundation
30.3for conserving biological diversity by
30.4systematically collecting, interpreting,
30.5and delivering data on plant and animal
30.6distribution and ecology, native plant
30.7communities, and functional landscapes.
30.8(b) County Geologic Atlases for
30.9Sustainable Water Management
30.10$900,000 the first year and $900,000 the
30.11second year are from the trust fund to
30.12accelerate the production of county geologic
30.13atlases to provide information essential to
30.14sustainable management of ground water
30.15resources by defining aquifer boundaries
30.16and the connection of aquifers to the land
30.17surface and surface water resources. Of
30.18this appropriation, $600,000 each year is
30.19to the Board of Regents of the University
30.20of Minnesota for the Geologic Survey and
30.21$300,000 each year is to the commissioner
30.22of natural resources. This appropriation
30.23is available until June 30, 2015, by which
30.24time the project must be completed and final
30.25products delivered.
30.26(c) Completion of Statewide Digital Soil
30.27Survey
30.28$250,000 the first year and $250,000 the
30.29second year are from the trust fund to
30.30the Board of Water and Soil Resources
30.31to accelerate the completion of county
30.32soil survey mapping and Web-based data
30.33delivery. The soil surveys must be done on a
30.34cost-share basis with local and federal funds.
31.1(d) Updating National Wetlands Inventory
31.2for Minnesota - Phase III
31.3$1,500,000 the second year is from the trust
31.4fund to the commissioner of natural resources
31.5to continue the update of wetland inventory
31.6maps for Minnesota. This appropriation
31.7is available until June 30, 2015, by which
31.8time the project must be completed and final
31.9products delivered.
31.10(e) Golden Eagle Survey
31.11$30,000 the first year and $30,000 the
31.12second year are from the trust fund to the
31.13commissioner of natural resources for an
31.14agreement with the National Eagle Center to
31.15increase the understanding of golden eagles
31.16in Minnesota through surveys and education.
31.17This appropriation is available until June
31.1830, 2014, by which time the project must be
31.19completed and final products delivered.
31.20(f) Determining Causes of Mortality in
31.21Moose Populations
31.22$300,000 the first year and $300,000 the
31.23second year are from the trust fund to
31.24the commissioner of natural resources to
31.25determine specific causes of moose mortality
31.26and population decline in Minnesota and
31.27to develop specific management actions to
31.28prevent further population decline. This
31.29appropriation is available until June 30,
31.302014, by which time the project must be
31.31completed and final products delivered.
31.32(g) Prairie Management for Wildlife and
31.33Bioenergy - Phase II
32.1$300,000 the first year and $300,000 the
32.2second year are from the trust fund to the
32.3Board of Regents of the University of
32.4Minnesota to research and evaluate methods
32.5of managing diverse working prairies for
32.6wildlife and renewable bioenergy production.
32.7This appropriation is available until June
32.830, 2014, by which time the project must be
32.9completed and final products delivered.
32.10(h) Evaluation of Biomass Harvesting
32.11Impacts on Minnesota's Forests
32.12$175,000 the first year and $175,000 the
32.13second year are from the trust fund to the
32.14Board of Regents of the University of
32.15Minnesota to assess the impacts biomass
32.16harvests for energy have on soil nutrients,
32.17native forest vegetation, invasive species
32.18spread, and long-term tree productivity within
32.19Minnesota's forests. This appropriation is
32.20available until June 30, 2014, by which time
32.21the project must be completed and final
32.22products delivered.
32.23(i) Change and Resilience in Boreal Forests
32.24in Northern Minnesota
32.25$75,000 the first year and $75,000 the second
32.26year are from the trust fund to the Board
32.27of Regents of the University of Minnesota
32.28to assess the potential response of northern
32.29Minnesota's boreal forests to observed and
32.30predicted changes in climate conditions and
32.31develop related management guidelines and
32.32adaptation strategies. This appropriation
32.33is available until June 30, 2014, by which
32.34time the project must be completed and final
32.35products delivered.
33.1(j) Information System for Wildlife and
33.2Aquatic Management Areas
33.3$250,000 the first year and $250,000 the
33.4second year are from the trust fund to the
33.5commissioner of natural resources to develop
33.6an information system to facilitate improved
33.7management of wildlife and fish habitat and
33.8facilities. This appropriation is available
33.9until June 30, 2014, by which time the
33.10project must be completed and final products
33.11delivered.
33.12(k) Strengthening Natural Resource
33.13Management with LiDAR Training
33.14$90,000 the first year and $90,000 the second
33.15year are from the trust fund to the Board of
33.16Regents of the University of Minnesota to
33.17provide workshops and Web-based training
33.18and information on the use of LiDAR
33.19elevation data in planning for and managing
33.20natural resources.
33.21(l) Measuring Conservation Practice
33.22Outcomes
33.23$170,000 the first year and $170,000 the
33.24second year are from the trust fund to
33.25the Board of Water and Soil Resources
33.26to improve measurement of impacts of
33.27conservation practices through refinement
33.28of existing and development of new
33.29pollution estimators and by providing local
33.30government training.
33.31(m) Conservation-Based Approach for
33.32Assessing Public Drainage Benefits
33.33$75,000 the first year and $75,000 the second
33.34year are from the trust fund to the Board
34.1of Water and Soil Resources to develop an
34.2alternative framework to assess drainage
34.3benefits on public systems to enhance water
34.4conservation. This appropriation is available
34.5until June 30, 2014, by which time the
34.6project must be completed and final products
34.7delivered.
34.8(n) Mississippi River Central Minnesota
34.9Conservation Planning
34.10$87,000 the first year and $88,000 the
34.11second year are from the trust fund to the
34.12commissioner of natural resources for an
34.13agreement with Stearns County Soil and
34.14Water Conservation District to develop
34.15and adopt river protection strategies in
34.16cooperation with local jurisdictions in
34.17the communities of the 26 miles of the
34.18Mississippi River between Benton and
34.19Stearns Counties. This appropriation must
34.20be matched by $175,000 of nonstate cash or
34.21qualifying in-kind funds.
34.22(o) Saint Croix Basin Conservation
34.23Planning and Protection
34.24$60,000 the first year and $60,000 the
34.25second year are from the trust fund to
34.26the commissioner of natural resources for
34.27an agreement with the St. Croix River
34.28Association to develop an interagency plan
34.29to identify and prioritize critical areas for
34.30project implementation to improve watershed
34.31health. This appropriation must be matched
34.32by $120,000 of nonstate cash or qualifying
34.33in-kind funds. Up to $10,000 may be retained
34.34by the Department of Natural Resources at
34.35the request of the St. Croix River Association
35.1to provide technical and mapping assistance.
35.2This appropriation is available until June
35.330, 2014, by which time the project must be
35.4completed and final products delivered.
| 35.5 |
Subd. 4.Land, Habitat, and Recreation |
14,252,000 |
13,505,000 |
||||
| 35.6 |
Summary by Fund |
||
| 35.7 35.8 35.9 |
Environment and natural resources trust fund |
13,502,000 |
13,505,000 |
| 35.10 35.11 35.12 |
State land and water conservation account (LAWCON) |
750,000 |
-0- |
35.14Operations
35.15$1,500,000 the first year and $1,500,000 the
35.16second year are from the trust fund to the
35.17commissioner of natural resources for state
35.18park and recreation area operations.
35.19(b) State Parks and Trails Land
35.20Acquisition
35.21$1,500,000 the first year and $1,500,000 the
35.22second year are from the trust fund to the
35.23commissioner of natural resources to acquire
35.24state trails and critical parcels within the
35.25statutory boundaries of state parks. State
35.26park land acquired with this appropriation
35.27must be sufficiently improved to meet at
35.28least minimum management standards, as
35.29determined by the commissioner of natural
35.30resources. A list of proposed acquisitions
35.31must be provided as part of the required work
35.32program. This appropriation is available
35.33until June 30, 2014, by which time the
35.34project must be completed and final products
35.35delivered.
36.1(c) Metropolitan Regional Park System
36.2Acquisition
36.3$1,125,000 the first year and $1,125,000
36.4the second year are from the trust fund to
36.5the Metropolitan Council for grants for the
36.6acquisition of lands within the approved park
36.7unit boundaries of the metropolitan regional
36.8park system. This appropriation may not
36.9be used for the purchase of residential
36.10structures. A list of proposed fee title and
36.11easement acquisitions must be provided as
36.12part of the required work program. This
36.13appropriation must be matched by at least
36.1440 percent of nonstate money and must be
36.15committed by December 31, 2011, or the
36.16appropriation cancels. This appropriation
36.17is available until June 30, 2014, at which
36.18time the project must be completed and final
36.19products delivered, unless an earlier date is
36.20specified in the work program.
36.21(d) Regional Park, Trail, and Connection
36.22Acquisition and Development Grants
36.23$1,000,000 the first year and $1,000,000 the
36.24second year are from the trust fund to the
36.25commissioner of natural resources to provide
36.26matching grants to local units of government
36.27for acquisition and development of regional
36.28parks, regional trails, and trail connections.
36.29The local match required for a grant to
36.30acquire a regional park or regional outdoor
36.31recreation area is two dollars of nonstate
36.32money for each three dollars of state money.
36.33This appropriation is available until June
36.3430, 2014, by which time the project must be
36.35completed and final products delivered.
37.1(e) Scientific and Natural Area Acquisition
37.2and Restoration
37.3$820,000 the first year and $820,000 the
37.4second year are from the trust fund to
37.5the commissioner of natural resources
37.6to acquire lands with high-quality native
37.7plant communities and rare features to be
37.8established as scientific and natural areas
37.9as provided in Minnesota Statutes, section
37.1086A.05, subdivision 5, restore parts of
37.11scientific and natural areas, and provide
37.12technical assistance and outreach. A list
37.13of proposed acquisitions must be provided
37.14as part of the required work program.
37.15Land acquired with this appropriation
37.16must be sufficiently improved to meet at
37.17least minimum management standards, as
37.18determined by the commissioner of natural
37.19resources. This appropriation is available
37.20until June 30, 2014, by which time the
37.21project must be completed and final products
37.22delivered.
37.23(f) LaSalle Lake State Recreation Area
37.24Acquisition
37.25$1,000,000 the first year and $1,000,000
37.26the second year are from the trust fund to
37.27the commissioner of natural resources for
37.28an agreement with The Trust for Public
37.29Land to acquire approximately 190 acres
37.30to be designated as a state recreation area
37.31as provided in Minnesota Statutes, section
37.3286A.05, subdivision 3, on LaSalle Lake
37.33adjacent to the upper Mississippi River. If
37.34this acquisition is not completed by July
37.3515, 2012, then the appropriation is available
38.1to the Department of Natural Resources
38.2for other state park and recreation area
38.3acquisitions on the priority list. Up to
38.4$10,000 may be retained by the Department
38.5of Natural Resources at the request of
38.6The Trust for Public Land for transaction
38.7costs, associated professional services, and
38.8restoration needs.
38.9(g) Minnesota River Valley Green
38.10Corridor Scientific and Natural Area
38.11Acquisition
38.12$1,000,000 the first year and $1,000,000
38.13the second year are from the trust fund
38.14to the commissioner of natural resources
38.15for an agreement with the Redwood Area
38.16Communities Foundation to acquire lands
38.17with high-quality native plant communities
38.18and rare features to be established as scientific
38.19and natural areas as provided in Minnesota
38.20Statutes, section 86A.05, subdivision 5. A list
38.21of proposed acquisitions must be provided
38.22as part of the required work program.
38.23Land acquired with this appropriation
38.24must be sufficiently improved to meet at
38.25least minimum management standards, as
38.26determined by the commissioner of natural
38.27resources. Up to $54,000 may be retained by
38.28the Department of Natural Resources at the
38.29request of the Redwood Area Communities
38.30Foundation for transaction costs, associated
38.31professional services, and restoration needs.
38.32This appropriation is available until June
38.3330, 2014, by which time the project must be
38.34completed and final products delivered.
39.1(h) Native Prairie Stewardship and Native
39.2Prairie Bank Acquisition
39.3$500,000 the first year and $500,000 the
39.4second year are from the trust fund to the
39.5commissioner of natural resources to acquire
39.6native prairie bank easements, prepare
39.7baseline property assessments, restore and
39.8enhance native prairie sites, and provide
39.9technical assistance to landowners. This
39.10appropriation is available until June 30,
39.112014, by which time the project must be
39.12completed and final products delivered.
39.13(i) Metropolitan Conservation Corridors
39.14(MeCC) - Phase VI
39.15$1,737,000 the first year and $1,738,000
39.16the second year are from the trust fund
39.17to the commissioner of natural resources
39.18for the acceleration of agency programs
39.19and cooperative agreements. Of this
39.20appropriation, $150,000 the first year
39.21and $150,000 the second year are to the
39.22commissioner of natural resources for
39.23agency programs and $3,175,000 is for the
39.24agreements as follows: $100,000 the first
39.25year and $100,000 the second year with
39.26Friends of the Mississippi River; $517,000
39.27the first year and $518,000 the second year
39.28with Dakota County; $200,000 the first year
39.29and $200,000 the second year with Great
39.30River Greening; $220,000 the first year and
39.31$220,000 the second year with Minnesota
39.32Land Trust; $300,000 the first year and
39.33$300,000 the second year with Minnesota
39.34Valley National Wildlife Refuge Trust, Inc.;
39.35and $250,000 the first year and $250,000
40.1the second year with The Trust for Public
40.2Land for planning, restoring, and protecting
40.3priority natural areas in the metropolitan area,
40.4as defined under Minnesota Statutes, section
40.5473.121, subdivision 2, and portions of the
40.6surrounding counties, through contracted
40.7services, technical assistance, conservation
40.8easements, and fee title acquisition. Land
40.9acquired with this appropriation must
40.10be sufficiently improved to meet at least
40.11minimum management standards, as
40.12determined by the commissioner of natural
40.13resources. Expenditures are limited to the
40.14identified project corridor areas as defined
40.15in the work program. This appropriation
40.16may not be used for the purchase of
40.17habitable residential structures, unless
40.18expressly approved in the work program. All
40.19conservation easements must be perpetual
40.20and have a natural resource management
40.21plan. Any land acquired in fee title by the
40.22commissioner of natural resources with
40.23money from this appropriation must be
40.24designated as an outdoor recreation unit
40.25under Minnesota Statutes, section 86A.07.
