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HF 1010

4th Engrossment - 87th Legislature (2011 - 2012) Posted on 05/19/2011 07:16pm

KEY: stricken = removed, old language. underscored = added, new language.

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Introduction Pdf Posted on 03/10/2011
1st Engrossment Pdf Posted on 03/24/2011
2nd Engrossment Pdf Posted on 03/28/2011
3rd Engrossment Pdf Posted on 03/29/2011
4th Engrossment Pdf Posted on 05/19/2011

Conference Committee Reports

LS87-CCR-HF1010A Pdf Posted on 05/17/2011

Current Version - 4th Engrossment

1.1A bill for an act
1.2relating to state government; appropriating money for environment, natural
1.3resources, commerce, and energy; creating accounts; modifying disposition of
1.4certain receipts; creating an advisory committee; modifying automobile theft
1.5prevention program; requiring nonresident off-road vehicle state trail pass;
1.6modifying state tree nursery provisions; modifying fees; modifying feedlot
1.7provisions; modifying environmental review requirements; modifying critical
1.8areas; modifying greenhouse gas emissions control requirements; modifying
1.9reporting requirements; modifying requirements for department use of silencers;
1.10designating a bridge; modifying definitions; modifying Petroleum Tank Release
1.11Cleanup Act; requiring rulemaking;amending Minnesota Statutes 2010, sections
1.1241A.105, by adding a subdivision; 65B.84; 84D.15, subdivision 2; 85.052,
1.13subdivision 4; 89.039, subdivision 1; 89.21; 89.35, subdivision 2; 89.36,
1.14subdivision 1; 89.37, subdivisions 1, 3b; 93.481, subdivision 7; 97A.055, by
1.15adding a subdivision; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision
1.166; 103G.301, by adding a subdivision; 103G.615, subdivision 2; 115.073;
1.17115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c; 115C.13;
1.18116.06, by adding a subdivision; 116.07, subdivision 7c; 116D.04, subdivision
1.192a, as amended; 116G.15, subdivision 1; 116P.05, subdivision 2; 168A.40;
1.20216H.02, subdivision 4; 290.431; 290.432; 299C.40, subdivision 1; 357.021,
1.21subdivision 7; 609.66, subdivision 1h; Laws 2005, chapter 156, article 2, section
1.2245, as amended; Laws 2011, chapter 14, section 16; proposing coding for
1.23new law in Minnesota Statutes, chapters 16E; 84; 89; 97A; 103G; repealing
1.24Minnesota Statutes 2010, sections 84.027, subdivision 11; 89.06; 89.37,
1.25subdivisions 2, 3, 3a; 116G.15, subdivisions 2, 3, 4, 5, 6, 7; 116P.14; 216H.03.
1.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27ARTICLE 1
1.28ENVIRONMENT AND NATURAL RESOURCES FINANCE

1.29
Section 1. SUMMARY OF APPROPRIATIONS.
1.30    The amounts shown in this section summarize direct appropriations, by fund, made
1.31in this article.
2.1
2012
2013
Total
2.2
General
$
68,531,000
$
68,426,000
$
136,957,000
2.3
2.4
State Government Special
Revenue
75,000
75,000
150,000
2.5
Environmental
63,089,000
62,783,000
125,872,000
2.6
Natural Resources
89,875,000
90,259,000
180,134,000
2.7
Game and Fish
89,242,000
88,545,000
177,787,000
2.8
Remediation
10,596,000
10,596,000
21,192,000
2.9
Permanent School
200,000
200,000
400,000
2.10
Total
$
321,608,000
$
320,884,000
$
642,492,000

2.11
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
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.
2.20
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
2.26
Appropriations by Fund
2.27
2012
2013
2.28
General
2,836,000
2,836,000
2.29
2.30
State Government
Special Revenue
75,000
75,000
2.31
Environmental
63,089,000
62,783,000
2.32
Remediation
10,496,000
10,496,000
2.33The amounts that may be spent for each
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
3.7$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
3.36assessments, total maximum daily loads,
4.1storm water, and local basinwide water
4.2quality protection in this subdivision are
4.3available until June 30, 2016.
4.4
Subd. 3.Air
12,297,000
12,466,000
4.5
Appropriations by Fund
4.6
2012
2013
4.7
Environmental
12,297,000
12,466,000
4.8$200,000 the first year and $200,000 the
4.9second year are from the environmental fund
4.10for a monitoring program under Minnesota
4.11Statutes, section 116.454.
4.12Up to $150,000 the first year and $150,000
4.13the second year may be transferred from the
4.14environmental fund to the small business
4.15environmental improvement loan account
4.16established in Minnesota Statutes, section
4.17116.993.
4.18$125,000 the first year and $125,000 the
4.19second year are from the environmental fund
4.20for monitoring ambient air for hazardous
4.21pollutants in the metropolitan area.
4.22
Subd. 4.Land
17,412,000
17,412,000
4.23
Appropriations by Fund
4.24
2012
2013
4.25
Environmental
6,916,000
6,916,000
4.26
Remediation
10,496,000
10,496,000
4.27All money for environmental response,
4.28compensation, and compliance in the
4.29remediation fund not otherwise appropriated
4.30is appropriated to the commissioners of the
4.31Pollution Control Agency and agriculture
4.32for purposes of Minnesota Statutes, section
4.33115B.20, subdivision 2, clauses (1), (2),
4.34(3), (6), and (7). At the beginning of each
4.35fiscal year, the two commissioners shall
5.1jointly submit an annual spending plan
5.2to the commissioner of management and
5.3budget that maximizes the utilization of
5.4resources and appropriately allocates the
5.5money between the two departments. This
5.6appropriation is available until June 30, 2013.
5.7$3,616,000 the first year and $3,616,000 the
5.8second year are from the petroleum tank fund
5.9to be transferred to the remediation fund for
5.10purposes of the leaking underground storage
5.11tank program to protect the land.
5.12$252,000 the first year and $252,000 the
5.13second year are from the remediation fund
5.14for transfer to the commissioner of health for
5.15private water supply monitoring and health
5.16assessment costs in areas contaminated
5.17by unpermitted mixed municipal solid
5.18waste disposal facilities and drinking water
5.19advisories and public information activities
5.20for areas contaminated by hazardous releases.
5.21$128,000 the first year is from the
5.22environmental fund for transfer to the
5.23Department of Health to complete
5.24the environmental health tracking
5.25and biomonitoring analysis related to
5.26perfluorochemicals and disseminate the
5.27results.
5.28
5.29
Subd. 5.Environmental Assistance and
Cross-Media
25,185,000
24,785,000
5.30
Appropriations by Fund
5.31
2012
2013
5.32
Environmental
25,185,000
24,785,000
5.33$14,250,000 the first year and $14,250,000
5.34the second year are from the environmental
5.35fund for SCORE block grants to counties.
6.1$119,000 the first year and $119,000 the
6.2second year are from the environmental
6.3fund for environmental assistance grants
6.4or loans under Minnesota Statutes, section
6.5115A.0716. Any unencumbered grant and
6.6loan balances in the first year do not cancel
6.7but are available for grants and loans in the
6.8second year.
6.9$89,000 the first year and $89,000 the
6.10second year are from the environmental fund
6.11for duties related to harmful chemicals in
6.12products under Minnesota Statutes, section
6.13116.9401 to 116.9407. Of this amount,
6.14$57,000 each year is transferred to the
6.15commissioner of health.
6.16$315,000 the first year and $315,000 the
6.17second year are from the environmental fund
6.18for the electronics waste program under
6.19Minnesota Statutes, sections 115A.1310 to
6.20115A.1330.
6.21$400,000 the first year is from the
6.22environmental fund for the costs of
6.23implementing general operating permits for
6.24feedlots over 1,000 animal units. This is a
6.25onetime appropriation.
6.26All money deposited in the environmental
6.27fund for the metropolitan solid waste
6.28landfill fee in accordance with Minnesota
6.29Statutes, section 473.843, and not otherwise
6.30appropriated, is appropriated for the purposes
6.31of Minnesota Statutes, section 473.844.
6.32Notwithstanding Minnesota Statutes, section
6.3316A.28, the appropriations encumbered on
6.34or before June 30, 2013, as contracts or
6.35grants for surface water and groundwater
7.1assessments; environmental assistance
7.2awarded under Minnesota Statutes, section
7.3115A.0716; technical and research assistance
7.4under Minnesota Statutes, section 115A.152;
7.5technical assistance under Minnesota
7.6Statutes, section 115A.52; and pollution
7.7prevention assistance under Minnesota
7.8Statutes, section 115D.04, are available until
7.9June 30, 2015.
7.10
Subd. 6.Remediation Fund
7.11The commissioner shall transfer $42,000,000
7.12from the environmental fund to the
7.13remediation fund for the purposes of the
7.14remediation fund under Minnesota Statutes,
7.15section 116.155, subdivision 2.