40.26The commissioner may similarly designate
40.27any lands acquired in less than fee title. A
40.28list of proposed restorations and fee title
40.29and easement acquisitions must be provided
40.30as part of the required work program. An
40.31entity that acquires a conservation easement
40.32with appropriations from the trust fund
40.33must have a long-term stewardship plan
40.34for the easement and a fund established for
40.35monitoring and enforcing the agreement.
40.36Money appropriated from the trust fund for
41.1easement acquisition may be used to establish
41.2a monitoring, management, and enforcement
41.3fund as approved in the work program. An
41.4annual financial report is required for any
41.5monitoring, management, and enforcement
41.6fund established, including expenditures
41.7from the fund. This appropriation is available
41.8until June 30, 2014, by which time the
41.9project must be completed and final products
41.10delivered.
41.11(j) Habitat Conservation Partnership
41.12(HCP) - Phase VII
41.13$1,737,000 the first year and $1,738,000
41.14the second year are from the trust fund
41.15to the commissioner of natural resources
41.16for the acceleration of agency programs
41.17and cooperative agreements. Of this
41.18appropriation, $125,000 the first year
41.19and $125,000 the second year are to the
41.20commissioner of natural resources for
41.21agency programs and $3,225,000 is for
41.22agreements as follows: $637,000 the first
41.23year and $638,000 the second year with
41.24Ducks Unlimited, Inc.; $38,000 the first year
41.25and $37,000 the second year with Friends
41.26of Detroit Lakes Wetland Management
41.27District; $25,000 the first year and $25,000
41.28the second year with Leech Lake Band of
41.29Ojibwe; $225,000 the first year and $225,000
41.30the second year with Minnesota Land Trust;
41.31$200,000 the first year and $200,000 the
41.32second year with Minnesota Valley National
41.33Wildlife Refuge Trust, Inc.; $242,000 the
41.34first year and $243,000 the second year
41.35with Pheasants Forever, Inc.; and $245,000
41.36the first year and $245,000 the second year
42.1with The Trust for Public Land to plan,
42.2restore, and acquire fragmented landscape
42.3corridors that connect areas of quality habitat
42.4to sustain fish, wildlife, and plants. The
42.5United States Department of Agriculture,
42.6Natural Resources Conservation Service,
42.7is an authorized cooperating partner in the
42.8appropriation. Expenditures are limited to
42.9the project corridor areas as defined in the
42.10work program. Land acquired with this
42.11appropriation must be sufficiently improved
42.12to meet at least minimum habitat and facility
42.13management standards, as determined by
42.14the commissioner of natural resources.
42.15This appropriation may not be used for the
42.16purchase of habitable residential structures,
42.17unless expressly approved in the work
42.18program. All conservation easements must
42.19be perpetual and have a natural resource
42.20management plan. Any land acquired in fee
42.21title by the commissioner of natural resources
42.22with money from this appropriation must
42.23be designated as an outdoor recreation unit
42.24under Minnesota Statutes, section 86A.07.
42.25The commissioner may similarly designate
42.26any lands acquired in less than fee title. A
42.27list of proposed restorations and fee title
42.28and easement acquisitions must be provided
42.29as part of the required work program. An
42.30entity who acquires a conservation easement
42.31with appropriations from the trust fund
42.32must have a long-term stewardship plan
42.33for the easement and a fund established for
42.34monitoring and enforcing the agreement.
42.35Money appropriated from the trust fund for
42.36easement acquisition may be used to establish
43.1a monitoring, management, and enforcement
43.2fund as approved in the work program. An
43.3annual financial report is required for any
43.4monitoring, management, and enforcement
43.5fund established, including expenditures
43.6from the fund. This appropriation is available
43.7until June 30, 2014, by which time the
43.8project must be completed and final products
43.9delivered.
43.10(k) Natural and Scenic Area Acquisition
43.11Grants
43.12$500,000 the first year and $500,000 the
43.13second year are from the trust fund to the
43.14commissioner of natural resources to provide
43.15matching grants to local governments for
43.16acquisition of natural and scenic areas, as
43.17provided in Minnesota Statutes, section
43.1885.019, subdivision 4a. This appropriation
43.19is available until June 30, 2014, by which
43.20time the project must be completed and final
43.21products delivered.
43.22(l) Acceleration of Minnesota Conservation
43.23Assistance
43.24$313,000 the first year and $312,000 the
43.25second year are from the trust fund to the
43.26Board of Water and Soil Resources to provide
43.27grants to soil and water conservation districts
43.28to provide technical assistance to secure
43.29enrollment and retention of private lands in
43.30federal and state programs for conservation.
43.31(m) Conservation Easement Stewardship
43.32and Enforcement Program - Phase II
43.33$250,000 the first year and $250,000 the
43.34second year are from the trust fund to
44.1the commissioner of natural resources to
44.2accelerate the implementation of the Phase
44.3I Conservation Easement Stewardship Plan
44.4being developed with an appropriation
44.5from Laws 2008, chapter 367, section 2,
44.6subdivision 5, paragraph (h).
44.7(n) Recovery of At-Risk Native Prairie
44.8Species
44.9$73,000 the first year and $74,000 the second
44.10year are from the trust fund to the Board of
44.11Water and Soil Resources for an agreement
44.12with the Martin County Soil and Water
44.13Conservation District to collect, propagate,
44.14and plant declining, at-risk native species
44.15on protected habitat and to enhance private
44.16market sources for local ecotype native seed.
44.17This appropriation is available until June
44.1830, 2014, by which time the project must be
44.19completed and final products delivered.
44.20(o) Understanding Threats, Genetic
44.21Diversity, and Conservation Options for
44.22Wild Rice
44.23$97,000 the first year and $98,000 the second
44.24year are from the trust fund to the Board
44.25of Regents of the University of Minnesota
44.26to research the genetic diversity of wild
44.27rice population throughout Minnesota for
44.28use in related conservation and restoration
44.29efforts. This appropriation is contingent upon
44.30demonstration of review and cooperation
44.31with the Native American tribal nations
44.32in Minnesota. Equipment purchased with
44.33this appropriation must be available for
44.34future publicly funded projects at no charge
44.35except for typical operating expenses. This
45.1appropriation is available until June 30,
45.22014, by which time the project must be
45.3completed and final products delivered.
45.4(p) Southeast Minnesota Stream
45.5Restoration
45.6$125,000 the first year and $125,000 the
45.7second year are from the trust fund to the
45.8commissioner of natural resources for an
45.9agreement with Trout Unlimited to restore at
45.10least four miles of riparian corridor for trout
45.11and nongame species in southeast Minnesota
45.12and increase local capacities to implement
45.13stream restoration through training and
45.14technical assistance. This appropriation is
45.15available until June 30, 2014, by which time
45.16the project must be completed and final
45.17products delivered.
45.18(q) Restoration Strategies for Ditched
45.19Peatland Scientific and Natural Areas
45.20$100,000 the first year and $100,000 the
45.21second year are from the trust fund to the
45.22commissioner of natural resources to evaluate
45.23the hydrology and habitat of the Winter Road
45.24Lake peatland watershed protection area to
45.25determine the effects of ditch abandonment
45.26and examine the potential for restoration
45.27of patterned peatlands. This appropriation
45.28is available until June 30, 2014, by which
45.29time the project must be completed and final
45.30products delivered.
45.31(r) Northeast Minnesota White Cedar
45.32Plant Community Restoration
45.33$125,000 for the first year and $125,000
45.34the second year are from the trust fund to
46.1the Board of Water and Soil Resources to
46.2assess the decline of northern white cedar
46.3plant communities in northeast Minnesota,
46.4prioritize cedar sites for restoration, and
46.5provide cedar restoration training to local
46.6units of government.
46.7(s) Land and Water Conservation Account
46.8(LAWCON) Federal Reimbursement
46.9$750,000 is from the state land and water
46.10conservation account (LAWCON) in the
46.11natural resources fund to the commissioner of
46.12natural resources for priorities established by
46.13the commissioner for eligible state projects
46.14and administrative and planning activities
46.15consistent with Minnesota Statutes, section
46.16116P.14, and the federal Land and Water
46.17Conservation Fund Act. This appropriation
46.18is available until June 30, 2014, by which
46.19time the project must be completed and final
46.20products delivered.
| 46.21 |
Subd. 5.Water Resources |
778,000 |
779,000 |
||||
46.23Identification
46.24$80,000 the first year and $80,000 the
46.25second year are from the trust fund to the
46.26commissioner of natural resources for an
46.27agreement with Itasca County Soil and Water
46.28Conservation District to identify sensitive
46.29lakeshore and restorable shoreline in Itasca
46.30County. Up to $130,000 may be retained by
46.31the Department of Natural Resources at the
46.32request of Itasca County to provide technical
46.33assistance.
47.1(b) Trout Stream Springshed Mapping in
47.2Southeast Minnesota - Phase III
47.3$250,000 the first year and $250,000 the
47.4second year are from the trust fund to
47.5continue to identify and delineate water
47.6supply areas and springsheds for springs
47.7serving as cold water sources for trout
47.8streams and to assess the impacts from
47.9development and water appropriations. Of
47.10this appropriation, $140,000 each year is to
47.11the Board of Regents of the University of
47.12Minnesota and $110,000 each year is to the
47.13commissioner of natural resources.
47.14(c) Mississippi River Water Quality
47.15Assessment
47.16$278,000 the first year and $279,000 the
47.17second year are from the trust fund to the
47.18Board of Regents of the University of
47.19Minnesota to assess water quality in the
47.20Mississippi River using DNA sequencing
47.21approaches and chemical analyses. The
47.22assessments shall be incorporated into
47.23a Web-based educational tool for use
47.24in classrooms and public exhibits. This
47.25appropriation is available until June 30,
47.262014, by which time the project must be
47.27completed and final products delivered.
47.28(d) Zumbro River Watershed Restoration
47.29Prioritization
47.30$75,000 the first year and $75,000 the
47.31second year are from the trust fund to the
47.32commissioner of natural resources for an
47.33agreement with the Zumbro Watershed
47.34Partnership, Inc. to identify sources of
47.35erosion and runoff in the Zumbro River
48.1Watershed in order to prioritize restoration
48.2and protection projects.
48.3(e) Assessment of Minnesota River
48.4Antibiotic Concentrations
48.5$95,000 the first year and $95,000 the
48.6second year are from the trust fund to the
48.7commissioner of natural resources for an
48.8agreement with Saint Thomas University
48.9in cooperation with Gustavus Adolphus
48.10College and the University of Minnesota
48.11to measure antibiotic concentrations and
48.12antibiotic resistance levels at sites on the
48.13Minnesota River.
| 48.14 48.15 |
Subd. 6.Aquatic and Terrestrial Invasive Species |
435,000 |
435,000 |
||||
48.17Microbes in Ballast Water
48.18$125,000 the first year and $125,000 the
48.19second year are from the trust fund to the
48.20Board of Regents of the University of
48.21Minnesota for the University of Minnesota
48.22Duluth to identify and analyze potentially
48.23harmful bacteria transported into Lake
48.24Superior through ship ballast water
48.25discharge. This appropriation is available
48.26until June 30, 2014, by which time the
48.27project must be completed and final products
48.28delivered.
48.29(b) Emerald Ash Borer Biocontrol
48.30Research and Implementation
48.31$250,000 the first year and $250,000 the
48.32second year are from the trust fund to the
48.33commissioner of agriculture to assess a
48.34biocontrol method for suppressing emerald
49.1ash borers by testing bioagent winter survival
49.2potential, developing release and monitoring
49.3methods, and piloting implementation
49.4of emerald ash borer biocontrol. This
49.5appropriation is available until June 30,
49.62014, by which time the project must be
49.7completed and final products delivered.
49.8(c) Evaluation of Switchgrass as Biofuel
49.9Crop
49.10$60,000 the first year and $60,000 the second
49.11year are from the trust fund to the Minnesota
49.12State Colleges and Universities System for
49.13Central Lakes College in cooperation with
49.14the University of Minnesota to determine
49.15the invasion risk of selectively bred
49.16native grasses for biofuel production and
49.17develop strategies to minimize the invasion
49.18potential and impacts on biodiversity. This
49.19appropriation is available until June 30,
49.202014, by which time the project must be
49.21completed and final products delivered.
| 49.22 |
Subd. 7.Renewable Energy and Air Quality |
75,000 |
75,000 |
||||
49.24Sustainable Bioenergy Projects
49.25$75,000 the first year and $75,000 the
49.26second year are from the trust fund to
49.27the commissioner of natural resources
49.28for an agreement with Dovetail Partners,
49.29Inc., in cooperation with the University of
49.30Minnesota to assess feasibility, impacts,
49.31and management needs of community-scale
49.32forest bioenergy systems through pilot
49.33studies in Ely and Cook County and to
49.34disseminate findings to inform related efforts
49.35in other communities.
| 50.1 |
Subd. 8.Environmental Education |
123,000 |
123,000 |
||||
50.3Energy Conservation in West Central and
50.4Southwest Minnesota
50.5$123,000 the first year and $123,000 the
50.6second year are from the trust fund to
50.7the commissioner of natural resources
50.8for an agreement with Prairie Woods
50.9Environmental Learning Center to initiate
50.10youth-led renewable energy and conservation
50.11projects in over thirty communities in west
50.12central and southwest Minnesota.
| 50.13 |
Subd. 9.Emerging Issues |
5,964,000 |
4,213,000 |
||||
50.15Academy
50.16$100,000 the first year and $100,000 the
50.17second year are from the trust fund to
50.18the Board of Water and Soil Resources
50.19in cooperation with Conservation Corps
50.20Minnesota to train and mentor future
50.21conservation professionals by providing
50.22apprenticeship service opportunities to
50.23soil and water conservation districts. This
50.24appropriation is available until June 30,
50.252014, by which time the project must be
50.26completed and the final products delivered.
50.27(b) Wild Rice Standards
50.28$1,000,000 the first year is from the trust
50.29fund to the commissioner of the Pollution
50.30Control Agency for a wild rice standards
50.31study. This appropriation is available until
50.32June 30, 2015.
51.1(c) Chronic Wasting Disease and Animal
51.2Health
51.3$600,000 the first year and $600,000 the
51.4second year are from the trust fund to the
51.5commissioner of natural resources to address
51.6chronic wasting disease and accelerate
51.7wildlife health programs.
51.8(d) Aquatic Invasive Species
51.9$2,177,000 the first year and $3,513,000
51.10the second year are from the trust fund
51.11to the commissioner of natural resources
51.12to accelerate aquatic invasive species
51.13programs, including the development
51.14and implementation of best management
51.15practices for public water access facilities
51.16to implement aquatic invasive species
51.17prevention strategies. $50,000 is for a grant
51.18to develop and produce a documentary
51.19identifying the challenges presented by
51.20aquatic invasive species. The documentary
51.21shall be available to the Department of
51.22Natural Resources to distribute to watercraft
51.23license purchasers and the general public
51.24through online and other media.
51.25(e) Coon Rapids Dam
51.26$442,000 the first year is from the trust fund
51.27to the commissioner of natural resources
51.28for a grant to Three Rivers Park District for
51.29predesign and design of the Coon Rapids
51.30Dam for improvements and to function as a
51.31barrier to invasive fish.
51.32(f) Reinvest in Minnesota Wetlands
51.33Reserve Acquisition and Restoration
51.34Program Partnership
52.1$1,645,000 the first year is to the Board
52.2of Water and Soil Resources to acquire
52.3permanent conservation easements and
52.4restore wetlands and associated upland
52.5habitat in cooperation with the United States
52.6Department of Agriculture Wetlands Reserve
52.7Program. A list of proposed land acquisitions
52.8must be provided as part of the required work
52.9program.
| 52.10 52.11 |
Subd. 10.Administration and Contract Management |
564,000 |
560,000 |
||||
52.13Minnesota Resources (LCCMR)
52.14$473,000 the first year and $473,000 the
52.15second year are from the trust fund to the
52.16LCCMR for administration as provided
52.17in Minnesota Statutes, section 116P.09,
52.18subdivision 5.
52.19(b) Contract Management
52.20$88,000 the first year and $87,000 the
52.21second year are from the trust fund to
52.22the commissioner of natural resources
52.23for expenses incurred for contract fiscal
52.24services for the agreements specified in this
52.25section. The commissioner shall provide
52.26documentation to the Legislative-Citizen
52.27Commission on Minnesota Resources
52.28on the expenditure of these funds. This
52.29appropriation is available until June 30, 2014.
52.30(c) LCC Web Site
52.31$3,000 in the first year is appropriated to the
52.32Legislative Coordinating Commission for
52.33the Web site required in Minnesota Statutes,
52.34section 3.303, subdivision 10.
| 53.1 |
Subd. 11.Availability of Appropriations |
||||||
53.3not be spent on activities unless they are
53.4directly related to the specific appropriation
53.5and are specified in the approved work
53.6program. Money appropriated in this section
53.7must not be spent on indirect costs or other
53.8institutional overhead charges. Unless
53.9otherwise provided, the amounts in this
53.10section are available until June 30, 2013,
53.11when projects must be completed and final
53.12products delivered. For acquisition of real
53.13property, the amounts in this section are
53.14available until June 30, 2014, if a binding
53.15contract is entered into by June 30, 2013,
53.16and closed not later than June 30, 2014. If
53.17a project receives a federal grant, the time
53.18period of the appropriation is extended to
53.19equal the federal grant period.
| 53.20 |
Subd. 12. Data Availability Requirements |
||||||
53.22this section must conform to guidelines and
53.23standards adopted by the Office of Enterprise
53.24Technology. Spatial data also must conform
53.25to additional guidelines and standards
53.26designed to support data coordination and
53.27distribution that have been published by the
53.28Minnesota Geospatial Information Office.
53.29Descriptions of spatial data must be prepared
53.30as specified in the state's geographic metadata
53.31guideline and must be submitted to the
53.32Minnesota Geospatial Information Office.
53.33All data must be accessible and free to the
53.34public unless made private under the Data
54.1Practices Act, Minnesota Statutes, chapter
54.213.
54.3To the extent practicable, summary data and
54.4results of projects funded under this section
54.5should be readily accessible on the Internet
54.6and identified as an environment and natural
54.7resources trust fund project.
| 54.8 |
Subd. 13.Project Requirements |
||||||
54.10appropriation under this section, any agency
54.11or entity receiving an appropriation or a
54.12party to an agreement from an appropriation
54.13must comply with paragraphs (b) to (k) and
54.14Minnesota Statutes, chapter 116P, and must
54.15submit a work program and semiannual
54.16progress reports in the form determined
54.17by the Legislative-Citizen Commission on
54.18Minnesota Resources for any project funded
54.19in whole or in part with funds from the
54.20appropriation.
54.21(b) For all restorations conducted with money
54.22appropriated under this section, a recipient
54.23must prepare an ecological restoration
54.24and management plan that, to the degree
54.25practicable, is consistent with the highest
54.26quality conservation and ecological goals for
54.27the restoration site. Consideration should
54.28be given to soil, geology, topography, and
54.29other relevant factors that would provide
54.30the best chance for long-term success of the
54.31restoration projects. The plan must include
54.32the proposed timetable for implementing
54.33the restoration, including site preparation,
54.34establishment of diverse plant species,
54.35maintenance, and additional enhancement to
55.1establish the restoration; identify long-term
55.2maintenance and management needs of
55.3the restoration and how the maintenance,
55.4management, and enhancement will be
55.5financed; and take advantage of the best
55.6available science and include innovative
55.7techniques to achieve the best restoration.
55.8(c) Any entity receiving an appropriation in
55.9this section for restoration activities must
55.10provide an initial restoration evaluation
55.11at the completion of the appropriation
55.12and an evaluation three years beyond the
55.13completion of the expenditure. Restorations
55.14must be evaluated relative to the stated
55.15goals and standards in the restoration plan,
55.16current science, and, when applicable, the
55.17Board of Water and Soil Resources' native
55.18vegetation establishment and enhancement
55.19guidelines. The evaluation shall determine
55.20whether the restorations are meeting planned
55.21goals, identify any problems with the
55.22implementation of the restorations, and,
55.23if necessary, give recommendations on
55.24improving restorations. The evaluation shall
55.25be focused on improving future restorations.
55.26(d) Except as otherwise provided in this
55.27section, all restoration and enhancement
55.28projects funded with money appropriated in
55.29this section must be on land permanently
55.30protected by a conservation easement or
55.31public ownership or in public waters as
55.32defined in Minnesota Statutes, section
55.33103G.005, subdivision 15.
55.34(e) A recipient of money from an
55.35appropriation under this section must
56.1give consideration to contracting with
56.2Conservation Corps Minnesota or its
56.3successor for contract restoration and
56.4enhancement services.
56.5(f) All conservation easements acquired with
56.6money appropriated under this section must:
56.7(1) be perpetual;
56.8(2) specify the parties to an easement in the
56.9easement;
56.10(3) specify all of the provisions of an
56.11agreement that are perpetual;
56.12(4) be sent to the Office of the
56.13Legislative-Citizen Commission on
56.14Minnesota Resources in an electronic format;
56.15(5) include a long-term monitoring and
56.16enforcement plan and funding for monitoring
56.17and enforcing the easement agreement; and
56.18(6) include requirements in the easement
56.19document to address specific water quality
56.20protection activities such as keeping water
56.21on the landscape, reducing nutrient and
56.22contaminant loading, protecting groundwater,
56.23and not permitting artificial hydrological
56.24modifications.
56.25(g) For any acquisition of land or interest in
56.26land, a recipient of money appropriated under
56.27this section must give priority to high quality
56.28natural resources or conservation lands that
56.29provide natural buffers to water resources.
56.30(h) For new lands acquired with money
56.31appropriated under this section, a recipient
56.32must prepare a restoration and management
56.33plan in compliance with paragraph
57.1(b), including sufficient funding for
57.2implementation unless the work program
57.3addresses why a portion of the money is
57.4not necessary to achieve a high quality
57.5restoration.
57.6(i) To the extent an appropriation is used to
57.7acquire an interest in real property, a recipient
57.8of an appropriation under this section must
57.9provide to the Legislative-Citizen
57.10Commission on Minnesota Resources and
57.11the commissioner of management and budget
57.12an analysis of increased operations and
57.13maintenance costs likely to be incurred by
57.14public entities as a result of the acquisition
57.15and how these costs are to be paid.
57.16(j) To ensure public accountability for the
57.17use of public funds, a recipient of money
57.18appropriated under this section must provide
57.19to the Legislative-Citizen Commission on
57.20Minnesota Resources documentation of the
57.21selection process used to identify parcels
57.22acquired and provide documentation of all
57.23related transaction costs, including but not
57.24limited to appraisals, legal fees, recording
57.25fees, commissions, other similar costs,
57.26and donations. This information must be
57.27provided for all parties involved in the
57.28transaction. The recipient must also report
57.29to the Legislative-Citizen Commission on
57.30Minnesota Resources any difference between
57.31the acquisition amount paid to the seller
57.32and the state-certified or state-reviewed
57.33appraisal, if a state-certified or state-reviewed
57.34appraisal was conducted. Acquisition data
57.35such as appraisals may remain private
57.36during negotiations but must ultimately
58.1be made public according to Minnesota
58.2Statutes, chapter 13. The Legislative-Citizen
58.3Commission on Minnesota Resources shall
58.4review the requirement in this paragraph
58.5and provide a recommendation on whether
58.6to continue or modify the requirement in
58.7future years. The commission may waive
58.8the application of this paragraph for specific
58.9projects.
58.10(k) A recipient of an appropriation from
58.11the trust fund under this section must
58.12acknowledge financial support from the
58.13Minnesota environment and natural resources
58.14trust fund in project publications, signage,
58.15and other public communications and
58.16outreach related to work completed using the
58.17appropriation. Acknowledgment may occur,
58.18as appropriate, through use of the trust fund
58.19logo or inclusion of language attributing
58.20support from the trust fund.
| 58.21 58.22 |
Subd. 14.Payment Conditions and Capital Equipment Expenditures |
||||||
58.24to in this section must be administered on
58.25a reimbursement basis unless otherwise
58.26provided in this section. Notwithstanding
58.27Minnesota Statutes, section 16A.41,
58.28expenditures made on or after July 1,
58.292011, or the date the work program is
58.30approved, whichever is later, are eligible for
58.31reimbursement unless otherwise provided
58.32in this section. Periodic payment must
58.33be made upon receiving documentation
58.34that the deliverable items articulated in
58.35the approved work program have been
58.36achieved, including partial achievements
59.1as evidenced by approved progress reports.
59.2Reasonable amounts may be advanced to
59.3projects to accommodate cash flow needs or
59.4match federal money. The advances must
59.5be approved as part of the work program.
59.6No expenditures for capital equipment are
59.7allowed unless expressly authorized in the
59.8project work program.
| 59.9 59.10 |
Subd. 15.Purchase of Recycled and Recyclable Materials |
||||||
59.12corporation, or other entity that receives an
59.13appropriation under this section must use the
59.14appropriation in compliance with Minnesota
59.15Statutes, section 16B.121, regarding
59.16purchase of recycled, repairable, and durable
59.17materials; and Minnesota Statutes, section
59.1816B.122, regarding purchase and use of
59.19paper stock and printing.
| 59.20 59.21 |
Subd. 16.Energy Conservation and Sustainable Building Guidelines |
||||||
59.23under this section for a capital improvement
59.24project must ensure that the project complies
59.25with the applicable energy conservation and
59.26sustainable building guidelines and standards
59.27contained in law, including Minnesota
59.28Statutes, sections 16B.325, 216C.19, and
59.29216C.20, and rules adopted under those
59.30sections. The recipient may use the energy
59.31planning, advocacy, and State Energy Office
59.32units of the Department of Commerce to
59.33obtain information and technical assistance
59.34on energy conservation and alternative
59.35energy development relating to the planning
60.1and construction of the capital improvement
60.2project.
| 60.3 |
Subd. 17.Accessibility |
||||||
60.5meet the design standards in the Americans
60.6with Disabilities Act (ADA) accessibility
60.7guidelines.
| 60.8 |
Subd. 18.Carryforward |
||||||
60.10the following projects is extended to June
60.1130, 2012:
60.12(1) Laws 2008, chapter 367, section
60.132, subdivision 4, paragraph (f), Native
60.14Shoreland Buffer Incentives Program;
60.15(2) Laws 2008, chapter 367, section 2,
60.16subdivision 4, paragraph (g), Southeast
60.17Minnesota Stream Restoration Projects;
60.18(3) Laws 2009, chapter 143, section 2,
60.19subdivision 4, paragraph (a), State Park
60.20Acquisition;
60.21(4) Laws 2009, chapter 143, section 2,
60.22subdivision 4, paragraph (b), State Trail
60.23Acquisition;
60.24(5) Laws 2009, chapter 143, section 2,
60.25subdivision 6, paragraph (c), Improving
60.26Emerging Fish Disease Surveillance in
60.27Minnesota;
60.28(6) Laws 2009, chapter 143, section 2,
60.29subdivision 8, paragraph (a), Contract
60.30Management; and
60.31(7) Laws 2009, chapter 143, section
60.322, subdivision 8, paragraph (b),
60.33Legislative-Citizen Commission on
61.1Minnesota Resources (LCCMR) for purposes
61.2provided under Minnesota Statutes, section
61.316A.281.
61.4(b) The availability of the appropriation for
61.5the following project is extended to June 30,
61.62013:
61.7(1) Laws 2010, chapter 362, section 2,
61.8subdivision 8, paragraph (f), Expanding
61.9Outdoor Classrooms at Minnesota Schools;
61.10and
61.11(2) Laws 2010, chapter 362, section 2,
61.12subdivision 8, paragraph (g), Integrating
61.13Environmental and Outdoor Education in
61.14Grades 7-12.
| 61.15 61.16 |
Subd. 19.Easement Monitoring and Enforcement Requirements |
||||||
61.18adjustments made under subdivision 20 for
61.19easement monitoring and enforcement may
61.20be spent only on activities included in an
61.21easement monitoring and enforcement plan
61.22contained within the work program. Money
61.23received for monitoring and enforcement,
61.24including earnings on the money received,
61.25shall be kept in a monitoring and enforcement
61.26fund held by the organization and dedicated
61.27to monitoring and enforcing conservation
61.28easements within Minnesota. Within 120
61.29days after the close of the entity's fiscal
61.30year, an entity receiving appropriations
61.31for easement monitoring and enforcement
61.32must provide an annual financial report
61.33to the Legislative-Citizen Commission
61.34on Minnesota Resources on the easement
61.35monitoring and enforcement fund as specified
62.1in the work program. Money appropriated
62.2under this section for monitoring and
62.3enforcement of easements and earnings on
62.4the money appropriated shall revert to the
62.5state if: (1) the easement transfers to the
62.6state; (2) the holder of the easement fails to
62.7file an annual report and then fails to cure
62.8that default within 30 days of notification
62.9of the default by the state; or (3) the holder
62.10of the easement fails to comply with the
62.11terms of the monitoring and enforcement
62.12plan contained within the work program and
62.13fails to cure that default within 90 days of
62.14notification of the default by the state.
| 62.15 |
Subd. 20.Appropriations Adjustment |
||||||
62.17(1) Of the amount appropriated in Laws
62.182003, chapter 128, article 1, section 9,
62.19subdivision 5, paragraph (b), up to $48,000 is
62.20for deposit in a monitoring and enforcement
62.21account as authorized in subdivision 19.