7.16
Sec. 4. NATURAL RESOURCES
7.17
Subdivision 1.Total Appropriation
$
219,931,000
$
219,613,000
7.18
Appropriations by Fund
7.19
2012
2013
7.20
General
46,834,000
46,829,000
7.21
Natural Resources
83,555,000
83,939,000
7.22
Game and Fish
89,242,000
88,545,000
7.23
Remediation
100,000
100,000
7.24
Permanent School
200,000
200,000
7.25The amounts that may be spent for each
7.26purpose are specified in the following
7.27subdivisions.
7.28
7.29
Subd. 2.Land and Mineral Resources
Management
7,522,000
7,522,000
7.30
Appropriations by Fund
7.31
2012
2013
7.32
General
2,461,000
2,461,000
7.33
Natural Resources
3,459,000
3,459,000
7.34
Game and Fish
1,402,000
1,402,000
7.35
Permanent School
200,000
200,000
8.1$2,696,000 the first year and $2,696,000
8.2the second year are from the minerals
8.3management account in the natural resources
8.4fund for use as provided in Minnesota
8.5Statutes, section 93.2236, paragraph (c),
8.6for mineral resource management, projects
8.7to enhance future mineral income, and
8.8projects to promote new mineral resource
8.9opportunities.
8.10$68,000 the first year and $68,000 the
8.11second year are for minerals cooperative
8.12environmental research, of which $34,000
8.13the first year and $40,000 the second year are
8.14available only as matched by $1 of nonstate
8.15money for each $1 of state money. The
8.16match may be cash or in-kind.
8.17$251,000 the first year and $251,000 the
8.18second year are for iron ore cooperative
8.19research. Of this amount, $200,000 each year
8.20is from the minerals management account
8.21in the natural resources fund. $175,000 the
8.22first year and $175,000 the second year are
8.23available only as matched by $1 of nonstate
8.24money for each $1 of state money. The match
8.25may be cash or in-kind. Any unencumbered
8.26balance from the first year does not cancel
8.27and is available in the second year.
8.28$630,000 the first year and $630,000 the
8.29second year are from the dedicated receipts
8.30account in the natural resources fund to cover
8.31the costs associated with issuing licenses for
8.32land and water crossings and road easements.
8.33$200,000 the first year and $200,000 the
8.34second year are from the state forest suspense
8.35account in the permanent school fund to
9.1accelerate land exchanges, land sales, and
9.2commercial leasing of school trust lands and
9.3to identify, evaluate, and lease construction
9.4aggregate located on school trust lands. This
9.5appropriation is to be used for securing
9.6maximum long-term economic return
9.7from the school trust lands consistent with
9.8fiduciary responsibilities and sound natural
9.9resources conservation and management
9.10principles.
9.11The appropriations in Laws 2007, chapter
9.1257, article 1, section 4, subdivision 2, as
9.13amended by Laws 2009, chapter 37, article
9.141, section 60, for support of the land records
9.15management system are available until June
9.1630, 2013.
9.17
Subd. 3.Ecological and Water Resources
21,550,000
21,550,000
9.18
Appropriations by Fund
9.19
2012
2013
9.20
General
6,571,000
6,571,000
9.21
Natural Resources
10,280,000
10,280,000
9.22
Game and Fish
4,699,000
4,699,000
9.23$2,742,000 the first year and $2,742,000 the
9.24second year are from the invasive species
9.25account in the natural resources fund and
9.26$1,674,000 the first year and $1,674,000 the
9.27second year are from the general fund for
9.28management, public awareness, assessment
9.29and monitoring research, law enforcement,
9.30and water access inspection to prevent the
9.31spread of invasive species; management
9.32of invasive plants in public waters; and
9.33management of terrestrial invasive species
9.34on state-administered lands.
9.35$5,000,000 the first year, and $5,000,000 the
9.36second year are from the water management
10.1account in the natural resources fund for only
10.2the purposes specified in Minnesota Statutes,
10.3section 103G.27, subdivision 2.
10.4$264,000 the first year and $264,000 the
10.5second year are for grants for up to 50
10.6percent of the cost of implementation of
10.7the Red River mediation agreement. The
10.8commissioner shall submit a report to the
10.9chairs of the legislative committees having
10.10primary jurisdiction over environment and
10.11natural resources policy and finance on the
10.12accomplishments achieved with the grants
10.13by January 15, 2014.
10.14$1,636,000 the first year and $1,636,000
10.15the second year are from the heritage
10.16enhancement account in the game and
10.17fish fund for only the purposes specified
10.18in Minnesota Statutes, section 297A.94,
10.19paragraph (e), clause (1).
10.20$1,223,000 the first year and $1,223,000 the
10.21second year are from the nongame wildlife
10.22management account in the natural resources
10.23fund for the purpose of nongame wildlife
10.24management. Notwithstanding Minnesota
10.25Statutes, section 290.431, $100,000 the first
10.26year and $100,000 the second year may
10.27be used for nongame wildlife information,
10.28education, and promotion.
10.29$1,000,000 the first year and $1,000,000 the
10.30second year from the heritage enhancement
10.31account in the game and fish fund is for law
10.32enforcement and water access inspection
10.33to prevent the spread of aquatic invasive
10.34species. This is a onetime appropriation.
10.35
Subd. 4.Forest Management
31,887,000
31,887,000
11.1
Appropriations by Fund
11.2
2012
2013
11.3
General
17,880,000
17,880,000
11.4
Natural Resources
13,093,000
13,093,000
11.5
Game and Fish
914,000
914,000
11.6$7,145,000 the first year and $7,145,000
11.7the second year are for prevention,
11.8presuppression, and suppression costs of
11.9emergency firefighting and other costs
11.10incurred under Minnesota Statutes, section
11.1188.12. The amount necessary to pay for
11.12presuppression and suppression costs during
11.13the biennium is appropriated from the general
11.14fund.
11.15By January 15 of each year, the commissioner
11.16of natural resources shall submit a report to
11.17the chairs and ranking minority members
11.18of the house and senate committees
11.19and divisions having jurisdiction over
11.20environment and natural resources finance,
11.21identifying all firefighting costs incurred
11.22and reimbursements received in the prior
11.23fiscal year. These appropriations may
11.24not be transferred. Any reimbursement
11.25of firefighting expenditures made to the
11.26commissioner from any source other than
11.27federal mobilizations shall be deposited into
11.28the general fund.
11.29$13,093,000 the first year and $13,093,000
11.30the second year are from the forest
11.31management investment account in the
11.32natural resources fund for only the purposes
11.33specified in Minnesota Statutes, section
11.3489.039, subdivision 2.
11.35$580,000 the first year and $580,000 the
11.36second year are for the Forest Resources
12.1Council for implementation of the
12.2Sustainable Forest Resources Act.
12.3$250,000 in the first year and $250,000 in the
12.4second year are for the FORIST system.
12.5$650,000 the first year and $650,000
12.6the second year are from the heritage
12.7enhancement account in the game and fish
12.8fund to maintain and expand the ecological
12.9classification system program. This is a
12.10onetime appropriation.
12.11After the commissioner approves a
12.12sustainable resources management plan,
12.13any division of the Department of
12.14Natural Resources seeking interaction
12.15with the Division of Forestry on projects
12.16to implement the plan must reimburse
12.17the Division of Forestry for time spent
12.18responding to questions, concerns, or
12.19challenges to the projects.
12.20
Subd. 5.Parks and Trails Management
64,295,000
63,965,000
12.21
Appropriations by Fund
12.22
2012
2013
12.23
General
16,626,000
16,621,000
12.24
Natural Resources
45,475,000
45,150,000
12.25
Game and Fish
2,194,000
2,194,000
12.26$1,075,000 the first year and $1,075,000 the
12.27second year are from the water recreation
12.28account in the natural resources fund for
12.29enhancing public water access facilities.
12.30The appropriation in Laws 2003, chapter
12.31128, article 1, section 5, subdivision 6, from
12.32the water recreation account in the natural
12.33resources fund for a cooperative project with
12.34the United States Army Corps of Engineers
12.35to develop the Mississippi Whitewater Park
13.1is available until June 30, 2013. The project
13.2must be designed to prevent the spread of
13.3aquatic invasive species.
13.4$5,731,000 the first year and $5,731,000 the
13.5second year are from the natural resources
13.6fund for state trail, park, and recreation area
13.7operations. This appropriation is from the
13.8revenue deposited in the natural resources
13.9fund under Minnesota Statutes, section
13.10297A.94, paragraph (e), clause (2).
13.11$8,424,000 the first year and $8,424,000
13.12the second year are from the snowmobile
13.13trails and enforcement account in the
13.14natural resources fund for the snowmobile
13.15grants-in-aid program. Any unencumbered
13.16balance does not cancel at the end of the first
13.17year and is available for the second year.
13.18$1,360,000 the first year and $1,360,000
13.19the second year are from the natural
13.20resources fund for the off-highway vehicle
13.21grants-in-aid program. Of this amount,
13.22$1,110,000 each year is from the all-terrain
13.23vehicle account; $150,000 each year is from
13.24the off-highway motorcycle account; and
13.25$100,000 each year is from the off-road
13.26vehicle account. Any unencumbered balance
13.27does not cancel at the end of the first year
13.28and is available for the second year.
13.29$805,000 the first year and $805,000 the
13.30second year are from the natural resources
13.31fund for trail grants to local units of
13.32government on land to be maintained for at
13.33least 20 years for the purposes of the grants.
13.34This appropriation is from the revenue
13.35deposited in the natural resources fund
14.1under Minnesota Statutes, section 297A.94,
14.2paragraph (e), clause (4).
14.3$200,000 the first year from the off-highway
14.4vehicle damage account in the natural
14.5resources fund is for all-terrain vehicle
14.6grants-in-aid.
14.7$100,000 the first year is from the all-terrain
14.8vehicle account in the natural resources fund
14.9for a pass-through grant to Lake County for
14.10completion of the Lake County Regional
14.11All-Terrain Vehicle Trail. This is a onetime
14.12appropriation and is available until spent.
14.13$400,000 each year is from the all-terrain
14.14vehicle account in the natural resources
14.15fund. Of this amount, $100,000 the first
14.16year and $100,000 the second year are for
14.17the all-terrain vehicle grant-in-aid trails
14.18program. $200,000 the first year and
14.19$200,000 the second year are for the creation
14.20and development of all-terrain vehicle
14.21trails. $100,000 each year is to provide
14.22downloadable trail maps on the Internet and
14.23is a onetime appropriation. By January 1,
14.242013, the commissioner shall submit a report
14.25to the chairs and ranking minority members
14.26of the legislative committees and divisions
14.27with jurisdiction over natural resources
14.28policy and finance. The report must indicate
14.29where and how many miles of new all-terrain
14.30vehicle trails were created and designated
14.31with appropriations under this paragraph.
14.32The commissioner shall not close any state
14.33park or state recreation area between July 1,
14.342011, and June 30, 2013, that is funded with
14.35money appropriated in this article.
15.1
Subd. 6.Fish and Wildlife Management
60,761,000
60,161,000
15.2
Appropriations by Fund
15.3
2012
2013
15.4
General
199,000
199,000
15.5
Natural Resources
1,899,000
1,899,000
15.6
Game and Fish
58,663,000
58,063,000
15.7$100,000 the first year and $100,000 the
15.8second year are from the nongame wildlife
15.9account in the natural resources fund for gray
15.10wolf research.
15.11$120,000 the first year and $120,000 the
15.12second year are from the game and fish fund
15.13for gray wolf management.
15.14$8,167,000 the first year and $8,167,000
15.15the second year are from the heritage
15.16enhancement account in the game and
15.17fish fund only for activities specified in
15.18Minnesota Statutes, section 297A.94,
15.19paragraph (e), clause (1). Notwithstanding
15.20Minnesota Statutes, section 297A.94, five
15.21percent of this appropriation may be used for
15.22expanding hunter and angler recruitment and
15.23retention.
15.24Notwithstanding Minnesota Statutes, section
15.2584.943, $13,000 the first year and $13,000
15.26the second year from the critical habitat
15.27private sector matching account may be used
15.28to publicize the critical habitat license plate
15.29match program.
15.30$199,000 the first year and $199,000 the
15.31second year are for preserving, restoring, and
15.32enhancing grassland and wetland complexes
15.33on public or private lands.
15.34$600,000 the first year is from the game and
15.35fish fund for land acquisition.
16.1Notwithstanding Minnesota Statutes, section
16.216A.28, the appropriations encumbered
16.3under contract on or before June 30, 2013, for
16.4aquatic restoration grants and wildlife habitat
16.5grants are available until June 30, 2014.
16.6
Subd. 7.Enforcement
31,613,000
32,225,000
16.7
Appropriations by Fund
16.8
2012
2013
16.9
General
2,216,000
2,216,000
16.10
Natural Resources
8,868,000
9,577,000
16.11
Game and Fish
20,429,000
20,332,000
16.12
Remediation
100,000
100,000
16.13$1,204,000 the first year and $1,307,000
16.14the second year are from the heritage
16.15enhancement account in the game and
16.16fish fund for only the purposes specified
16.17in Minnesota Statutes, section 297A.94,
16.18paragraph (e), clause (1).
16.19$240,000 the first year and $143,000
16.20the second year are from the heritage
16.21enhancement account in the game and fish
16.22fund for a conservation officer academy.
16.23$315,000 the first year and $315,000 the
16.24second year are from the snowmobile
16.25trails and enforcement account in the
16.26natural resources fund for grants to local
16.27law enforcement agencies for snowmobile
16.28enforcement activities. Any unencumbered
16.29balance does not cancel at the end of the first
16.30year and is available for the second year.
16.31$250,000 the first year and $250,000 the
16.32second year are from the all-terrain vehicle
16.33account for grants to qualifying organizations
16.34to assist in safety and environmental
16.35education and monitoring trails on public
17.1lands under Minnesota Statutes, section
17.284.9011. Grants issued under this paragraph:
17.3(1) must be issued through a formal
17.4agreement with the organization; and (2)
17.5must not be used as a substitute for traditional
17.6spending by the organization. By December
17.715 each year, an organization receiving a
17.8grant under this paragraph shall report to the
17.9commissioner with details on expenditures
17.10and outcomes from the grant. By January
17.1115, 2013, the commissioner shall report on
17.12the expenditures and outcomes of the grants
17.13to the chairs and ranking minority members
17.14of the legislative committees and divisions
17.15having jurisdiction over natural resources
17.16policy and finance. Of this appropriation,
17.17$25,000 each year is for administration of
17.18these grants. Any unencumbered balance
17.19does not cancel at the end of the first year
17.20and is available for the second year.
17.21$510,000 the first year and $510,000
17.22the second year are from the natural
17.23resources fund for grants to county law
17.24enforcement agencies for off-highway
17.25vehicle enforcement and public education
17.26activities based on off-highway vehicle use
17.27in the county. Of this amount, $498,000 each
17.28year is from the all-terrain vehicle account;
17.29$11,000 each year is from the off-highway
17.30motorcycle account; and $1,000 each year
17.31is from the off-road vehicle account. The
17.32county enforcement agencies may use
17.33money received under this appropriation
17.34to make grants to other local enforcement
17.35agencies within the county that have a high
17.36concentration of off-highway vehicle use.
18.1Of this appropriation, $25,000 each year
18.2is for administration of these grants. Any
18.3unencumbered balance does not cancel at the
18.4end of the first year and is available for the
18.5second year.
18.6$1,082,000 the first year and $1,082,000 the
18.7second year are from the water recreation
18.8account in the natural resources fund for
18.9grants to counties for boat and water safety.
18.10Any unencumbered balance does not cancel
18.11at the end of the first year and is available for
18.12the second year.
18.13
Subd. 8.Operations Support
2,303,000
2,303,000
18.14
Appropriations by Fund
18.15
2012
2013
18.16
General
881,000
881,000
18.17
Natural Resources
481,000
481,000
18.18
Game and Fish
941,000
941,000
18.19$320,000 the first year and $320,000 the
18.20second year are from the natural resources
18.21fund for grants to be divided equally between
18.22the city of St. Paul for the Como Park Zoo
18.23and Conservatory and the city of Duluth
18.24for the Duluth Zoo. This appropriation
18.25is from the revenue deposited to the fund
18.26under Minnesota Statutes, section 297A.94,
18.27paragraph (e), clause (5).

18.28
18.29
Sec. 5. BOARD OF WATER AND SOIL
RESOURCES
$
10,304,000
$
10,304,000
18.30$2,996,000 the first year and $2,996,000 the
18.31second year are for natural resources block
18.32grants to local governments. The board may
18.33reduce the amount of the natural resources
18.34block grant to a county by an amount equal to
18.35any reduction in the county's general services
19.1allocation to a soil and water conservation
19.2district from the county's previous year
19.3allocation when the board determines that
19.4the reduction was disproportionate. Grants
19.5must be matched with a combination of local
19.6cash or in-kind contributions. The base
19.7grant portion related to water planning must
19.8be matched by an amount as specified by
19.9Minnesota Statutes, section 103B.3369.
19.10$2,750,000 the first year and $2,750,000
19.11the second year are for grants requested
19.12by soil and water conservation districts for
19.13general purposes, nonpoint engineering, and
19.14implementation of the reinvest in Minnesota
19.15reserve program. Upon approval of the
19.16board, expenditures may be made from these
19.17appropriations for supplies and services
19.18benefiting soil and water conservation
19.19districts. Any district requesting a grant
19.20under this paragraph shall maintain a Web
19.21page that publishes, at a minimum, its annual
19.22plan, annual report, annual audit, annual
19.23budget, including membership dues, and
19.24meeting notices and minutes.
19.25$937,000 the first year and $937,000 the
19.26second year are for grants to soil and
19.27water conservation districts for cost-sharing
19.28contracts for erosion control, water quality
19.29management, feedlot water quality projects.
19.30$386,000 the first year and $386,000 the
19.31second year are for implementation and
19.32enforcement of the Wetland Conservation
19.33Act.
19.34$166,000 the first year and $166,000 the
19.35second year are to provide assistance to local
20.1drainage management officials and for the
20.2costs of the Drainage Work Group.
20.3$42,000 the first year and $42,000 the second
20.4year are for a grant to the Red River Basin
20.5Commission for water quality and floodplain
20.6management, including administration of
20.7programs. If the appropriation in either year
20.8is insufficient, the appropriation in the other
20.9year is available for it.
20.10$60,000 the first year and $60,000 the second
20.11year are for grants to Area II Minnesota River
20.12Basin Projects for floodplain management.
20.13$42,000 each year is to the Minnesota River
20.14Board for operating expenses to measure and
20.15report the results of projects in the 12 major
20.16watersheds within the Minnesota River basin.
20.17Notwithstanding Minnesota Statutes, section
20.18103C.501, the board may shift cost-share
20.19funds in this section and may adjust the
20.20technical and administrative assistance
20.21portion of the grant funds to leverage
20.22federal or other nonstate funds or to address
20.23high-priority needs identified in local water
20.24management plans.
20.25The appropriations for grants in this
20.26section are available until expended. If an
20.27appropriation for grants in either year is
20.28insufficient, the appropriation in the other
20.29year is available for it.

20.30
Sec. 6. METROPOLITAN COUNCIL
$
8,540,000
$
8,540,000
20.31
Appropriations by Fund
20.32
2012
2013
20.33
General
2,870,000
2,870,000
20.34
Natural Resources
5,670,000
5,670,000
21.1$2,870,000 the first year and $2,870,000
21.2the second year are for metropolitan area
21.3regional parks operation and maintenance
21.4according to Minnesota Statutes, section
21.5473.351.
21.6$5,670,000 the first year and $5,670,000 the
21.7second year are from the natural resources
21.8fund for metropolitan area regional parks
21.9and trails maintenance and operations. This
21.10appropriation is from the revenue deposited
21.11in the natural resources fund under Minnesota
21.12Statutes, section 297A.94, paragraph (e),
21.13clause (3).

21.14
21.15
Sec. 7. CONSERVATION CORPS
MINNESOTA
$
746,000
$
646,000
21.16
Appropriations by Fund
21.17
2012
2013
21.18
General
256,000
156,000
21.19
Natural Resources
490,000
490,000
21.20Conservation Corps Minnesota may receive
21.21money appropriated from the natural
21.22resources fund under this section only
21.23as provided in an agreement with the
21.24commissioner of natural resources. The
21.25general fund appropriation is onetime.