62.22(2) Of the amount appropriated in Laws
62.232005, First Special Session, chapter 1, article
62.242, section 11, subdivision 5, paragraph (b),
62.25up to $49,000 is for deposit in a monitoring
62.26and enforcement account as authorized in
62.27subdivision 19.
62.28(3) Of the amount appropriated in Laws
62.292007, chapter 30, section 2, subdivision 4,
62.30paragraph (c), up to $59,000 is for deposit
62.31in a monitoring and enforcement account as
62.32authorized in subdivision 19.
62.33(4) Of the amount appropriated in Laws
62.342008, chapter 367, section 2, subdivision 3,
63.1paragraph (a), up to $42,000 is for deposit
63.2in a monitoring and enforcement account as
63.3authorized in subdivision 19.
63.4(5) Of the amount appropriated in Laws
63.52009, chapter 143, section 2, subdivision 4,
63.6paragraph (f), up to $80,000 is for deposit
63.7in a monitoring and enforcement account as
63.8authorized in subdivision 19.
63.9(6) Of the amount appropriated in Laws
63.102010, chapter 362, section 2, subdivision 4,
63.11paragraph (g), up to $10,000 is for deposit
63.12in a monitoring and enforcement account as
63.13authorized in subdivision 19.
63.14(b) Habitat Conservation Partnership
63.15(1) Of the amount appropriated in Laws
63.162001, First Special Session chapter 2,
63.17section 14, subdivision 4, paragraph (e), up
63.18to $288,000 is for deposit in a monitoring
63.19and enforcement account as authorized in
63.20subdivision 19.
63.21(2) Of the amount appropriated in Laws
63.222003, chapter 128, article 1, section 9,
63.23subdivision 5, paragraph (a), up to $78,000 is
63.24for deposit in a monitoring and enforcement
63.25account as authorized in subdivision 19.
63.26(3) Of the amount appropriated in Laws 2005,
63.27First Special Session chapter 1, section 11,
63.28subdivision 5, paragraph (a), up to $55,000 is
63.29for deposit in a monitoring and enforcement
63.30account as authorized in subdivision 19.
63.31(4) Of the amount appropriated in Laws
63.322007, chapter 30, section 2, subdivision 4,
63.33paragraph (b), up to $123,000 is for deposit
64.1in a monitoring and enforcement account as
64.2authorized in subdivision 19.
64.3(5) Of the amount appropriated in Laws
64.42008, chapter 367, section 2, subdivision 3,
64.5paragraph (c), up to $120,000 is for deposit
64.6in a monitoring and enforcement account as
64.7authorized in subdivision 19.
64.8(6) Of the amount appropriated in Laws
64.92009, chapter 143, section 2, subdivision 4,
64.10paragraph (e), up to $60,000 is for deposit
64.11in a monitoring and enforcement account as
64.12authorized in subdivision 19.
64.13(7) Of the amount appropriated in Laws
64.142010, chapter 362, section 2, subdivision 4,
64.15paragraph (f), up to $30,000 is for deposit
64.16in a monitoring and enforcement account as
64.17authorized in subdivision 19.
64.18(c) Preserving the Avon Hills Landscape
64.19Of the amount appropriated in Laws 2008,
64.20chapter 367, section 2, subdivision 3,
64.21paragraph (d), up to $120,000 is for deposit
64.22in a monitoring and enforcement account as
64.23authorized in subdivision 19.
64.24(d) New Models for Land-Use Planning
64.25Of the amount appropriated in Laws 1997,
64.26chapter 216, section 15, subdivision 9,
64.27paragraph (d), up to $33,000 is for deposit
64.28in a monitoring and enforcement account as
64.29authorized in subdivision 19.
64.30(e) Conservation-Based Development
64.31Program
64.32Of the amount appropriated in Laws 1999,
64.33chapter 231, section 16, subdivision 8,
65.1paragraph (e), up to $5,000 is for deposit in
65.2a monitoring and enforcement account as
65.3authorized in subdivision 19.
65.6 Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
65.7STANDARDS FOR ACCESSIBILITY AND USABILITY.
65.8 Subdivision 1. Membership. (a) The Advisory Committee for Technology
65.9Standards for Accessibility and Usability consists of ten members, appointed as follows:
65.10(1) the state chief information officer, or the state chief information officer's designee;
65.11(2) a representative from State Services for the Blind, appointed by the commissioner
65.12of employment and economic development;
65.13(3) the commissioner of administration, or the commissioner's designee;
65.14(4) a representative selected by the Minnesota system of technology to achieve
65.15results program;
65.16(5) a representative selected by the Commission of Deaf, DeafBlind, and
65.17Hard-of-Hearing Minnesotans;
65.18(6) the commissioner of education, or the commissioner's designee;
65.19(7) the commissioner of health, or the commissioner's designee;
65.20(8) the commissioner of human services, or the commissioner's designee;
65.21(9) one representative from the Minnesota judicial system designated by the chief
65.22justice; and
65.23 (10) one staff member from the legislature, appointed by the chair of the Legislative
65.24Coordinating Commission.
65.25 (b) The appointing authorities under this subdivision must use their best efforts to
65.26ensure that the membership of the advisory committee includes at least one representative
65.27who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
65.28(c) The advisory committee shall elect a chair from its membership.
65.29 Subd. 2. Duties. (a) The advisory committee shall:
65.30(1) recommend review processes to be used for the evaluation or certification of
65.31accessibility of technology against accessibility standards;
65.32(2) recommend an exception process and thresholds for any deviation from the
65.33accessibility standards;
66.1(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
66.2resources for training and technical assistance for state agency staff, including instruction
66.3regarding compliance with accessibility standards;
66.4(4) convene customer groups composed of individuals with disabilities to assist in
66.5implementation of accessibility standards;
66.6(5) review customer comments about accessibility and usability issues collected by
66.7State Services for the Blind; and
66.8(6) develop proposals for funding captioning of live videoconferencing, live
66.9Webcasts, Web streaming, podcasts, and other emerging technologies.
66.10(b) The advisory committee shall report to the chairs and ranking minority members
66.11of the legislative committees with jurisdiction over state technology systems by January
66.1215 each year regarding the findings, progress, and recommendations made by the advisory
66.13committee under this subdivision. The report shall include any draft legislation necessary
66.14to implement the committee's recommendations.
66.15 Subd. 3. Terms, compensation, and removal. The terms, compensation, and
66.16removal of members are governed by section
66.17 Subd. 4. Expiration. This section expires June 30, 2013.
66.18 Sec. 2. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
66.19to read:
66.20 Subd. 1a. Definitions. For the purpose of this section:
66.21(1) "biobutanol facility" means a facility at which biobutanol is produced; and
66.22(2) "biobutanol" means fermentation isobutyl alcohol that is derived from
66.23agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
66.24forest products; or other renewable resources, including residue and waste generated
66.25from the production, processing, and marketing of agricultural products, forest products,
66.26and other renewable resources.
66.27 Sec. 3. Minnesota Statutes 2010, section 65B.84, is amended to read:
66.2865B.84 AUTOMOBILE THEFT PREVENTION PROGRAM.
66.29 Subdivision 1. Program described; commissioner's duties; appropriation. (a)
66.30The commissioner of
66.31(1) develop and sponsor the implementation of statewide plans, programs, and
66.32strategies to combat automobile theft, improve the administration of the automobile theft
66.33laws, and provide a forum for identification of critical problems for those persons dealing
66.34with automobile theft;
67.1(2) coordinate the development, adoption, and implementation of plans, programs,
67.2and strategies relating to interagency and intergovernmental cooperation with respect
67.3to automobile theft enforcement;
67.4(3) annually audit the plans and programs that have been funded in whole or in part
67.5to evaluate the effectiveness of the plans and programs and withdraw funding should the
67.6commissioner of public safety determine that a plan or program is ineffective or is no
67.7longer in need of further financial support from the fund;
67.8(4) develop a plan of operation including:
67.9(i) an assessment of the scope of the problem of automobile theft, including areas
67.10of the state where the problem is greatest;
67.11(ii) an analysis of various methods of combating the problem of automobile theft;
67.12(iii) a plan for providing financial support to combat automobile theft;
67.13(iv) a plan for eliminating car hijacking; and
67.14(v) an estimate of the funds required to implement the plan; and
67.15(5) distribute money
67.16pursuant to subdivision 3 from the automobile theft prevention special revenue account
67.17for automobile theft prevention activities, including:
67.18(i) paying the administrative costs of the program;
67.19(ii) providing financial support to the State Patrol and local law enforcement
67.20agencies for automobile theft enforcement teams;
67.21(iii) providing financial support to state or local law enforcement agencies for
67.22programs designed to reduce the incidence of automobile theft and for improved
67.23equipment and techniques for responding to automobile thefts;
67.24(iv) providing financial support to local prosecutors for programs designed to reduce
67.25the incidence of automobile theft;
67.26(v) providing financial support to judicial agencies for programs designed to reduce
67.27the incidence of automobile theft;
67.28(vi) providing financial support for neighborhood or community organizations or
67.29business organizations for programs designed to reduce the incidence of automobile
67.30theft and to educate people about the common methods of automobile theft, the models
67.31of automobiles most likely to be stolen, and the times and places automobile theft is
67.32most likely to occur; and
67.33(vii) providing financial support for automobile theft educational and training
67.34programs for state and local law enforcement officials, driver and vehicle services exam
67.35and inspections staff, and members of the judiciary.
68.1(b) The commissioner of public safety may not spend in any fiscal year more than
68.2ten percent of the money in the fund for the program's administrative and operating
68.3costs. The commissioner of public safety is annually appropriated and must distribute
68.4the amount of the proceeds credited to the automobile theft prevention special revenue
68.5account each year, less the transfer of $1,300,000 each year to the general fund described
68.6in section
68.7 Subd. 2. Annual report. By January 15 of each year, the commissioner of public
68.8safety shall report to the governor and the chairs and ranking minority members of the
68.9house of representatives and senate committees having jurisdiction over the Departments
68.10of Commerce and Public Safety on the activities and expenditures in the preceding year.
68.11 Subd. 3. Grant criteria; application. (a) A county attorney's office, law
68.12enforcement agency, neighborhood organization, community organization, or business
68.13organization may apply for a grant under this section. Multiple offices or agencies within
68.14a county may apply for a grant under this section.
68.15(b) The commissioner
68.16develop criteria for the fair distribution of grants from the automobile theft prevention
68.17account that address the following factors:
68.18(1) the number of reported automobile thefts per capita in a city, county, or region,
68.19not merely the total number of automobile thefts;
68.20(2) the population of the jurisdiction of the applicant office or agency;
68.21(3) the total funds distributed within a county or region; and
68.22(4) the statewide interest in automobile theft reduction.
68.23(c) The commissioner of public safety may give priority to:
68.24(1) offices and agencies engaged in a collaborative effort to reduce automobile
68.25theft; and
68.26(2) counties or regions with the greatest rates of automobile theft.
68.27(d) The minimum amount of a grant award is $5,000. After considering the
68.28automobile theft rate and total population of an applicant's jurisdiction, if a grant award,
68.29as determined under the criteria and priorities in this subdivision, would be less than
68.30$5,000, it must not be awarded.
68.31 Subd. 4. Advisory board; creation; membership. An Automobile Theft
68.32Prevention Advisory Board is established to advise the commissioner on the distribution
68.33of grants under this section. The board must consist of seven members appointed by the
68.34commissioner of public safety and must include representatives of law enforcement,
68.35prosecuting agencies, automobile insurers, and the public. The commissioner of public
68.36safety must annually select a chair from among its members.
69.1EFFECTIVE DATE.This section is effective June 30, 2013.
69.2 Sec. 4. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
69.3 Subdivision 1. Designated agency. The Department of Natural Resources
69.4is designated as the state agency to apply for, accept, receive, and disburse federal
69.5reimbursement funds and private funds that are granted to the state of Minnesota from
69.6section 6 of the federal Land and Water Conservation Fund Act.
69.7 Subd. 2. State land and water conservation account. A state land and water
69.8conservation account is created in the natural resources fund. All of the money made
69.9available to the state from funds granted under subdivision 1 shall be deposited in the
69.10state land and water conservation account.
69.11 Subd. 3. Local share. Fifty percent of all money made available to the state
69.12from funds granted under subdivision 1 shall be distributed for projects to be acquired,
69.13developed, and maintained by local units of government, provided that any project
69.14approved is consistent with a statewide or a county or regional recreational plan and
69.15compatible with the statewide recreational plan. All money received by the commissioner
69.16for local units of government is appropriated annually to carry out the purposes for which
69.17the funds are received.
69.18 Subd. 4. State share. Fifty percent of the money made available to the state from
69.19funds granted under subdivision 1 shall be used for state land acquisition and development
69.20for the state outdoor recreation system under chapter 86A and the administrative expenses
69.21necessary to maintain eligibility for the federal land and water conservation fund.
69.22 Sec. 5. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
69.23 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
69.24vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
69.25nonresident off-road vehicle state trail pass sticker issued according to this section.
69.26The pass must be viewable by a peace officer, a conservation officer, or an employee
69.27designated under section
69.28(b) The fee for an annual pass is $20. The pass is valid from January 1 through
69.29December 31. The fee for a three-year pass is $30. The commissioner of natural resources
69.30shall issue a pass upon application and payment of the fee. Fees collected under this
69.31section, except for the issuing fee for licensing agents, shall be deposited in the state
69.32treasury and credited to the off-road vehicle account in the natural resources fund and,
69.33except for the electronic licensing system commission established by the commissioner
69.34under section
70.1municipalities for off-road vehicle organizations to construct and maintain off-road
70.2vehicle trails and use areas.