21.26
Sec. 8. ZOOLOGICAL BOARD
$
5,591,000
$
5,591,000
21.27
Appropriations by Fund
21.28
2012
2013
21.29
General
5,431,000
5,431,000
21.30
Natural Resources
160,000
160,000
21.31$160,000 the first year and $160,000 the
21.32second year are from the natural resources
21.33fund from the revenue deposited under
21.34Minnesota Statutes, section 297A.94,
21.35paragraph (e), clause (5).

22.1ARTICLE 2
22.2ENERGY, COMMERCE, AND CONSUMER PROTECTION FINANCE

22.3
Section 1. SUMMARY OF APPROPRIATIONS.
22.4    The amounts shown in this section summarize direct appropriations, by fund, made
22.5in this article.
22.6
2012
2013
Total
22.7
General
$
26,646,000
$
26,654,000
$
53,300,000
22.8
Petroleum Tank Cleanup
1,052,000
1,052,000
2,104,000
22.9
Workers' Compensation
751,000
751,000
1,502,000
22.10
Total
$
28,449,000
$
28,457,000
$
56,906,000

22.11
Sec. 2. ENERGY FINANCE APPROPRIATIONS.
22.12    The sums shown in the columns marked "Appropriations" are appropriated to the
22.13agencies and for the purposes specified in this article. The appropriations are from the
22.14general fund, or another named fund, and are available for the fiscal years indicated
22.15for each purpose. The figures "2012" and "2013" used in this article mean that the
22.16appropriations listed under them are available for the fiscal year ending June 30, 2012, or
22.17June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
22.18year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
22.19year ending June 30, 2011, are effective the day following final enactment.
22.20
APPROPRIATIONS
22.21
Available for the Year
22.22
Ending June 30
22.23
2012
2013

22.24
Sec. 3. DEPARTMENT OF COMMERCE
22.25
Subdivision 1.Total Appropriation
$
22,267,000
$
22,275,000
22.26
Appropriations by Fund
22.27
2012
2013
22.28
General
20,464,000
20,472,000
22.29
Petroleum Cleanup
1,052,000
1,052,000
22.30
22.31
Workers'
Compensation
751,000
751,000
22.32The amounts that may be spent for each
22.33purpose are specified in the following
22.34subdivisions.
22.35
Subd. 2.Financial Institutions
7,124,000
7,128,000
23.1$138,000 the first year and $142,000
23.2the second year are for the regulation of
23.3mortgage originators and servicers under
23.4Minnesota Statutes, chapters 58 and 58A.
23.5$350,000 each year is for additional financial
23.6examination services. The commissioner
23.7may issue contracts for these services.
23.8
23.9
Subd. 3.Petroleum Tank Release Cleanup
Board
1,052,000
1,052,000
23.10This appropriation is from the petroleum
23.11tank release cleanup fund.
23.12
Subd. 4.Administrative Services
3,176,000
3,176,000
23.13The commissioner may redirect up
23.14to $1,071,000 in fiscal year 2012 and
23.15$1,071,000 in fiscal year 2013 of the
23.16general fund reduction in this subdivision
23.17to other subdivisions of this section. The
23.18commissioner shall report by February
23.191, 2012, to the chairs of the legislative
23.20committees having primary jurisdiction over
23.21the Department of Commerce's operating
23.22budget regarding any redirection authorized
23.23in this subdivision.
23.24$375,000 each year is for additional
23.25compliance efforts with unclaimed property.
23.26The commissioner may issue contracts
23.27for these services. This additional amount
23.28shall be added to the base budget for fiscal
23.29years 2014 and 2015 only. The enhanced
23.30unclaimed property compliance program
23.31shall sunset June 30, 2015.
23.32
Subd. 5.Telecommunications
1,010,000
1,010,000
23.33
Subd. 6.Market Assurance
6,915,000
6,919,000
24.1
Appropriations by Fund
24.2
2012
2013
24.3
General
6,164,000
6,168,000
24.4
24.5
Workers'
Compensation
751,000
751,000
24.6
Subd. 7.Office of Energy Security
2,990,000
2,990,000

24.7
24.8
Sec. 4. TELECOMMUNICATIONS ACCESS
MINNESOTA
$
700,000
$
700,000
24.9(a) The appropriations in this section are from
24.10the telecommunications access Minnesota
24.11fund.
24.12(b) $300,000 the first year and $300,000
24.13the second year are for transfer to the
24.14commissioner of human services to
24.15supplement the ongoing operational expenses
24.16of the Commission of Deaf, DeafBlind,
24.17and Hard-of-Hearing Minnesotans. This
24.18appropriation is from the telecommunication
24.19access Minnesota fund, and is added to the
24.20commission's base.
24.21(c) In addition to the appropriation
24.22authorized in Minnesota Statutes, section
24.23237.52, $400,000 the first year and $400,000
24.24the second year are onetime appropriations
24.25for the following purposes:
24.26(1) $230,000 each year is to the Office of
24.27Enterprise Technology for coordinating
24.28technology accessibility and usability;
24.29(2) $20,000 each year is to the Commission
24.30of Deaf, DeafBlind, and Hard-of-Hearing
24.31Minnesotans to provide information on their
24.32Web site in American Sign Language and to
24.33provide technical assistance to state agencies;
24.34and
25.1(3) $150,000 each year is to the Legislative
25.2Coordinating Commission to provide
25.3captioning of live streaming of legislative
25.4activity on the commission's Web site and
25.5for a consolidated access fund for other state
25.6agencies.

25.7
Sec. 5. PUBLIC UTILITIES COMMISSION
$
6,182,000
$
6,182,000

25.8
Sec. 6. TRANSFERS
25.9(a) By June 30, 2013, the commissioner
25.10of management and budget shall transfer
25.11$6,950,000 from the special revenue fund to
25.12the general fund. The transfers must be from
25.13the following appropriation reductions and
25.14accounts with the special revenue fund:
25.15(1) $1,100,000 is from the
25.16telecommunications access Minnesota
25.17fund established in Minnesota Statutes,
25.18section 237.52;
25.19(2) $650,000 is from the Department of
25.20Commerce license technology surcharge
25.21account established in Minnesota Statutes,
25.22section 45.24;
25.23(3) $1,300,000 is from the energy and
25.24conservation account established in
25.25Minnesota Statutes, section 216B.241;
25.26(4) $950,000 is from the insurance fraud
25.27prevention account established in Minnesota
25.28Statutes, section 45.0135;
25.29(5) $1,500,000 is from the automobile theft
25.30prevention account established in Minnesota
25.31Statutes, section 168A.40;
25.32(6) $450,000 is from the real estate
25.33education, research and recovery fund
26.1established in Minnesota Statutes, section
26.282.86. Notwithstanding Minnesota
26.3Statutes, section 82.86, subdivision 4, the
26.4commissioner shall not, in addition to the
26.5fee set forth in Minnesota Statutes, section
26.682.86, subdivision 3, assess an additional fee
26.7to restore a balance in the fund; and
26.8(7) the commissioner of management and
26.9budget shall transfer $500,000 the first year
26.10and $500,000 the second year to the general
26.11fund from the telephone assistance program
26.12established in Minnesota Statutes, section
26.13237.69.

26.14
Sec. 7. TRANSFER; ASSIGNED RISK PLAN
26.15(a) By June 30, 2012, the commissioner
26.16of management and budget shall transfer
26.17$14,000,000 in assets of the workers'
26.18compensation assigned risk plan created
26.19under Minnesota Statutes, section 79.252, to
26.20the general fund.
26.21(b) By June 30, 2013, the commissioner
26.22of management and budget shall transfer
26.23$10,500,000 in assets of the workers'
26.24compensation assigned risk plan created
26.25under Minnesota Statutes, section 79.252, to
26.26the general fund.

26.27
Sec. 8. TRANSFERS IN
26.28(a) The remaining balance in the second year
26.29of the appropriation in Laws 2007, chapter
26.3057, article 2, section 3, subdivision 6, for
26.31biogas recovery facilities, estimated to be
26.32$420,000, is canceled to the general fund.
27.1(b) The remaining balance of the
27.2appropriation in Laws 2007, chapter 57,
27.3article 2, section 3, subdivision 6, clause
27.4(7), as amended by Laws 2008, chapter 340,
27.5section 5, for the Greenhouse Gas Advisory
27.6Group, estimated to be $7,000, is canceled to
27.7the general fund.
27.8(c) In the first year, the remaining balance of
27.9the appropriation in Laws 2007, chapter 57,
27.10article 2, section 3, subdivision 6, clause (5),
27.11for the hydrogen roadmap project, estimated
27.12to be $280,000, is canceled to the general
27.13fund.
27.14(d) The remaining balance of the
27.15appropriation in Laws 2008, chapter 363,
27.16article 6, section 3, subdivision 4, for
27.17renewable grants, estimated to be $368,000,
27.18is canceled to the general fund.
27.19(e) The remaining balance of the
27.20appropriation in Laws 2008, chapter 363,
27.21article 6, section 3, subdivision 4, for the
27.22green economy projects, estimated to be
27.23$59,000, is canceled to the general fund.
27.24(f) The remaining balance of the
27.25appropriation in Laws 2007, chapter 57,
27.26article 2, section 3, subdivision 6, clause
27.27(4), for automotive technology projects,
27.28estimated to be $22,000, is canceled to the
27.29general fund.
27.30(g) The remaining balance of the
27.31appropriation in Laws 2009, chapter 37,
27.32article 2, section 13, paragraph (b), clauses
27.33(1) and (2), for renewable energy and energy
27.34efficiency projects, estimated to be $600,000,
27.35is canceled to the general fund.

28.1    Sec. 9. COMMUNITY ENERGY ACTIVITIES; ASSESSMENT AND GRANT.
28.2The commissioner of commerce shall grant $500,000 in the fiscal year ending June
28.330, 2012, from assessments made under Minnesota Statutes, section 216B.241, subdivision
28.41e, for the purpose of community energy technical assistance and outreach on renewable
28.5energy and energy efficiency as described in Minnesota Statutes, section 216C.385.

28.6ARTICLE 3
28.7ENVIRONMENT AND NATURAL RESOURCE TRUST
28.8FUND APPROPRIATIONS

28.9
Section 1. MINNESOTA RESOURCES APPROPRIATIONS.
28.10The sums shown in the columns marked "Appropriations" are appropriated to the
28.11agencies and for the purposes specified in this article. The appropriations are from the
28.12environment and natural resources trust fund, or another named fund, and are available for
28.13the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
28.14article mean that the appropriations listed under them are available for the fiscal year
28.15ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
28.16"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
28.17appropriations in this article are onetime.
28.18
APPROPRIATIONS
28.19
Available for the Year
28.20
Ending June 30
28.21
2012
2013

28.22
Sec. 2. MINNESOTA RESOURCES
28.23
Subdivision 1.Total Appropriation
$
26,078,000
$
25,078,000
28.24
Appropriations by Fund
28.25
2012
2013
28.26
28.27
28.28
Environment and
natural resources
trust fund
25,328,000
25,078,000
28.29
28.30
28.31
State land and
water conservation
account (LAWCON)
750,000
-0-
28.32Appropriations are available for two
28.33years beginning July 1, 2011, unless
28.34otherwise stated in the appropriation. Any
28.35unencumbered balance remaining in the first
29.1year does not cancel and is available for the
29.2second year.
29.3
Subd. 2.Definitions
29.4(a) "Trust fund" means the Minnesota
29.5environment and natural resources trust fund
29.6referred to in Minnesota Statutes, section
29.7116P.02, subdivision 6.
29.8(b) "State land and water conservation
29.9account (LAWCON)" means the state land
29.10and water conservation account in the natural
29.11resources fund referred to in Minnesota
29.12Statutes, section 116P.14.
29.13
29.14
Subd. 3.Natural Resource Data and
Information
3,887,000
5,388,000
29.15(a) Minnesota County Biological Survey
29.16$1,125,000 the first year and $1,125,000
29.17the second year are from the trust fund
29.18to the commissioner of natural resources
29.19for continuation of the Minnesota county
29.20biological survey to provide a foundation
29.21for conserving biological diversity by
29.22systematically collecting, interpreting,
29.23and delivering data on plant and animal
29.24distribution and ecology, native plant
29.25communities, and functional landscapes.
29.26(b) County Geologic Atlases for
29.27Sustainable Water Management
29.28$900,000 the first year and $900,000 the
29.29second year are from the trust fund to
29.30accelerate the production of county geologic
29.31atlases to provide information essential to
29.32sustainable management of ground water
29.33resources by defining aquifer boundaries
29.34and the connection of aquifers to the land
30.1surface and surface water resources. Of
30.2this appropriation, $600,000 each year is
30.3to the Board of Regents of the University
30.4of Minnesota for the Geologic Survey and
30.5$300,000 each year is to the commissioner
30.6of natural resources. This appropriation
30.7is available until June 30, 2015, by which
30.8time the project must be completed and final
30.9products delivered.
30.10(c) Completion of Statewide Digital Soil
30.11Survey
30.12$250,000 the first year and $250,000 the
30.13second year are from the trust fund to
30.14the Board of Water and Soil Resources
30.15to accelerate the completion of county
30.16soil survey mapping and Web-based data
30.17delivery. The soil surveys must be done on a
30.18cost-share basis with local and federal funds.
30.19(d) Updating National Wetlands Inventory
30.20for Minnesota - Phase III
30.21$1,500,000 the second year is from the trust
30.22fund to the commissioner of natural resources
30.23to continue the update of wetland inventory
30.24maps for Minnesota. This appropriation
30.25is available until June 30, 2015, by which
30.26time the project must be completed and final
30.27products delivered.
30.28(e) Golden Eagle Survey
30.29$30,000 the first year and $30,000 the
30.30second year are from the trust fund to the
30.31commissioner of natural resources for an
30.32agreement with the National Eagle Center to
30.33increase the understanding of golden eagles
30.34in Minnesota through surveys and education.
30.35This appropriation is available until June
31.130, 2014, by which time the project must be
31.2completed and final products delivered.
31.3(f) Determining Causes of Mortality in
31.4Moose Populations
31.5$300,000 the first year and $300,000 the
31.6second year are from the trust fund to
31.7the commissioner of natural resources to
31.8determine specific causes of moose mortality
31.9and population decline in Minnesota and
31.10to develop specific management actions to
31.11prevent further population decline. This
31.12appropriation is available until June 30,
31.132014, by which time the project must be
31.14completed and final products delivered.
31.15(g) Prairie Management for Wildlife and
31.16Bioenergy - Phase II
31.17$300,000 the first year and $300,000 the
31.18second year are from the trust fund to the
31.19Board of Regents of the University of
31.20Minnesota to research and evaluate methods
31.21of managing diverse working prairies for
31.22wildlife and renewable bioenergy production.
31.23This appropriation is available until June
31.2430, 2014, by which time the project must be
31.25completed and final products delivered.
31.26(h) Evaluation of Biomass Harvesting
31.27Impacts on Minnesota's Forests
31.28$175,000 the first year and $175,000 the
31.29second year are from the trust fund to the
31.30Board of Regents of the University of
31.31Minnesota to assess the impacts biomass
31.32harvests for energy have on soil nutrients,
31.33native forest vegetation, invasive species
31.34spread, and long-term tree productivity within
31.35Minnesota's forests. This appropriation is
32.1available until June 30, 2014, by which time
32.2the project must be completed and final
32.3products delivered.
32.4(i) Change and Resilience in Boreal Forests
32.5in Northern Minnesota
32.6$75,000 the first year and $75,000 the second
32.7year are from the trust fund to the Board
32.8of Regents of the University of Minnesota
32.9to assess the potential response of northern
32.10Minnesota's boreal forests to observed and
32.11predicted changes in climate conditions and
32.12develop related management guidelines and
32.13adaptation strategies. This appropriation
32.14is available until June 30, 2014, by which
32.15time the project must be completed and final
32.16products delivered.
32.17(j) Information System for Wildlife and
32.18Aquatic Management Areas
32.19$250,000 the first year and $250,000 the
32.20second year are from the trust fund to the
32.21commissioner of natural resources to develop
32.22an information system to facilitate improved
32.23management of wildlife and fish habitat and
32.24facilities. This appropriation is available
32.25until June 30, 2014, by which time the
32.26project must be completed and final products
32.27delivered.
32.28(k) Strengthening Natural Resource
32.29Management with LiDAR Training
32.30$90,000 the first year and $90,000 the second
32.31year are from the trust fund to the Board of
32.32Regents of the University of Minnesota to
32.33provide workshops and Web-based training
32.34and information on the use of LiDAR
33.1elevation data in planning for and managing
33.2natural resources.
33.3(l) Measuring Conservation Practice
33.4Outcomes
33.5$170,000 the first year and $170,000 the
33.6second year are from the trust fund to
33.7the Board of Water and Soil Resources
33.8to improve measurement of impacts of
33.9conservation practices through refinement
33.10of existing and development of new
33.11pollution estimators and by providing local
33.12government training.
33.13(m) Conservation-Based Approach for
33.14Assessing Public Drainage Benefits
33.15$75,000 the first year and $75,000 the second
33.16year are from the trust fund to the Board
33.17of Water and Soil Resources to develop an
33.18alternative framework to assess drainage
33.19benefits on public systems to enhance water
33.20conservation. This appropriation is available
33.21until June 30, 2014, by which time the
33.22project must be completed and final products
33.23delivered.
33.24(n) Mississippi River Central Minnesota
33.25Conservation Planning
33.26$87,000 the first year and $88,000 the
33.27second year are from the trust fund to the
33.28commissioner of natural resources for an
33.29agreement with Stearns County Soil and
33.30Water Conservation District to develop
33.31and adopt river protection strategies in
33.32cooperation with local jurisdictions in
33.33the communities of the 26 miles of the
33.34Mississippi River between Benton and
33.35Stearns Counties. This appropriation must
34.1be matched by $175,000 of nonstate cash or
34.2qualifying in-kind funds.
34.3(o) Saint Croix Basin Conservation
34.4Planning and Protection
34.5$60,000 the first year and $60,000 the
34.6second year are from the trust fund to
34.7the commissioner of natural resources for
34.8an agreement with the St. Croix River
34.9Association to develop an interagency plan
34.10to identify and prioritize critical areas for
34.11project implementation to improve watershed
34.12health. This appropriation must be matched
34.13by $120,000 of nonstate cash or qualifying
34.14in-kind funds. Up to $10,000 may be retained
34.15by the Department of Natural Resources at
34.16the request of the St. Croix River Association
34.17to provide technical and mapping assistance.
34.18This appropriation is available until June
34.1930, 2014, by which time the project must be
34.20completed and final products delivered.
34.21
Subd. 4.Land, Habitat, and Recreation
14,252,000
13,505,000
34.22
Summary by Fund
34.23
34.24
34.25
Environment and
natural resources
trust fund
13,502,000
13,505,000
34.26
34.27
34.28
State land and
water conservation
account (LAWCON)
750,000
-0-
34.29(a) State Park and Recreation Area
34.30Operations
34.31$1,500,000 the first year and $1,500,000 the
34.32second year are from the trust fund to the
34.33commissioner of natural resources for state
34.34park and recreation area operations.
34.35(b) State Parks and Trails Land
34.36Acquisition
35.1$1,500,000 the first year and $1,500,000 the
35.2second year are from the trust fund to the
35.3commissioner of natural resources to acquire
35.4state trails and critical parcels within the
35.5statutory boundaries of state parks. State