70.3 (c) A nonresident off-road vehicle state trail pass is not required for:
70.4 (1) an off-road vehicle that is owned and used by the United States, another state,
70.5or a political subdivision thereof that is exempt from registration under section
70.6subdivision 2;
70.7 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
70.8by the person or the person's spouse, child, or parent; or
70.9(3) a nonresident operating an off-road vehicle that is registered according to section
70.10
70.11 Subd. 2. License agents. The commissioner shall appoint agents to issue and
70.12sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
70.13appointment of an agent at any time. The commissioner may adopt additional rules as
70.14provided in section
70.15by the commissioner for accounting and handling of passes pursuant to section
70.16subdivision 11
70.17sale of the passes, exclusive of the issuing fee, to the commissioner.
70.18 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
70.19nonresident off-road vehicle state trail passes. The commissioner shall also make the
70.20passes available through the electronic licensing system established under section
70.21subdivision 15.
70.22 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
70.23shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
70.24passes issued by the commissioner shall be deposited in the off-road vehicle account in the
70.25natural resources fund and retained for the operation of the electronic licensing system.
70.26 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
70.27pass to persons whose pass is lost or destroyed using the process established under section
70.28
70.29off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
70.30 Sec. 6. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
70.31 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
70.32section
70.33in the invasive species account. Each year, the commissioner of management and budget
70.34shall transfer from the game and fish fund to the invasive species account, the annual
70.35surcharge collected on nonresident fishing licenses under section
71.17
71.2management and budget shall transfer
71.3account under section
71.4 Sec. 7. Minnesota Statutes 2010, section 85.052, subdivision 4, is amended to read:
71.5 Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
71.6services within a state park, state recreation area, or wayside, and for special state park
71.7uses under this section shall be deposited in the natural resources fund and credited to a
71.8state parks account.
71.9(b) Gross receipts derived from sales, rentals, or leases of natural resources within
71.10state parks, recreation areas, and waysides, other than those on trust fund lands, must be
71.11deposited in the state treasury and credited to the state parks working capital account.
71.12
71.13
71.14(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
71.15materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
71.16Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
71.17from which the purchase of the stockpile material was made.
71.18 Sec. 8. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
71.19CERTIFICATION.
71.20(a) After each fiscal year, the commissioner shall certify the total costs incurred for
71.21forest management, forest improvement, and road improvement on state-managed lands
71.22during that year. The commissioner shall distribute forest management receipts credited to
71.23various accounts according to this section.
71.24(b) The amount of the certified costs incurred for forest management activities
71.25on state lands shall be transferred from the account where receipts are deposited to the
71.26forest management investment account in the natural resources fund, except for those
71.27costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
71.28credited to the account.
71.29EFFECTIVE DATE.This section is effective the day following final enactment.
71.30 Sec. 9. Minnesota Statutes 2010, section 89.039, subdivision 1, is amended to read:
71.31 Subdivision 1. Account established; sources. The forest management investment
71.32account is created in the natural resources fund in the state treasury and money in the
72.1account may be spent only for the purposes provided in subdivision 2. The following
72.2revenue shall be deposited in the forest management investment account:
72.3(1) timber sales receipts transferred from the consolidated conservation areas
72.4account as provided in section
72.5(2) timber sales receipts from forest lands as provided in section
72.6(3) money transferred from the forest suspense account according to section
72.8(4) interest accruing from investment of the account
72.9(5) money transferred from other accounts according to section 89.0385.
72.10 Sec. 10. Minnesota Statutes 2010, section 89.21, is amended to read:
72.1189.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
72.12(a) The commissioner is authorized to establish and develop state forest
72.13campgrounds and may establish minimum standards not inconsistent with the laws of the
72.14state for the care and use of such campgrounds and charge fees for such uses as specified
72.15by the commissioner of natural resources.
72.16(b) Notwithstanding section
72.17establish fees providing for the use of state forest campgrounds. The fees are not subject
72.18to the rulemaking provisions of chapter 14 and section
72.19(c) All fees shall be deposited in
72.20fund and are appropriated annually to the commissioner.
72.21 Sec. 11. Minnesota Statutes 2010, section 89.35, subdivision 2, is amended to read:
72.22 Subd. 2. Purpose of planting. The purposes for which trees may be produced,
72.23procured, distributed, and planted under sections
72.24forests, woodlots, windbreaks, shelterbelts, erosion control, soil conservation, water
72.25conservation, provision of permanent food and cover for wild life, environmental
72.26education, and afforestation and reforestation on
72.27
72.28purely ornamental purposes. It is hereby declared that all such authorized purposes are in
72.29furtherance of the public health, safety, and welfare.
72.30 Sec. 12. Minnesota Statutes 2010, section 89.36, subdivision 1, is amended to read:
72.31 Subdivision 1. Production at state nurseries. The commissioner of natural
72.32resources may produce tree planting stock for the purposes of sections
72.33upon any lands under control of the commissioner which may be deemed suitable and
73.1available
73.2lands may be dedicated by law. The commissioner may not produce more than
73.38,000,000 units of planting stock annually, after
73.4commissioner shall limit deciduous tree stock production to no more than two percent of
73.5total annual production.
73.6 Sec. 13. Minnesota Statutes 2010, section 89.37, subdivision 1, is amended to read:
73.7 Subdivision 1.
73.8resources may supply planting stock produced or procured
73.9
73.10
73.11and maintenance in furtherance of
73.12sell excess tree planting stock to licensed, private nurseries.
73.13 Sec. 14. Minnesota Statutes 2010, section 89.37, subdivision 3b, is amended to read:
73.14 Subd. 3b. Sales to nurseries. To promote the availability and use of native plant
73.15material, the commissioner may sell native tree seed to licensed, private Minnesota
73.16nurseries when supplies of seed from geographically adapted sources are not available
73.17from private Minnesota seed dealers.
73.18
73.19 Sec. 15. Minnesota Statutes 2010, section 93.481, subdivision 7, is amended to read:
73.20 Subd. 7. Mining administration account. The mining administration account is
73.21established as an account in the natural resources fund. Fees charged to owners, operators,
73.22or managers of mines under this section and section
73.23and
73.24monitoring permits to mine. Earnings accruing from investment of the account remain
73.25with the account until appropriated.
73.26 Sec. 16. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
73.27 Subdivision 1. Account established; sources. The peace officer training account is
73.28created in the game and fish fund in the state treasury. Revenue from the portion of the
73.29surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
73.30clause (1), shall be deposited in the account. Money in the account may be spent only
73.31for the purposes provided in subdivision 2.
74.1 Subd. 2. Purposes of account. Money in the peace officer training account
74.2may only be spent by the commissioner for peace officer training for employees of the
74.3Department of Natural Resources who are licensed under sections 626.84 to 626.863
74.4to enforce game and fish laws.
74.5EFFECTIVE DATE.This section is effective the day following final enactment.
74.6 Sec. 17. Minnesota Statutes 2010, section 97A.055, is amended by adding a
74.7subdivision to read:
74.8 Subd. 2b. Certified costs. Money for the certified costs under section 89.0385
74.9is transferred annually for reimbursement of certified costs on state lands acquired by
74.10purchase or gift for game and fish purposes.
74.11 Sec. 18. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
74.12 Subd. 2. Revenue from small game license surcharge and lifetime licenses.
74.13Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
74.14wildlife trust fund, established in section
74.16wildlife acquisition account and is appropriated to the commissioner. The money in the
74.17account shall be used by the commissioner only for the purposes of this section, and
74.18acquisition and development of wildlife lands under section
74.19the lands, in accordance with appropriations made by the legislature.
74.20 Sec. 19. Minnesota Statutes 2010, section 97A.075, is amended to read:
74.2197A.075 USE OF LICENSE REVENUES.
74.22 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
74.23subdivision, "deer license" means a license issued under section
74.242, clauses
74.25(12),and licenses issued under section
74.26 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
74.27wildlife trust fund, established in section
74.28section
74.29
74.30management programs.
74.31 (c) $1 from each annual deer license and each bear license and $1 annually from
74.32the lifetime fish and wildlife trust fund, established in section
75.1issued under section
75.2management account and
75.3bear management programs, including a computerized licensing system.
75.4 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
75.5wild cervidae health management account and is appropriated for emergency deer feeding
75.6and wild cervidae health management. Money appropriated for emergency deer feeding
75.7and wild cervidae health management is available until expended. The commissioner must
75.8inform the legislative chairs of the natural resources finance committees every two years
75.9on how the money for emergency deer feeding and wild cervidae health management
75.10has been spent.
75.11 When the unencumbered balance in the appropriation for emergency deer feeding
75.12and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
75.13unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
75.14management programs and computerized licensing.
75.15 Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
75.16from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
75.17improvement account
75.18commissioner only for:
75.19(1) development of wetlands and lakes in the state and designated waterfowl
75.20management lakes for maximum migratory waterfowl production including habitat
75.21evaluation, the construction of dikes, water control structures and impoundments, nest
75.22cover, rough fish barriers, acquisition of sites and facilities necessary for development
75.23and management of existing migratory waterfowl habitat and the designation of waters
75.24under section
75.25(2) management of migratory waterfowl;
75.26(3) development, restoration, maintenance, or preservation of migratory waterfowl
75.27habitat;
75.28(4) acquisition of and access to structure sites; and
75.29(5) the promotion of waterfowl habitat development and maintenance, including
75.30promotion and evaluation of government farm program benefits for waterfowl habitat.
75.31(b) Money in the account may not be used for costs unless they are directly related to
75.32a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
75.33to specific management activities under paragraph (a), clause (2).
75.34 Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
75.35and salmon stamps must be credited to the trout and salmon management account
75.36
76.1(1) the development, restoration, maintenance, improvement, protection, and
76.2preservation of habitat for trout and salmon in trout streams and lakes, including, but
76.3not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
76.4modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
76.5stream banks; and purchasing equipment to accomplish these tasks;
76.6(2) rearing trout and salmon, including utility and service costs associated with
76.7coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
76.8and Lake Superior; and monitoring and evaluating stocked trout and salmon;
76.9(3) acquisition of easements and fee title along trout waters;
76.10(4) identifying easement and fee title areas along trout waters; and
76.11(5) research and special management projects on trout streams, trout lakes, and
76.12Lake Superior and portions of its tributaries.
76.13(b) Money in the account may not be used for costs unless they are directly related
76.14to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
76.15activities under paragraph (a), clause (2), or for costs associated with supplies and
76.16equipment to implement trout and salmon management activities under paragraph (a).
76.17 Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
76.18must be credited to the pheasant habitat improvement account
76.19
76.20 (1) the development, restoration, and maintenance of suitable habitat for ringnecked
76.21pheasants on public and private land including the establishment of nesting cover, winter
76.22cover, and reliable food sources;
76.23 (2) reimbursement of landowners for setting aside lands for pheasant habitat;
76.24 (3) reimbursement of expenditures to provide pheasant habitat on public and private
76.25land;
76.26 (4) the promotion of pheasant habitat development and maintenance, including
76.27promotion and evaluation of government farm program benefits for pheasant habitat; and
76.28 (5) the acquisition of lands suitable for pheasant habitat management and public
76.29hunting.
76.30 (b) Money in the account may not be used for:
76.31 (1) costs unless they are directly related to a specific parcel of land under paragraph
76.32(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
76.33paragraph (a), clause (4); or
76.34 (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
76.35to provide technical and promotional assistance for private landowners to implement
76.36conservation provisions of state and federal programs.
77.1 Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
77.2licenses under section
77.3must be credited to the wild turkey management account
77.4
77.5 (1) the development, restoration, and maintenance of suitable habitat for wild
77.6turkeys on public and private land including forest stand improvement and establishment
77.7of nesting cover, winter roost area, and reliable food sources;
77.8 (2) acquisitions of, or easements on, critical wild turkey habitat;
77.9 (3) reimbursement of expenditures to provide wild turkey habitat on public and
77.10private land;
77.11 (4) trapping and transplantation of wild turkeys; and
77.12 (5) the promotion of turkey habitat development and maintenance, population
77.13surveys and monitoring, and research.
77.14 (b) Money in the account may not be used for:
77.15 (1) costs unless they are directly related to a specific parcel of land under paragraph
77.16(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
77.17or to specific promotional or evaluative activities under paragraph (a), clause (5); or
77.18 (2) any permanent personnel costs.
77.19 Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
77.20walleye stamp account
77.21commissioner only for stocking walleye in waters of the state and related activities.
77.22 (b) Money in the account may not be used for costs unless they are directly related to
77.23a specific body of water under paragraph (a), or for costs associated with supplies and
77.24equipment to implement walleye stocking activities under paragraph (a).
77.25 Sec. 20. [103G.27] WATER MANAGEMENT ACCOUNT.
77.26 Subdivision 1. Account established; sources. The water management account
77.27is created in the natural resources fund in the state treasury. Revenues collected from
77.28permit application fees, water use fees, field inspection fees, penalties, and other receipts
77.29according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest
77.30earned on money in the account accrues to the account.
77.31 Subd. 2. Purposes of account. Money in the water management account may be
77.32spent only for the costs associated with administering this chapter.
77.33 Sec. 21. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
78.1 Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
78.2(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
78.3accordance with the schedule of fees in this subdivision for each water use permit in force
78.4at any time during the year. Fees collected under this paragraph are credited to the water
78.5management account in the natural resources fund. The schedule is as follows, with the
78.6stated fee in each clause applied to the total amount appropriated:
78.7 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
78.8 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
78.9than 100,000,000 gallons per year;
78.10 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
78.11than 150,000,000 gallons per year;
78.12 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
78.13less than 200,000,000 gallons per year;
78.14 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
78.15than 250,000,000 gallons per year;
78.16 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
78.17less than 300,000,000 gallons per year;
78.18 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
78.19than 350,000,000 gallons per year;
78.20 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
78.21less than 400,000,000 gallons per year;
78.22 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
78.23than 450,000,000 gallons per year;
78.24 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
78.25less than 500,000,000 gallons per year; and
78.26 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
78.27 (b) For once-through cooling systems, a water use processing fee must be prescribed
78.28by the commissioner in accordance with the following schedule of fees for each water use
78.29permit in force at any time during the year:
78.30 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
78.31 (2) for all other users, $420 per 1,000,000 gallons.
78.32 (c) The fee is payable based on the amount of water appropriated during the year
78.33and, except as provided in paragraph (f), the minimum fee is $100.