35.6park land acquired with this appropriation
35.7must be sufficiently improved to meet at
35.8least minimum management standards, as
35.9determined by the commissioner of natural
35.10resources. A list of proposed acquisitions
35.11must be provided as part of the required work
35.12program. This appropriation is available
35.13until June 30, 2014, by which time the
35.14project must be completed and final products
35.15delivered.
35.16(c) Metropolitan Regional Park System
35.17Acquisition
35.18$1,125,000 the first year and $1,125,000
35.19the second year are from the trust fund to
35.20the Metropolitan Council for grants for the
35.21acquisition of lands within the approved park
35.22unit boundaries of the metropolitan regional
35.23park system. This appropriation may not
35.24be used for the purchase of residential
35.25structures. A list of proposed fee title and
35.26easement acquisitions must be provided as
35.27part of the required work program. This
35.28appropriation must be matched by at least
35.2940 percent of nonstate money and must be
35.30committed by December 31, 2011, or the
35.31appropriation cancels. This appropriation
35.32is available until June 30, 2014, at which
35.33time the project must be completed and final
35.34products delivered, unless an earlier date is
35.35specified in the work program.
36.1(d) Regional Park, Trail, and Connection
36.2Acquisition and Development Grants
36.3$1,000,000 the first year and $1,000,000 the
36.4second year are from the trust fund to the
36.5commissioner of natural resources to provide
36.6matching grants to local units of government
36.7for acquisition and development of regional
36.8parks, regional trails, and trail connections.
36.9The local match required for a grant to
36.10acquire a regional park or regional outdoor
36.11recreation area is two dollars of nonstate
36.12money for each three dollars of state money.
36.13This appropriation is available until June
36.1430, 2014, by which time the project must be
36.15completed and final products delivered.
36.16(e) Scientific and Natural Area Acquisition
36.17and Restoration
36.18$820,000 the first year and $820,000 the
36.19second year are from the trust fund to
36.20the commissioner of natural resources
36.21to acquire lands with high-quality native
36.22plant communities and rare features to be
36.23established as scientific and natural areas
36.24as provided in Minnesota Statutes, section
36.2586A.05, subdivision 5, restore parts of
36.26scientific and natural areas, and provide
36.27technical assistance and outreach. A list
36.28of proposed acquisitions must be provided
36.29as part of the required work program.
36.30Land acquired with this appropriation
36.31must be sufficiently improved to meet at
36.32least minimum management standards, as
36.33determined by the commissioner of natural
36.34resources. This appropriation is available
36.35until June 30, 2014, by which time the
37.1project must be completed and final products
37.2delivered.
37.3(f) LaSalle Lake State Recreation Area
37.4Acquisition
37.5$1,000,000 the first year and $1,000,000
37.6the second year are from the trust fund to
37.7the commissioner of natural resources for
37.8an agreement with The Trust for Public
37.9Land to acquire approximately 190 acres
37.10to be designated as a state recreation area
37.11as provided in Minnesota Statutes, section
37.1286A.05, subdivision 3, on LaSalle Lake
37.13adjacent to the upper Mississippi River. If
37.14this acquisition is not completed by July
37.1515, 2012, then the appropriation is available
37.16to the Department of Natural Resources
37.17for other state park and recreation area
37.18acquisitions on the priority list. Up to
37.19$10,000 may be retained by the Department
37.20of Natural Resources at the request of
37.21The Trust for Public Land for transaction
37.22costs, associated professional services, and
37.23restoration needs.
37.24(g) Minnesota River Valley Green
37.25Corridor Scientific and Natural Area
37.26Acquisition
37.27$1,000,000 the first year and $1,000,000
37.28the second year are from the trust fund
37.29to the commissioner of natural resources
37.30for an agreement with the Redwood Area
37.31Communities Foundation to acquire lands
37.32with high-quality native plant communities
37.33and rare features to be established as scientific
37.34and natural areas as provided in Minnesota
37.35Statutes, section 86A.05, subdivision 5. A list
38.1of proposed acquisitions must be provided
38.2as part of the required work program.
38.3Land acquired with this appropriation
38.4must be sufficiently improved to meet at
38.5least minimum management standards, as
38.6determined by the commissioner of natural
38.7resources. Up to $54,000 may be retained by
38.8the Department of Natural Resources at the
38.9request of the Redwood Area Communities
38.10Foundation for transaction costs, associated
38.11professional services, and restoration needs.
38.12This appropriation is available until June
38.1330, 2014, by which time the project must be
38.14completed and final products delivered.
38.15(h) Native Prairie Stewardship and Native
38.16Prairie Bank Acquisition
38.17$500,000 the first year and $500,000 the
38.18second year are from the trust fund to the
38.19commissioner of natural resources to acquire
38.20native prairie bank easements, prepare
38.21baseline property assessments, restore and
38.22enhance native prairie sites, and provide
38.23technical assistance to landowners. This
38.24appropriation is available until June 30,
38.252014, by which time the project must be
38.26completed and final products delivered.
38.27(i) Metropolitan Conservation Corridors
38.28(MeCC) - Phase VI
38.29$1,737,000 the first year and $1,738,000
38.30the second year are from the trust fund
38.31to the commissioner of natural resources
38.32for the acceleration of agency programs
38.33and cooperative agreements. Of this
38.34appropriation, $150,000 the first year
38.35and $150,000 the second year are to the
39.1commissioner of natural resources for
39.2agency programs and $3,175,000 is for the
39.3agreements as follows: $100,000 the first
39.4year and $100,000 the second year with
39.5Friends of the Mississippi River; $517,000
39.6the first year and $518,000 the second year
39.7with Dakota County; $200,000 the first year
39.8and $200,000 the second year with Great
39.9River Greening; $220,000 the first year and
39.10$220,000 the second year with Minnesota
39.11Land Trust; $300,000 the first year and
39.12$300,000 the second year with Minnesota
39.13Valley National Wildlife Refuge Trust, Inc.;
39.14and $250,000 the first year and $250,000
39.15the second year with The Trust for Public
39.16Land for planning, restoring, and protecting
39.17priority natural areas in the metropolitan area,
39.18as defined under Minnesota Statutes, section
39.19473.121, subdivision 2, and portions of the
39.20surrounding counties, through contracted
39.21services, technical assistance, conservation
39.22easements, and fee title acquisition. Land
39.23acquired with this appropriation must
39.24be sufficiently improved to meet at least
39.25minimum management standards, as
39.26determined by the commissioner of natural
39.27resources. Expenditures are limited to the
39.28identified project corridor areas as defined
39.29in the work program. This appropriation
39.30may not be used for the purchase of
39.31habitable residential structures, unless
39.32expressly approved in the work program. All
39.33conservation easements must be perpetual
39.34and have a natural resource management
39.35plan. Any land acquired in fee title by the
39.36commissioner of natural resources with
40.1money from this appropriation must be
40.2designated as an outdoor recreation unit
40.3under Minnesota Statutes, section 86A.07.
40.4The commissioner may similarly designate
40.5any lands acquired in less than fee title. A
40.6list of proposed restorations and fee title
40.7and easement acquisitions must be provided
40.8as part of the required work program. An
40.9entity that acquires a conservation easement
40.10with appropriations from the trust fund
40.11must have a long-term stewardship plan
40.12for the easement and a fund established for
40.13monitoring and enforcing the agreement.
40.14Money appropriated from the trust fund for
40.15easement acquisition may be used to establish
40.16a monitoring, management, and enforcement
40.17fund as approved in the work program. An
40.18annual financial report is required for any
40.19monitoring, management, and enforcement
40.20fund established, including expenditures
40.21from the fund. This appropriation is available
40.22until June 30, 2014, by which time the
40.23project must be completed and final products
40.24delivered.
40.25(j) Habitat Conservation Partnership
40.26(HCP) - Phase VII
40.27$1,737,000 the first year and $1,738,000
40.28the second year are from the trust fund
40.29to the commissioner of natural resources
40.30for the acceleration of agency programs
40.31and cooperative agreements. Of this
40.32appropriation, $125,000 the first year
40.33and $125,000 the second year are to the
40.34commissioner of natural resources for
40.35agency programs and $3,225,000 is for
40.36agreements as follows: $637,000 the first
41.1year and $638,000 the second year with
41.2Ducks Unlimited, Inc.; $38,000 the first year
41.3and $37,000 the second year with Friends
41.4of Detroit Lakes Wetland Management
41.5District; $25,000 the first year and $25,000
41.6the second year with Leech Lake Band of
41.7Ojibwe; $225,000 the first year and $225,000
41.8the second year with Minnesota Land Trust;
41.9$200,000 the first year and $200,000 the
41.10second year with Minnesota Valley National
41.11Wildlife Refuge Trust, Inc.; $242,000 the
41.12first year and $243,000 the second year
41.13with Pheasants Forever, Inc.; and $245,000
41.14the first year and $245,000 the second year
41.15with The Trust for Public Land to plan,
41.16restore, and acquire fragmented landscape
41.17corridors that connect areas of quality habitat
41.18to sustain fish, wildlife, and plants. The
41.19United States Department of Agriculture,
41.20Natural Resources Conservation Service,
41.21is an authorized cooperating partner in the
41.22appropriation. Expenditures are limited to
41.23the project corridor areas as defined in the
41.24work program. Land acquired with this
41.25appropriation must be sufficiently improved
41.26to meet at least minimum habitat and facility
41.27management standards, as determined by
41.28the commissioner of natural resources.
41.29This appropriation may not be used for the
41.30purchase of habitable residential structures,
41.31unless expressly approved in the work
41.32program. All conservation easements must
41.33be perpetual and have a natural resource
41.34management plan. Any land acquired in fee
41.35title by the commissioner of natural resources
41.36with money from this appropriation must
42.1be designated as an outdoor recreation unit
42.2under Minnesota Statutes, section 86A.07.
42.3The commissioner may similarly designate
42.4any lands acquired in less than fee title. A
42.5list of proposed restorations and fee title
42.6and easement acquisitions must be provided
42.7as part of the required work program. An
42.8entity who acquires a conservation easement
42.9with appropriations from the trust fund
42.10must have a long-term stewardship plan
42.11for the easement and a fund established for
42.12monitoring and enforcing the agreement.
42.13Money appropriated from the trust fund for
42.14easement acquisition may be used to establish
42.15a monitoring, management, and enforcement
42.16fund as approved in the work program. An
42.17annual financial report is required for any
42.18monitoring, management, and enforcement
42.19fund established, including expenditures
42.20from the fund. This appropriation is available
42.21until June 30, 2014, by which time the
42.22project must be completed and final products
42.23delivered.
42.24(k) Natural and Scenic Area Acquisition
42.25Grants
42.26$500,000 the first year and $500,000 the
42.27second year are from the trust fund to the
42.28commissioner of natural resources to provide
42.29matching grants to local governments for
42.30acquisition of natural and scenic areas, as
42.31provided in Minnesota Statutes, section
42.3285.019, subdivision 4a. This appropriation
42.33is available until June 30, 2014, by which
42.34time the project must be completed and final
42.35products delivered.
43.1(l) Acceleration of Minnesota Conservation
43.2Assistance
43.3$313,000 the first year and $312,000 the
43.4second year are from the trust fund to the
43.5Board of Water and Soil Resources to provide
43.6grants to soil and water conservation districts
43.7to provide technical assistance to secure
43.8enrollment and retention of private lands in
43.9federal and state programs for conservation.
43.10(m) Conservation Easement Stewardship
43.11and Enforcement Program - Phase II
43.12$250,000 the first year and $250,000 the
43.13second year are from the trust fund to
43.14the commissioner of natural resources to
43.15accelerate the implementation of the Phase
43.16I Conservation Easement Stewardship Plan
43.17being developed with an appropriation
43.18from Laws 2008, chapter 367, section 2,
43.19subdivision 5, paragraph (h).
43.20(n) Recovery of At-Risk Native Prairie
43.21Species
43.22$73,000 the first year and $74,000 the second
43.23year are from the trust fund to the Board of
43.24Water and Soil Resources for an agreement
43.25with the Martin County Soil and Water
43.26Conservation District to collect, propagate,
43.27and plant declining, at-risk native species
43.28on protected habitat and to enhance private
43.29market sources for local ecotype native seed.
43.30This appropriation is available until June
43.3130, 2014, by which time the project must be
43.32completed and final products delivered.
43.33(o) Understanding Threats, Genetic
43.34Diversity, and Conservation Options for
43.35Wild Rice
44.1$97,000 the first year and $98,000 the second
44.2year are from the trust fund to the Board
44.3of Regents of the University of Minnesota
44.4to research the genetic diversity of wild
44.5rice population throughout Minnesota for
44.6use in related conservation and restoration
44.7efforts. This appropriation is contingent upon
44.8demonstration of review and cooperation
44.9with the Native American tribal nations
44.10in Minnesota. Equipment purchased with
44.11this appropriation must be available for
44.12future publicly funded projects at no charge
44.13except for typical operating expenses. This
44.14appropriation is available until June 30,
44.152014, by which time the project must be
44.16completed and final products delivered.
44.17(p) Southeast Minnesota Stream
44.18Restoration
44.19$125,000 the first year and $125,000 the
44.20second year are from the trust fund to the
44.21commissioner of natural resources for an
44.22agreement with Trout Unlimited to restore at
44.23least four miles of riparian corridor for trout
44.24and nongame species in southeast Minnesota
44.25and increase local capacities to implement
44.26stream restoration through training and
44.27technical assistance. This appropriation is
44.28available until June 30, 2014, by which time
44.29the project must be completed and final
44.30products delivered.
44.31(q) Restoration Strategies for Ditched
44.32Peatland Scientific and Natural Areas
44.33$100,000 the first year and $100,000 the
44.34second year are from the trust fund to the
44.35commissioner of natural resources to evaluate
45.1the hydrology and habitat of the Winter Road
45.2Lake peatland watershed protection area to
45.3determine the effects of ditch abandonment
45.4and examine the potential for restoration
45.5of patterned peatlands. This appropriation
45.6is available until June 30, 2014, by which
45.7time the project must be completed and final
45.8products delivered.
45.9(r) Northeast Minnesota White Cedar
45.10Plant Community Restoration
45.11$125,000 for the first year and $125,000
45.12the second year are from the trust fund to
45.13the Board of Water and Soil Resources to
45.14assess the decline of northern white cedar
45.15plant communities in northeast Minnesota,
45.16prioritize cedar sites for restoration, and
45.17provide cedar restoration training to local
45.18units of government.
45.19(s) Land and Water Conservation Account
45.20(LAWCON) Federal Reimbursement
45.21$750,000 is from the state land and water
45.22conservation account (LAWCON) in the
45.23natural resources fund to the commissioner of
45.24natural resources for priorities established by
45.25the commissioner for eligible state projects
45.26and administrative and planning activities
45.27consistent with Minnesota Statutes, section
45.28116P.14, and the federal Land and Water
45.29Conservation Fund Act. This appropriation
45.30is available until June 30, 2014, by which
45.31time the project must be completed and final
45.32products delivered.
45.33
Subd. 5.Water Resources
778,000
779,000
45.34(a) Itasca County Sensitive Lakeshore
45.35Identification
46.1$80,000 the first year and $80,000 the
46.2second year are from the trust fund to the
46.3commissioner of natural resources for an
46.4agreement with Itasca County Soil and Water
46.5Conservation District to identify sensitive
46.6lakeshore and restorable shoreline in Itasca
46.7County. Up to $130,000 may be retained by
46.8the Department of Natural Resources at the
46.9request of Itasca County to provide technical
46.10assistance.
46.11(b) Trout Stream Springshed Mapping in
46.12Southeast Minnesota - Phase III
46.13$250,000 the first year and $250,000 the
46.14second year are from the trust fund to
46.15continue to identify and delineate water
46.16supply areas and springsheds for springs
46.17serving as cold water sources for trout
46.18streams and to assess the impacts from
46.19development and water appropriations. Of
46.20this appropriation, $140,000 each year is to
46.21the Board of Regents of the University of
46.22Minnesota and $110,000 each year is to the
46.23commissioner of natural resources.
46.24(c) Mississippi River Water Quality
46.25Assessment
46.26$278,000 the first year and $279,000 the
46.27second year are from the trust fund to the
46.28Board of Regents of the University of
46.29Minnesota to assess water quality in the
46.30Mississippi River using DNA sequencing
46.31approaches and chemical analyses. The
46.32assessments shall be incorporated into
46.33a Web-based educational tool for use
46.34in classrooms and public exhibits. This
46.35appropriation is available until June 30,
47.12014, by which time the project must be
47.2completed and final products delivered.
47.3(d) Zumbro River Watershed Restoration
47.4Prioritization
47.5$75,000 the first year and $75,000 the
47.6second year are from the trust fund to the
47.7commissioner of natural resources for an
47.8agreement with the Zumbro Watershed
47.9Partnership, Inc. to identify sources of
47.10erosion and runoff in the Zumbro River
47.11Watershed in order to prioritize restoration
47.12and protection projects.
47.13(e) Assessment of Minnesota River
47.14Antibiotic Concentrations
47.15$95,000 the first year and $95,000 the
47.16second year are from the trust fund to the
47.17commissioner of natural resources for an
47.18agreement with Saint Thomas University
47.19in cooperation with Gustavus Adolphus
47.20College and the University of Minnesota
47.21to measure antibiotic concentrations and
47.22antibiotic resistance levels at sites on the
47.23Minnesota River.
47.24
47.25
Subd. 6.Aquatic and Terrestrial Invasive
Species
435,000
435,000
47.26(a) Improved Detection of Harmful
47.27Microbes in Ballast Water
47.28$125,000 the first year and $125,000 the
47.29second year are from the trust fund to the
47.30Board of Regents of the University of
47.31Minnesota for the University of Minnesota
47.32Duluth to identify and analyze potentially
47.33harmful bacteria transported into Lake
47.34Superior through ship ballast water
47.35discharge. This appropriation is available
48.1until June 30, 2014, by which time the
48.2project must be completed and final products
48.3delivered.
48.4(b) Emerald Ash Borer Biocontrol
48.5Research and Implementation
48.6$250,000 the first year and $250,000 the
48.7second year are from the trust fund to the
48.8commissioner of agriculture to assess a
48.9biocontrol method for suppressing emerald
48.10ash borers by testing bioagent winter survival
48.11potential, developing release and monitoring
48.12methods, and piloting implementation
48.13of emerald ash borer biocontrol. This
48.14appropriation is available until June 30,
48.152014, by which time the project must be
48.16completed and final products delivered.
48.17(c) Evaluation of Switchgrass as Biofuel
48.18Crop
48.19$60,000 the first year and $60,000 the second
48.20year are from the trust fund to the Minnesota
48.21State Colleges and Universities System for
48.22Central Lakes College in cooperation with
48.23the University of Minnesota to determine
48.24the invasion risk of selectively bred
48.25native grasses for biofuel production and
48.26develop strategies to minimize the invasion
48.27potential and impacts on biodiversity. This
48.28appropriation is available until June 30,
48.292014, by which time the project must be
48.30completed and final products delivered.
48.31
Subd. 7.Renewable Energy and Air Quality
75,000
75,000
48.32Supporting Community-Driven
48.33Sustainable Bioenergy Projects
49.1$75,000 the first year and $75,000 the
49.2second year are from the trust fund to
49.3the commissioner of natural resources
49.4for an agreement with Dovetail Partners,
49.5Inc., in cooperation with the University of