78.34 (d) For water use processing fees other than once-through cooling systems:
78.35 (1) the fee for a city of the first class may not exceed $250,000 per year;
78.36 (2) the fee for other entities for any permitted use may not exceed:
79.1 (i) $60,000 per year for an entity holding three or fewer permits;
79.2 (ii) $90,000 per year for an entity holding four or five permits; or
79.3 (iii) $300,000 per year for an entity holding more than five permits;
79.4 (3) the fee for agricultural irrigation may not exceed $750 per year;
79.5 (4) the fee for a municipality that furnishes electric service and cogenerates steam
79.6for home heating may not exceed $10,000 for its permit for water use related to the
79.7cogeneration of electricity and steam; and
79.8 (5) no fee is required for a project involving the appropriation of surface water to
79.9prevent flood damage or to remove flood waters during a period of flooding, as determined
79.10by the commissioner.
79.11 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
79.12percent per month calculated from the original due date must be imposed on the unpaid
79.13balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
79.14may not be imposed on an agency, as defined in section
79.15governmental agency holding a water appropriation permit.
79.16 (f) The minimum water use processing fee for a permit issued for irrigation of
79.17agricultural land is $20 for years in which:
79.18 (1) there is no appropriation of water under the permit; or
79.19 (2) the permit is suspended for more than seven consecutive days between May 1
79.20and October 1.
79.21 (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
79.22paragraph (a) shall be applied to the volume of water used in each of the months of June,
79.23July, and August that exceeds the volume of water used in January for municipal water
79.24use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
79.25with more than one permit shall be determined based on the total appropriations from all
79.26permits that supply a common distribution system.
79.27 Sec. 22. Minnesota Statutes 2010, section 103G.301, is amended by adding a
79.28subdivision to read:
79.29 Subd. 8. Deposit of fees. Fees collected under this section must be credited to the
79.30water management account in the natural resources fund.
79.31 Sec. 23. Minnesota Statutes 2010, section 103G.615, subdivision 2, is amended to read:
79.32 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
79.33control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
79.34section
80.1days after it has been reported to the legislature. The fees shall not exceed $2,500 per
80.2permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
80.3the permit, and additional costs incurred after the application to inspect and monitor
80.4the activities authorized by the permit, and enforce aquatic plant management rules and
80.5permit requirements.
80.6 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
80.7parcel of shoreline owned by an owner may be charged. This fee may not be charged for
80.8permits issued in connection with purple loosestrife control or lakewide Eurasian water
80.9milfoil control programs.
80.10 (c) A fee may not be charged to the state or a federal governmental agency applying
80.11for a permit.
80.12 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
80.13water basin that is 20 acres or less in size shall be one-half of the fee established under
80.14paragraph (a).
80.15(e) The money received for the permits under this subdivision shall be deposited in
80.16the treasury and credited to the water recreation account.
80.17 Sec. 24. Minnesota Statutes 2010, section 115.073, is amended to read:
80.18115.073 ENFORCEMENT FUNDING.
80.19Except as provided in section
80.20state under this chapter and chapters 115A and 116, including civil penalties and money
80.21paid under an agreement, stipulation, or settlement, excluding money paid for past due
80.22fees or taxes, must be deposited in the state treasury and credited to the environmental
80.23fund. The remaining amount collected shall be deposited in the general fund.
80.24 Sec. 25. Minnesota Statutes 2010, section 115A.1314, is amended to read:
80.25115A.1314 MANUFACTURER'S REGISTRATION FEE
80.26
80.27 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
80.29of revenue an annual registration fee. The commissioner of revenue must deposit the
80.30fee in the
80.31environmental fund.
80.32 (b)
80.33
81.1registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
81.2according to the formula:
81.3 ((A x B) - (C + D)) x E, where:
81.4 (1) A = the number of pounds of a manufacturer's video display devices sold to
81.5households during the previous program year, as reported to the department under section
81.7 (2) B = the proportion of sales of video display devices required to be recycled, set at
81.80.6 for the first program year and 0.8 for the second program year and every year thereafter;
81.9 (3) C = the number of pounds of covered electronic devices recycled by a
81.10manufacturer from households during the previous program year, as reported to the
81.11department under section
81.12 (4) D = the number of recycling credits a manufacturer elects to use to calculate the
81.13variable recycling fee, as reported to the department under section
81.15 (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
81.16manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
81.17for manufacturers who recycle at least 50 percent but less than 90 percent of the product
81.18(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
81.19than 100 percent of the product (A x B).
81.20 (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
81.21pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
81.22may retain recycling credits to be added, in whole or in part, to the actual value of C, as
81.23reported under section
81.24provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
81.25program year may be met with recycling credits generated in a prior program year. A
81.26manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
81.27a price negotiated by the parties, who may use the credits in the same manner.
81.28 (d) For the purpose of calculating a manufacturer's variable recycling fee under
81.29paragraph (b), the weight of covered electronic devices collected from households located
81.30outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
81.31calculated at
81.32 (e) The registration fee for the initial program year and the base registration fee
81.33thereafter for a manufacturer who produces fewer than 100 video display devices for sale
81.34annually to households is $1,250.
81.35 Subd. 2.
81.36
82.1
82.2
82.3
82.4
82.5
82.6
82.7
82.8
82.9
82.10
82.11
82.12
82.13
82.14
82.15
82.16 (1)
82.17transfer to the commissioner of revenue to carry out the department's duties under
82.18section
82.19responsibilities under section
82.20 (2)
82.21
82.22metropolitan area, as defined in paragraph
82.23for recycling covered electronic devices in counties outside the 11-county metropolitan
82.24area, where the collection and recycling is consistent with the respective county's solid
82.25waste plan, for the purpose of carrying out the activities under sections
82.27give preference to counties and private entities that are working cooperatively with
82.28manufacturers to help them meet their recycling obligations under section
82.29subdivision 1
82.30
82.31Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
82.32 Sec. 26. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
82.33read:
82.34 Subdivision 1. Duties of the agency. (a) The agency shall administer sections
83.1 (b) The agency shall establish procedures for:
83.2 (1) receipt and maintenance of the registration statements and certifications filed
83.3with the agency under section
83.4 (2) making the statements and certifications easily available to manufacturers,
83.5retailers, and members of the public.
83.6 (c) The agency shall annually review the value of the following variables that are
83.7part of the formula used to calculate a manufacturer's annual registration fee under section
83.9 (1) the proportion of sales of video display devices sold to households that
83.10manufacturers are required to recycle;
83.11 (2) the estimated per-pound price of recycling covered electronic devices sold to
83.12households;
83.13 (3) the base registration fee; and
83.14 (4) the multiplier established for the weight of covered electronic devices collected
83.15in section
83.16these values must be changed in order to improve the efficiency or effectiveness of the
83.17activities regulated under sections
83.18
83.19submit recommended changes and the reasons for them to the chairs of the senate and
83.20house of representatives committees with jurisdiction over solid waste policy.
83.21 (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
83.22sales of video display devices sold to households by each manufacturer during the
83.23preceding program year, based on national sales data, and forward the estimates to the
83.24department.
83.25
83.26
83.27
83.28
83.29
83.30
83.31
83.32
83.33
83.34provide a report to the governor and the legislature on the implementation of sections
83.36of covered electronic devices recycled and a summary of information in the reports
84.1submitted by manufacturers and recyclers under section
84.2also discuss the various collection programs used by manufacturers to collect covered
84.3electronic devices; information regarding covered electronic devices that are being
84.4collected by persons other than registered manufacturers, collectors, and recyclers; and
84.5information about covered electronic devices, if any, being disposed of in landfills in
84.6this state. The report must include a description of enforcement actions under sections
84.8by the agency regarding the implementation of sections
84.9
84.10sections
84.11
84.12provided by sections
84.13provisions enforced by the department, as provided in subdivision 2. The agency may
84.14revoke a registration of a collector or recycler found to have violated sections
84.15to
84.16
84.17recycling centers, and manufacturers to ensure that manufacturers are aware of video
84.18display devices available for recycling.
84.19
84.20manufacturers under section
84.21
84.22each manufacturer under section
84.23 Sec. 27. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
84.24 Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
84.25(a) Reimbursement may not be made under this chapter for costs associated with a release:
84.26(1) from a tank located at a petroleum refinery; or
84.27(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
84.28gallons of total petroleum storage capacity at the tank facility.
84.29(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
84.30with a release from a tank facility:
84.31(1) owned or operated by a person engaged in the business of mining iron ore or
84.32taconite;
84.33(2) owned by a political subdivision, a housing and redevelopment authority, an
84.34economic development authority, or a port authority that acquired the tank facility prior
84.35to May 23, 1989;
85.1(3) owned by a person:
85.2(i) who acquired the tank facility prior to May 23, 1989;
85.3(ii) who did not use the tank facility for the bulk storage of petroleum; and
85.4(iii) who is not affiliated with the party who used the tank facility for the bulk
85.5storage of petroleum
85.6(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
85.7engaged in the business of storing used oil primarily for sales to end users.
85.8 Sec. 28. Minnesota Statutes 2010, section 115C.13, is amended to read:
85.9115C.13 REPEALER.
85.10Sections
85.13
85.14 Sec. 29. Minnesota Statutes 2010, section 116.06, is amended by adding a subdivision
85.15to read:
85.16 Subd. 5a. Capacity. "Capacity" means the maximum number of animal units
85.17actually confined or proposed to be confined at an animal feedlot.
85.18 Sec. 30. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
85.19 Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue
85.20national pollutant discharge elimination system permits for feedlots
85.21
85.22
85.23issuance of national pollutant discharge elimination system permits for feedlots must be
85.24based on the following:
85.25(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
85.26priority by the commissioner, using criteria
85.27January 1, 2010, must be issued as an individual permit;
85.28(2)
85.29commissioner, using criteria
85.30must be issued as an individual permit; and
85.31(3) the agency must issue a general national pollutant discharge elimination system
85.32permit, if required, for animal feedlots that are not identified under clause (1) or (2).
86.1(b) Prior to the issuance of a general national pollutant discharge elimination system
86.2permit for a category of animal feedlot facility permittees, the agency must hold at least
86.3one public hearing on the permit issuance.
86.4(c) To the extent practicable, the agency must include a public notice and comment
86.5period for an individual national pollutant discharge elimination system permit concurrent
86.6with any public notice and comment for:
86.7(1) the purpose of environmental review of the same facility under chapter 116D; or
86.8(2) the purpose of obtaining a conditional use permit from a local unit of government
86.9where the local government unit is the responsible governmental unit for purposes of
86.10environmental review under chapter 116D.
86.11(d)
86.12
86.13
86.14
86.15
86.16
86.17
86.18
86.19
86.20
86.21
86.22
86.23
86.24
86.25
86.26
86.27
86.28
86.29
86.30
86.31
86.32
86.33
86.34
86.35
86.36
87.1
87.2
87.3elimination system permit even if the feedlot is not required by federal law to have a
87.4national pollutant discharge elimination system permit.
87.5 Sec. 31. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
87.6Laws 2011, chapter 4, section 6, is amended to read:
87.7 Subd. 2a. When prepared. Where there is potential for significant environmental
87.8effects resulting from any major governmental action, the action shall be preceded by a
87.9detailed environmental impact statement prepared by the responsible governmental unit.
87.10The environmental impact statement shall be an analytical rather than an encyclopedic
87.11document which describes the proposed action in detail, analyzes its significant
87.12environmental impacts, discusses appropriate alternatives to the proposed action and
87.13their impacts, and explores methods by which adverse environmental impacts of an
87.14action could be mitigated. The environmental impact statement shall also analyze those
87.15economic, employment and sociological effects that cannot be avoided should the action
87.16be implemented. To ensure its use in the decision-making process, the environmental
87.17impact statement shall be prepared as early as practical in the formulation of an action.
87.18No mandatory environmental impact statement may be required for an ethanol plant,
87.19as defined in section
87.20125,000,000 gallons of ethanol annually and is located outside of the seven-county
87.21metropolitan area.
87.22 (a) The board shall by rule establish categories of actions for which environmental
87.23impact statements and for which environmental assessment worksheets shall be prepared
87.24as well as categories of actions for which no environmental review is required under this
87.25section. A mandatory environmental assessment worksheet shall not be required for the
87.26expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
87.27(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
87.28biobutanol facility, as defined in section 41A.105, subdivision 1a, based on the capacity
87.29of the expanded or converted facility to produce alcohol fuel, but must be required if
87.30the ethanol plant meets or exceeds thresholds of other categories of actions for which
87.31environmental assessment worksheets must be prepared. The responsible governmental
87.32unit for an ethanol plant project for which an environmental assessment worksheet is
87.33prepared shall be the state agency with the greatest responsibility for supervising or
87.34approving the project as a whole.
88.1 (b) The responsible governmental unit shall promptly publish notice of the
88.2completion of an environmental assessment worksheet in a manner to be determined by
88.3the board and shall provide copies of the environmental assessment worksheet to the board
88.4and its member agencies. Comments on the need for an environmental impact statement
88.5may be submitted to the responsible governmental unit during a 30-day period following
88.6publication of the notice that an environmental assessment worksheet has been completed.
88.7The responsible governmental unit's decision on the need for an environmental impact
88.8statement shall be based on the environmental assessment worksheet and the comments
88.9received during the comment period, and shall be made within 15 days after the close of
88.10the comment period. The board's chair may extend the 15-day period by not more than 15
88.11additional days upon the request of the responsible governmental unit.
88.12 (c) An environmental assessment worksheet shall also be prepared for a proposed
88.13action whenever material evidence accompanying a petition by not less than
88.14individuals who reside or own property in the county or an adjoining county where the
88.15proposed action will be located, submitted before the proposed project has received final
88.16approval by the appropriate governmental units, demonstrates that, because of the nature
88.17or location of a proposed action, there may be potential for significant environmental
88.18effects. Petitions requesting the preparation of an environmental assessment worksheet
88.19shall be submitted to the board. The chair of the board shall determine the appropriate
88.20responsible governmental unit and forward the petition to it. A decision on the need for
88.21an environmental assessment worksheet shall be made by the responsible governmental
88.22unit within 15 days after the petition is received by the responsible governmental unit.
88.23The board's chair may extend the 15-day period by not more than 15 additional days upon
88.24request of the responsible governmental unit.
88.25 (d) Except in an environmentally sensitive location where Minnesota Rules, part
88.264410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
88.27review under this chapter and rules of the board, if:
88.28 (1) the proposed action is:
88.29 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
88.30 (ii) an expansion of an existing animal feedlot facility with a total cumulative
88.31capacity of less than 1,000 animal units;
88.32 (2) the application for the animal feedlot facility includes a written commitment by
88.33the proposer to design, construct, and operate the facility in full compliance with Pollution
88.34Control Agency feedlot rules; and
88.35 (3) the county board holds a public meeting for citizen input at least ten business
88.36days prior to the Pollution Control Agency or county issuing a feedlot permit for the
89.1animal feedlot facility unless another public meeting for citizen input has been held with
89.2regard to the feedlot facility to be permitted. The exemption in this paragraph is in
89.3addition to other exemptions provided under other law and rules of the board.
89.4 (e) The board may, prior to final approval of a proposed project, require preparation
89.5of an environmental assessment worksheet by a responsible governmental unit selected
89.6by the board for any action where environmental review under this section has not been
89.7specifically provided for by rule or otherwise initiated.
89.8 (f) An early and open process shall be utilized to limit the scope of the environmental
89.9impact statement to a discussion of those impacts, which, because of the nature or location
89.10of the project, have the potential for significant environmental effects. The same process
89.11shall be utilized to determine the form, content and level of detail of the statement as well
89.12as the alternatives which are appropriate for consideration in the statement. In addition,
89.13the permits which will be required for the proposed action shall be identified during the
89.14scoping process. Further, the process shall identify those permits for which information
89.15will be developed concurrently with the environmental impact statement. The board
89.16shall provide in its rules for the expeditious completion of the scoping process. The
89.17determinations reached in the process shall be incorporated into the order requiring the
89.18preparation of an environmental impact statement.
89.19 (g) The responsible governmental unit shall, to the extent practicable, avoid
89.20duplication and ensure coordination between state and federal environmental review
89.21and between environmental review and environmental permitting. Whenever practical,
89.22information needed by a governmental unit for making final decisions on permits or
89.23other actions required for a proposed project shall be developed in conjunction with the
89.24preparation of an environmental impact statement.
89.25 (h) An environmental impact statement shall be prepared and its adequacy
89.26determined within 280 days after notice of its preparation unless the time is extended by
89.27consent of the parties or by the governor for good cause. The responsible governmental
89.28unit shall determine the adequacy of an environmental impact statement, unless within 60
89.29days after notice is published that an environmental impact statement will be prepared,
89.30the board chooses to determine the adequacy of an environmental impact statement. If an
89.31environmental impact statement is found to be inadequate, the responsible governmental
89.32unit shall have 60 days to prepare an adequate environmental impact statement.
89.33 (i) The proposer of a specific action may include in the information submitted to the
89.34responsible governmental unit a preliminary draft environmental impact statement under
89.35this section on that action for review, modification, and determination of completeness and
89.36adequacy by the responsible governmental unit. A preliminary draft environmental impact
90.1statement prepared by the project proposer and submitted to the responsible governmental
90.2unit shall identify or include as an appendix all studies and other sources of information
90.3used to substantiate the analysis contained in the preliminary draft environmental impact
90.4statement. The responsible governmental unit shall require additional studies, if needed,
90.5and obtain from the project proposer all additional studies and information necessary for
90.6the responsible governmental unit to perform its responsibility to review, modify, and
90.7determine the completeness and adequacy of the environmental impact statement.
90.8 Sec. 32. Minnesota Statutes 2010, section 116G.15, subdivision 1, is amended to read:
90.9 Subdivision 1.
90.10National River and Recreation Area established pursuant to United States Code, title
90.1116, section 460zz-2(k), is designated an area of critical concern in accordance with this
90.12chapter.
90.13
90.14
90.15
90.16
90.17
90.18
90.19
90.20
90.21
90.22
90.23
90.24 Sec. 33. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
90.25 Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
90.26legislative bill for appropriations from the environment and natural resources trust fund and
90.27shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
90.28legislative bill requires an affirmative vote of at least 12 members of the commission.
90.29(b)
90.30
90.31
90.32environment and natural resources trust fund, and oil overcharge money under section
90.334.071, subdivision 2, that the agency or entity receiving the appropriation must submit
90.34a work program and semiannual progress reports in the form determined by the
91.1Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
91.2reporting requirements under section 116P.16. None of the money provided may be spent
91.3unless the commission has approved the pertinent work program.
91.4
91.5comment, and report to the commission on research proposals applying for an
91.6appropriation from the oil overcharge money under section 4.071, subdivision 2.
91.7
91.8this chapter.
91.9
91.10(1) ensure that members' expectations are to participate in all meetings related to
91.11funding decision recommendations;
91.12(2) recommend adequate funding for increased citizen outreach and communications
91.13for trust fund expenditure planning;
91.14(3) allow administrative expenses as part of individual project expenditures based
91.15on need;
91.16(4) provide for project outcome evaluation;
91.17(5) keep the grant application, administration, and review process as simple as
91.18possible; and
91.19(6) define and emphasize the leveraging of additional sources of money that project
91.20proposers should consider when making trust fund proposals.
91.21 Sec. 34. Minnesota Statutes 2010, section 168A.40, is amended to read:
91.22168A.40 AUTOMOBILE THEFT PREVENTION PROGRAM.
91.23 Subd. 3. Surcharge. Each insurer engaged in the writing of policies of automobile
91.24insurance shall collect a surcharge, at the rate of 50 cents per vehicle for every six months
91.25of coverage, on each policy of automobile insurance providing comprehensive insurance
91.26coverage issued or renewed in this state. The surcharge may not be considered premium
91.27for any purpose, including the computation of premium tax or agents' commissions.
91.28The amount of the surcharge must be separately stated on either a billing or policy
91.29declaration sent to an insured. Insurers shall remit the revenue derived from this surcharge
91.30at least quarterly to the commissioner of public safety for purposes of the automobile
91.31theft prevention program described in section
91.32subdivision, "policy of automobile insurance" has the meaning given it in section
91.33covering only the following types of vehicles as defined in section
91.34(1) a passenger automobile;
91.35(2) a pickup truck;
92.1(3) a van but not commuter vans as defined in section
92.2(4) a motorcycle,
92.3except that no vehicle with a gross vehicle weight in excess of 10,000 pounds is included
92.4within this definition.
92.5 Subd. 4. Automobile theft prevention account. A special revenue account is
92.6created in the state treasury to be credited with the proceeds of the surcharge imposed
92.7under subdivision 3. Of the revenue in the account, $1,300,000 each year must be
92.8transferred to the general fund. Revenues in excess of $1,300,000 each year may be used
92.9only for the automobile theft prevention program described in section
92.10EFFECTIVE DATE.This section is effective June 30, 2013.
92.11 Sec. 35. Minnesota Statutes 2010, section 216H.02, subdivision 4, is amended to read:
92.12 Subd. 4. General elements of the plan. The plan must:
92.13 (1) estimate 1990 and 2005 greenhouse gas emissions in the state and make
92.14projections of emissions in 2015, 2025, and 2050;
92.15 (2) identify, evaluate, and integrate a broad range of statewide greenhouse gas
92.16reduction options for all emission sectors in the state;
92.17 (3) assess the costs, benefits, and feasibility of implementing the options;
92.18 (4) recommend an integrated set of reduction options and strategies for implementing
92.19the options that will achieve the goals in subdivision 1, including analysis of the associated
92.20costs and benefits to Minnesotans;
92.21 (5) estimate the statewide greenhouse gas emissions reductions anticipated from
92.22implementation of existing state policies; and
92.23 (6) recommend a system to require the reporting of statewide greenhouse gas
92.24emissions, identifying which facilities must report, and how emission estimates should
92.25be made
92.26
92.27
92.28
92.29
92.30
92.31 Sec. 36. Minnesota Statutes 2010, section 290.431, is amended to read:
92.32290.431 NONGAME WILDLIFE CHECKOFF.
93.1Every individual who files an income tax return or property tax refund claim form
93.2may designate on their original return that $1 or more shall be added to the tax or deducted
93.3from the refund that would otherwise be payable by or to that individual and paid into an
93.4account to be established for the management of nongame wildlife. The commissioner
93.5of revenue shall, on the income tax return and the property tax refund claim form, notify
93.6filers of their right to designate that a portion of their tax or refund shall be paid into the
93.7nongame wildlife management account. The sum of the amounts so designated to be paid
93.8shall be credited to the nongame wildlife management account for use by the nongame
93.9program in the Department of Natural Resources. All interest earned on money accrued,
93.10gifts to the program, contributions to the program, and reimbursements of expenditures
93.11in the nongame wildlife management account shall be credited to the account by the
93.12commissioner of management and budget, except that gifts or contributions received
93.13directly by the commissioner of natural resources and directed by the contributor for
93.14use in specific nongame field projects or geographic areas shall be handled according to
93.15section
93.16
93.17
93.18The state pledges and agrees with all contributors to the nongame wildlife
93.19management account to use the funds contributed solely for the management of nongame
93.20wildlife projects and further agrees that it will not impose additional conditions or
93.21restrictions that will limit or otherwise restrict the ability of the commissioner of natural
93.22resources to use the available funds for the most efficient and effective management of
93.23nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
93.24programs for the purpose of developing, preserving, restoring, and maintaining wintering
93.25habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
93.26or contract with any nonprofit organization dedicated to the construction, maintenance, and
93.27repair of such projects that are acceptable to the governmental agency having jurisdiction
93.28over the land and water affected by the projects. Under this authority, the commissioner
93.29may execute agreements and contracts if the commissioner determines that the use of the
93.30funds will benefit neotropical migrant birds that breed in or migrate through the state.
93.31 Sec. 37. Minnesota Statutes 2010, section 290.432, is amended to read:
93.32290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
93.33A corporation that files an income tax return may designate on its original return that
93.34$1 or more shall be added to the tax or deducted from the refund that would otherwise
93.35be payable by or to that corporation and paid into the nongame wildlife management
94.1account established by section
94.2for its nongame wildlife program. The commissioner of revenue shall, on the corporate
94.3tax return, notify filers of their right to designate that a portion of their tax return be paid
94.4into the nongame wildlife management account for the protection of endangered natural
94.5resources. All interest earned on money accrued, gifts to the program, contributions to
94.6the program, and reimbursements of expenditures in the nongame wildlife management
94.7account shall be credited to the account by the commissioner of management and budget,
94.8except that gifts or contributions received directly by the commissioner of natural
94.9resources and directed by the contributor for use in specific nongame field projects or
94.10geographic areas shall be handled according to section
94.11
94.12
94.13
94.14The state pledges and agrees with all corporate contributors to the nongame wildlife
94.15account to use the funds contributed solely for the nongame wildlife program and further
94.16agrees that it will not impose additional conditions or restrictions that will limit or
94.17otherwise restrict the ability of the commissioner of natural resources to use the available
94.18funds for the most efficient and effective management of those programs.
94.19 Sec. 38. Minnesota Statutes 2010, section 299C.40, subdivision 1, is amended to read:
94.20 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
94.21section.
94.22(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
94.23in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
94.24A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
94.25(c) "Law enforcement agency" means a Minnesota municipal police department,
94.26the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
94.27Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
94.28a Minnesota county sheriff's department, the Enforcement Division of the Department of
94.29Natural Resources, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.
94.30 Sec. 39. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
94.31 Subd. 7. Disbursement of surcharges by commissioner of management and
94.32budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
94.33management and budget shall disburse surcharges received under subdivision 6 and
94.34section
95.1 (1) one percent shall be credited to the peace officer training account in the game
95.2and fish fund to provide peace officer training for employees of the Department of Natural
95.3Resources who are licensed under sections
95.4officer authority for the purpose of enforcing game and fish laws;
95.5 (2) 39 percent shall be credited to the peace officers training account in the special
95.6revenue fund; and
95.7 (3) 60 percent shall be credited to the general fund.
95.8 (b) The commissioner of management and budget shall credit $3 of each surcharge
95.9received under subdivision 6 and section
95.10 (c) In addition to any amounts credited under paragraph (a), the commissioner of
95.11management and budget shall credit $47 of each surcharge received under subdivision 6
95.12and section
95.13 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
95.14additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
95.15in the Second Judicial District shall transmit the surcharge to the commissioner of
95.16management and budget. The $1 special surcharge is deposited in a Ramsey County
95.17surcharge account in the special revenue fund and amounts in the account are appropriated
95.18to the trial courts for the administration of the petty misdemeanor diversion program
95.19operated by the Second Judicial District Ramsey County Violations Bureau.
95.20 Sec. 40. Minnesota Statutes 2010, section 609.66, subdivision 1h, is amended to read:
95.21 Subd. 1h. Silencers; authorized for law enforcement and wildlife control
95.22purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
95.23officers may use devices designed to silence or muffle the discharge of a firearm for
95.24tactical emergency response operations. Tactical emergency response operations include
95.25execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
95.26and any other tactical deployments involving high risk circumstances. The chief law
95.27enforcement officer of a law enforcement agency that has the need to use silencing devices
95.28must establish and enforce a written policy governing the use of the devices.
95.29(b) Notwithstanding subdivision 1a, paragraph (a), clause (1),
95.30an enforcement officer, as defined in section
95.31manager, an employee designated under section
95.32with the commissioner of natural resources, at specific times and locations that are
95.33authorized by the commissioner of natural resources may use devices designed to silence
95.34or muffle the discharge of a firearm for wildlife control operations that require stealth.
96.1If the commissioner determines that the use of silencing devices is necessary under this
96.2paragraph, the commissioner must
96.3
96.4transportation of the devices
96.5
96.6
96.7
96.8
96.9 Sec. 41. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
96.10chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is
96.11amended to read:
96.12 Sec. 45. SALE OF STATE LAND.
96.13 Subdivision 1. State land sales. The commissioner of administration shall
96.14coordinate with the head of each department or agency having control of state-owned land
96.15to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
96.16according to law and as provided in this section as soon as practicable but no later than
96.17June 30,
96.19for public sale by only providing notice of lands or an offer of sale of lands to state
96.20departments or agencies, the University of Minnesota, cities, counties, towns, school
96.21districts, or other public entities.
96.22 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
96.24sale of land under this section that exceeds the actual expenses of selling the land must
96.25be deposited in the general fund, except as otherwise provided by the commissioner of
96.26finance. Notwithstanding Minnesota Statutes, section
96.27of finance may establish the timing of payments for land purchased under this section. If
96.28the total of all money deposited into the general fund from the proceeds of the sale of land
96.29under this section is anticipated to be less than $6,440,000, the governor must allocate the
96.30amount of the difference as reductions to general fund operating expenditures for other
96.31executive agencies for the biennium ending June 30,
96.32 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
96.33the general fund in fiscal year 2006 to the commissioner of administration for purposes
96.34of paying the actual expenses of selling state-owned lands to achieve the anticipated
96.35savings required in this section. From the gross proceeds of land sales under this section,
97.1the commissioner of administration must cancel the amount of the appropriation in this
97.2subdivision to the general fund by June 30,
97.3 Sec. 42. Laws 2011, chapter 14, section 16, is amended to read:
97.4 Sec. 16. REPEALER.
97.5Minnesota Statutes 2010, section 41A.09, subdivisions 1a,
97.6repealed.
97.7 Sec. 43. STATE TREE NURSERY PROGRAM RESTRUCTURING; REPORT
97.8REQUIRED; ACCOUNT BALANCE TRANSFER.
97.9(a) By June 30, 2013, the commissioner of natural resources shall discontinue the
97.10tree nursery operations at the General C.C. Andrews State Nursery. After July 1, 2011,
97.11the commissioner shall limit nursery operations at the Baudora State Nursery to the
97.12production of stock for use by the state, concentrating on the production of coniferous
97.13tree stock, with deciduous tree stock production making up no more than two percent of
97.14total annual production.
97.15(b) By January 15, 2012, the commissioner of natural resources shall submit a
97.16budget and financial plan for the state nurseries to the chairs and ranking minority
97.17members of the house of representatives and senate committees and divisions with
97.18jurisdiction over environment and natural resources policy and finance. The plan shall
97.19include a long-term business plan to operate the Baudora State Nursery in a manner that is
97.20self sufficient. The plan shall also include options for the General C.C. Andrews State
97.21Nursery land and assets, including selling the land, leasing the nursery, and selling the
97.22nursery and assets to a licensed, private nursery.
97.23(c) By June 30, 2012, the commissioner of management and budget shall transfer
97.24$500,000 from the forest nursery account to the general fund. By June 30, 2013, the
97.25commissioner of management and budget shall transfer an additional $500,000 from the
97.26forest nursery account to the general fund.
97.27(d) If the Badoura Nursery operation draws upon more than ten percent of reserves in
97.28two consecutive fiscal years after fiscal year 2012, the commissioner of natural resources
97.29shall immediately begin a three year phase-out of all state nursery operations.
97.30EFFECTIVE DATE.This section is effective the day following final enactment.
97.31 Sec. 44. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS
97.32STANDARD; LAKE PEPIN.
98.1The commissioner of the Pollution Control Agency shall coordinate with the
98.2Wisconsin Department of Natural Resources in establishing a phosphorus standard for
98.3Lake Pepin and shall advocate implementation of a phosphorus standard that considers
98.4nutrient impacts on algal growth applicable during the June to September growing season
98.5only. If necessary, the commissioner may engage in a conference with the Wisconsin
98.6Department of Natural Resources according to section 103 of the Clean Water Act, United
98.7States Code, title 33, section 1253, to resolve any discrepancies in the states' respective
98.8standards.
98.9 Sec. 45. TERRY MCGAUGHEY MEMORIAL BRIDGE.
98.10The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
98.11that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
98.12commissioner shall place signs with the designation on both ends of the bridge.
98.13 Sec. 46. RULEMAKING.
98.14The rulemaking authority granted under Minnesota Statutes, section 116G.15,
98.15subdivision 7, is explicitly repealed by this act and any rulemaking to effectuate the
98.16purpose of Laws 2009, chapter 172, article 2, section 27, commenced by the commissioner
98.17of natural resources under that authority or any other authority is void and must cease on
98.18the effective date of this section.
98.19 Sec. 47. WILD RICE RULEMAKING AND RESEARCH.
98.20(a) Upon completion of the research referenced in paragraph (d), the commissioner
98.21of the Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
98.227050. The amended rule shall:
98.23(1) establish water quality standards for waters containing natural beds of wild rice,
98.24as well as for irrigation waters used for the production of wild rice; and
98.25(2) designate each body of water, or specific portion thereof, to which the wild rice
98.26water quality standard applies and the specific times of year during which the standard
98.27applies.
98.28(b) "Waters containing natural beds of wild rice" means waters where significant
98.29quantities of wild rice occur naturally. Before designating waters containing natural beds
98.30of wild rice as waters subject to a standard, the commissioner of the Pollution Control
98.31Agency shall establish criteria for the waters after consultation with the Department of
98.32Natural Resources, Minnesota Indian tribes, and other interested parties and after public
98.33notice and comment. The criteria shall include, but not be limited to, documented history
99.1of wild rice harvests, minimum acreage, and wild rice density. Waters where individual
99.2wild rice plants or isolated, sparse stands of wild rice exist shall not be designated as
99.3subject to the standard.
99.4(c) Within 30 days of the effective date of this section, the commissioner of
99.5the Pollution Control Agency must create an advisory group to provide input to the
99.6commissioner on a protocol for scientific research to assess the impacts of sulfates and
99.7other substances on the growth of wild rice, review research results, and provide other
99.8advice on the development of future rule amendments to protect wild rice. The group
99.9must include representatives of tribal governments, municipal wastewater treatment
99.10facilities, industrial dischargers, wild rice harvesters, wild rice research experts, and
99.11citizen organizations.
99.12(d) After receiving the advice of the advisory group under paragraph (c), consultation
99.13with the commissioner of natural resources, and review of all available scientific
99.14research on water quality and other environmental impacts on the growth of wild rice,
99.15the commissioner of the Pollution Control Agency shall adopt and implement a wild
99.16rice research plan using the money appropriated to contract with appropriate scientific
99.17experts. The commissioner shall periodically review the results of the research with the
99.18commissioner of natural resources and the advisory group.
99.19(e) To the extent allowable under the federal Clean Water Act, during the pendency
99.20of the rule amendment described in paragraph (a), the Pollution Control Agency, with
99.21respect to permits issued for the discharge of wastewater, shall exercise its powers
99.22under Minnesota Statutes, section 115.03, subdivision 1, paragraph (e), to enter into
99.23schedules of compliance to ensure that no permittee is required to expend funds for design
99.24and implementation of sulfate treatment technologies until after the rule amendment
99.25is complete. Nothing shall prevent the Pollution Control Agency from including in a
99.26schedule of compliance a requirement to monitor sulfate concentrations in discharges and,
99.27if appropriate, based on site-specific conditions, a requirement to implement a sulfate
99.28minimization plan to avoid or minimize sulfate concentrations during periods when wild
99.29rice may be susceptible to damage.
99.30(f) To the extent that the commissioner of the Pollution Control Agency determines
99.31that provisions of the federal Clean Water Act or other federal laws limits full
99.32implementation of paragraph (e), the commissioner shall fully exercise the agency's
99.33authority under state and federal law and regulations to ensure, to the fullest extent
99.34possible, that no permittee is required to expend funds for design and implementation of
99.35sulfate treatment technologies until after the rule amendment described in paragraph
99.36(a) is complete. If the commissioner determines that amendments to Minnesota Rules
100.1are necessary to ensure that no permittee is required to expend funds for design and
100.2implementation of sulfate treatment technologies until after the rule amendment described
100.3in paragraph (a) is complete, the commissioner may use the good cause exemption under
100.4Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules necessary to
100.5implement this section, and Minnesota Statutes, section 14.386, does not apply, except as
100.6provided in Minnesota Statutes, section 14.388.
100.7(g) Upon completion of the rule amendment described in paragraph (a), the Pollution
100.8Control Agency shall modify the discharge limits in the affected wastewater discharge
100.9permits to reflect the new standards in accordance with state and federal regulations and
100.10shall exercise its powers to enter into schedules of compliance in the permits.
100.11(h) By December 15, 2011, the commissioner of the Pollution Control Agency
100.12shall submit a report to the chairs and ranking minority members of the environment and
100.13natural resources committees of the house of representatives and senate on the status
100.14of implementation of this section. The report must include an estimated timeline for
100.15completion of the wild rice research plan and initiation and completion of the formal
100.16rulemaking process under Minnesota Statutes, chapter 14.
100.17(i) To the extent allowable under the federal Clean Water Act, until the rule
100.18amendment described in paragraph (a) is finally adopted, the agency shall suspend the
100.19standard for sulfate for class 4 waters.
100.20EFFECTIVE DATE.This section is effective the day following final enactment.
100.21 Sec. 48. WATER RULEMAKING LEGISLATIVE REVIEW.
100.22Until June 30, 2013, all proposed rules related to water quality or water resource
100.23protection must be consistent with other local, state, and federal rules, and must be able
100.24to achieve the legislatively intended outcome as effectively and efficiently as possible.
100.25To ensure that all proposed rules satisfy this legislative policy, the proposed rules must
100.26be submitted to the Legislative Coordinating Commission prior to the filing of the notice
100.27of intent to adopt. The agency submitting the proposed rule shall provide the following
100.28information:
100.29(1) an explanation of how the proposed rule is consistent with other water-related
100.30rules; and
100.31(2) a statement from other affected agencies that they do not object to the proposed
100.32rule being inconsistent or contrary to any existing rule and accept the proposing agency's
100.33jurisdiction over the subject matter of the proposed rule.
100.34Within 60 days of receipt of the proposed water-related rule, the commission may
100.35notify the agency proposing the rule that the commission agrees that the rule does not
101.1comply with the legislative policy, that rules are not consistent with all other water-related
101.2rules, or the agency is not the appropriate authority for jurisdiction over the proposed rules.
101.3 Sec. 49. INTEREST IN LANDS EXTENDED.
101.4Notwithstanding any law to the contrary, Dakota County's reversionary interests in
101.5lands deeded by Dakota County to the state of Minnesota, as contemplated by Laws 1975,
101.6chapter 382, and currently maintained and used for the purposes of a state zoological
101.7garden in Apple Valley, Minnesota, to wit, those lands described in documents recorded in
101.8the Dakota County Property Records Office as Document No. 433980 and Document No.
101.9439719, excluding lands subject to that certain quit claim deed recorded as Document No.
101.101246646 and excluding lands subject to that certain quit claim deed recorded as Document
101.11No. 1330383, are extended and remain permanently valid and operative.
101.12EFFECTIVE DATE.This section is effective upon compliance by the Dakota
101.13County Board of Commissioners with the provisions of Minnesota Statutes, section
101.14645.021.
101.15 Sec. 50. EVALUATION REQUIRED.
101.16(a) The Department of Administration shall evaluate state and local water-related
101.17programs, policies, and permits to make recommendations for cost savings, increased
101.18productivity, and the elimination of duplication among public agencies.
101.19(b) The evaluation must:
101.20(1) identify current rules relating to surface and groundwater, including those related
101.21to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild
101.22and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for
101.23each rule specify:
101.24(i) the statutory authority;
101.25(ii) intended outcomes;
101.26(iii) the cost to state and local government and the private sector; and
101.27(iv) the relationship of the rule to other local, state, and federal rules;
101.28(2) assess the pros and cons of alternative approaches to implementing water-related
101.29programs, policies, and permits, including local, state, and regional-based approaches;
101.30(3) identify inconsistencies and redundancy between local, state, and federal rules;
101.31(4) identify means to coordinate rulemaking and implementation so as to achieve
101.32intended outcomes more effectively and efficiently;
101.33(5) identify a rule assessment and evaluation process for determining whether each
101.34identified rule should be continued or repealed;
102.1(6) rely on scientific, peer-reviewed data, including the studies of the National
102.2Academy of Sciences;
102.3(7) evaluate current responsibilities of the Pollution Control Agency, Department of
102.4Natural Resources, Board of Water and Soil Resources, Environmental Quality Board,
102.5Department of Agriculture, and Department of Health for developing and implementing
102.6water-related programs, policies, and permits and make recommendations for reallocating
102.7responsibilities among the agencies; and
102.8(8) assess the current role of the clean water fund in supporting water-related
102.9programs and policies and make recommendations for allocating resources among the
102.10agencies that collaborate and partner in spending the clean water fund consistent with
102.11the other recommendations of the study.
102.12(c) The commissioner of administration must submit the study results and make
102.13recommendations to agencies listed under paragraph (a) and to the chairs and ranking
102.14minority party members of the senate and house of representatives committees having
102.15primary jurisdiction over environment and natural resources policy and finance no later
102.16than January 15, 2012.
102.17 Sec. 51. REVISOR'S INSTRUCTION.
102.18The revisor of statutes shall recodify section 65B.84 as section 299A.625.
102.19EFFECTIVE DATE.This section is effective June 30, 2013.
102.20 Sec. 52. REPEALER.
102.21Minnesota Statutes 2010, sections 84.027, subdivision 11; 89.06; 89.37, subdivisions
102.222, 3, and 3a; 116G.15, subdivisions 2, 3, 4, 5, 6, and 7; 116P.14; and 216H.03, are
102.23repealed."
102.24Delete the title and insert:
102.26relating to state government; appropriating money for environment, natural
102.27resources, commerce, and energy; creating accounts; modifying disposition of
102.28certain receipts; creating an advisory committee; modifying automobile theft
102.29prevention program; requiring nonresident off-road vehicle state trail pass;
102.30modifying state tree nursery provisions; modifying fees; modifying feedlot
102.31provisions; modifying environmental review requirements; modifying critical
102.32areas; modifying greenhouse gas emissions control requirements; modifying
102.33reporting requirements; modifying requirements for department use of silencers;
102.34designating a bridge; modifying definitions; modifying Petroleum Tank Release
102.35Cleanup Act; requiring rulemaking;amending Minnesota Statutes 2010, sections
102.3641A.105, by adding a subdivision; 65B.84; 84D.15, subdivision 2; 85.052,
102.37subdivision 4; 89.039, subdivision 1; 89.21; 89.35, subdivision 2; 89.36,
102.38subdivision 1; 89.37, subdivisions 1, 3b; 93.481, subdivision 7; 97A.055, by
102.39adding a subdivision; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision
103.16; 103G.301, by adding a subdivision; 103G.615, subdivision 2; 115.073;
103.2115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c; 115C.13;
103.3116.06, by adding a subdivision; 116.07, subdivision 7c; 116D.04, subdivision
103.42a, as amended; 116G.15, subdivision 1; 116P.05, subdivision 2; 168A.40;
103.5216H.02, subdivision 4; 290.431; 290.432; 299C.40, subdivision 1; 357.021,
103.6subdivision 7; 609.66, subdivision 1h; Laws 2005, chapter 156, article 2, section
103.745, as amended; Laws 2011, chapter 14, section 16; proposing coding for
103.8new law in Minnesota Statutes, chapters 16E; 84; 89; 97A; 103G; repealing
103.9Minnesota Statutes 2010, sections 84.027, subdivision 11; 89.06; 89.37,
103.10subdivisions 2, 3, 3a; 116G.15, subdivisions 2, 3, 4, 5, 6, 7; 116P.14; 216H.03."