49.6Minnesota to assess feasibility, impacts,
49.7and management needs of community-scale
49.8forest bioenergy systems through pilot
49.9studies in Ely and Cook County and to
49.10disseminate findings to inform related efforts
49.11in other communities.
49.12
Subd. 8.Environmental Education
123,000
123,000
49.13Youth-Led Renewable Energy and
49.14Energy Conservation in West Central and
49.15Southwest Minnesota
49.16$123,000 the first year and $123,000 the
49.17second year are from the trust fund to
49.18the commissioner of natural resources
49.19for an agreement with Prairie Woods
49.20Environmental Learning Center to initiate
49.21youth-led renewable energy and conservation
49.22projects in over thirty communities in west
49.23central and southwest Minnesota.
49.24
Subd. 9.Emerging Issues
5,964,000
4,213,000
49.25(a) Minnesota Conservation Apprentice
49.26Academy
49.27$100,000 the first year and $100,000 the
49.28second year are from the trust fund to
49.29the Board of Water and Soil Resources
49.30in cooperation with Conservation Corps
49.31Minnesota to train and mentor future
49.32conservation professionals by providing
49.33apprenticeship service opportunities to
49.34soil and water conservation districts. This
49.35appropriation is available until June 30,
50.12014, by which time the project must be
50.2completed and the final products delivered.
50.3(b) Wild Rice Standards
50.4$1,000,000 the first year is from the trust
50.5fund to the commissioner of the Pollution
50.6Control Agency for a wild rice standards
50.7study. This appropriation is available until
50.8June 30, 2015.
50.9(c) Chronic Wasting Disease and Animal
50.10Health
50.11$600,000 the first year and $600,000 the
50.12second year are from the trust fund to the
50.13commissioner of natural resources to address
50.14chronic wasting disease and accelerate
50.15wildlife health programs.
50.16(d) Aquatic Invasive Species
50.17$2,177,000 the first year and $3,513,000
50.18the second year are from the trust fund
50.19to the commissioner of natural resources
50.20to accelerate aquatic invasive species
50.21programs, including the development
50.22and implementation of best management
50.23practices for public water access facilities
50.24to implement aquatic invasive species
50.25prevention strategies. $50,000 is for a grant
50.26to develop and produce a documentary
50.27identifying the challenges presented by
50.28aquatic invasive species. The documentary
50.29shall be available to the Department of
50.30Natural Resources to distribute to watercraft
50.31license purchasers and the general public
50.32through online and other media.
50.33(e) Coon Rapids Dam
51.1$442,000 the first year is from the trust fund
51.2to the commissioner of natural resources
51.3for a grant to Three Rivers Park District for
51.4predesign and design of the Coon Rapids
51.5Dam for improvements and to function as a
51.6barrier to invasive fish.
51.7(f) Reinvest in Minnesota Wetlands
51.8Reserve Acquisition and Restoration
51.9Program Partnership
51.10$1,645,000 the first year is to the Board
51.11of Water and Soil Resources to acquire
51.12permanent conservation easements and
51.13restore wetlands and associated upland
51.14habitat in cooperation with the United States
51.15Department of Agriculture Wetlands Reserve
51.16Program. A list of proposed land acquisitions
51.17must be provided as part of the required work
51.18program.
51.19
51.20
Subd. 10.Administration and Contract
Management
564,000
560,000
51.21(a) Legislative-Citizen Commission on
51.22Minnesota Resources (LCCMR)
51.23$473,000 the first year and $473,000 the
51.24second year are from the trust fund to the
51.25LCCMR for administration as provided
51.26in Minnesota Statutes, section 116P.09,
51.27subdivision 5.
51.28(b) Contract Management
51.29$88,000 the first year and $87,000 the
51.30second year are from the trust fund to
51.31the commissioner of natural resources
51.32for expenses incurred for contract fiscal
51.33services for the agreements specified in this
51.34section. The commissioner shall provide
51.35documentation to the Legislative-Citizen
52.1Commission on Minnesota Resources
52.2on the expenditure of these funds. This
52.3appropriation is available until June 30, 2014.
52.4(c) LCC Web Site
52.5$3,000 in the first year is appropriated to the
52.6Legislative Coordinating Commission for
52.7the Web site required in Minnesota Statutes,
52.8section 3.303, subdivision 10.
52.9
Subd. 11.Availability of Appropriations
52.10Money appropriated in this section may
52.11not be spent on activities unless they are
52.12directly related to the specific appropriation
52.13and are specified in the approved work
52.14program. Money appropriated in this section
52.15must not be spent on indirect costs or other
52.16institutional overhead charges. Unless
52.17otherwise provided, the amounts in this
52.18section are available until June 30, 2013,
52.19when projects must be completed and final
52.20products delivered. For acquisition of real
52.21property, the amounts in this section are
52.22available until June 30, 2014, if a binding
52.23contract is entered into by June 30, 2013,
52.24and closed not later than June 30, 2014. If
52.25a project receives a federal grant, the time
52.26period of the appropriation is extended to
52.27equal the federal grant period.
52.28
Subd. 12. Data Availability Requirements
52.29Data collected by the projects funded under
52.30this section must conform to guidelines and
52.31standards adopted by the Office of Enterprise
52.32Technology. Spatial data also must conform
52.33to additional guidelines and standards
52.34designed to support data coordination and
52.35distribution that have been published by the
53.1Minnesota Geospatial Information Office.
53.2Descriptions of spatial data must be prepared
53.3as specified in the state's geographic metadata
53.4guideline and must be submitted to the
53.5Minnesota Geospatial Information Office.
53.6All data must be accessible and free to the
53.7public unless made private under the Data
53.8Practices Act, Minnesota Statutes, chapter
53.913.
53.10To the extent practicable, summary data and
53.11results of projects funded under this section
53.12should be readily accessible on the Internet
53.13and identified as an environment and natural
53.14resources trust fund project.
53.15
Subd. 13.Project Requirements
53.16(a) As a condition of accepting an
53.17appropriation under this section, any agency
53.18or entity receiving an appropriation or a
53.19party to an agreement from an appropriation
53.20must comply with paragraphs (b) to (k) and
53.21Minnesota Statutes, chapter 116P, and must
53.22submit a work program and semiannual
53.23progress reports in the form determined
53.24by the Legislative-Citizen Commission on
53.25Minnesota Resources for any project funded
53.26in whole or in part with funds from the
53.27appropriation.
53.28(b) For all restorations conducted with money
53.29appropriated under this section, a recipient
53.30must prepare an ecological restoration
53.31and management plan that, to the degree
53.32practicable, is consistent with the highest
53.33quality conservation and ecological goals for
53.34the restoration site. Consideration should
53.35be given to soil, geology, topography, and
54.1other relevant factors that would provide
54.2the best chance for long-term success of the
54.3restoration projects. The plan must include
54.4the proposed timetable for implementing
54.5the restoration, including site preparation,
54.6establishment of diverse plant species,
54.7maintenance, and additional enhancement to
54.8establish the restoration; identify long-term
54.9maintenance and management needs of
54.10the restoration and how the maintenance,
54.11management, and enhancement will be
54.12financed; and take advantage of the best
54.13available science and include innovative
54.14techniques to achieve the best restoration.
54.15(c) Any entity receiving an appropriation in
54.16this section for restoration activities must
54.17provide an initial restoration evaluation
54.18at the completion of the appropriation
54.19and an evaluation three years beyond the
54.20completion of the expenditure. Restorations
54.21must be evaluated relative to the stated
54.22goals and standards in the restoration plan,
54.23current science, and, when applicable, the
54.24Board of Water and Soil Resources' native
54.25vegetation establishment and enhancement
54.26guidelines. The evaluation shall determine
54.27whether the restorations are meeting planned
54.28goals, identify any problems with the
54.29implementation of the restorations, and,
54.30if necessary, give recommendations on
54.31improving restorations. The evaluation shall
54.32be focused on improving future restorations.
54.33(d) Except as otherwise provided in this
54.34section, all restoration and enhancement
54.35projects funded with money appropriated in
54.36this section must be on land permanently
55.1protected by a conservation easement or
55.2public ownership or in public waters as
55.3defined in Minnesota Statutes, section
55.4103G.005, subdivision 15.
55.5(e) A recipient of money from an
55.6appropriation under this section must
55.7give consideration to contracting with
55.8Conservation Corps Minnesota or its
55.9successor for contract restoration and
55.10enhancement services.
55.11(f) All conservation easements acquired with
55.12money appropriated under this section must:
55.13(1) be perpetual;
55.14(2) specify the parties to an easement in the
55.15easement;
55.16(3) specify all of the provisions of an
55.17agreement that are perpetual;
55.18(4) be sent to the Office of the
55.19Legislative-Citizen Commission on
55.20Minnesota Resources in an electronic format;
55.21(5) include a long-term monitoring and
55.22enforcement plan and funding for monitoring
55.23and enforcing the easement agreement; and
55.24(6) include requirements in the easement
55.25document to address specific water quality
55.26protection activities such as keeping water
55.27on the landscape, reducing nutrient and
55.28contaminant loading, protecting groundwater,
55.29and not permitting artificial hydrological
55.30modifications.
55.31(g) For any acquisition of land or interest in
55.32land, a recipient of money appropriated under
55.33this section must give priority to high quality
56.1natural resources or conservation lands that
56.2provide natural buffers to water resources.
56.3(h) For new lands acquired with money
56.4appropriated under this section, a recipient
56.5must prepare a restoration and management
56.6plan in compliance with paragraph
56.7(b), including sufficient funding for
56.8implementation unless the work program
56.9addresses why a portion of the money is
56.10not necessary to achieve a high quality
56.11restoration.
56.12(i) To the extent an appropriation is used to
56.13acquire an interest in real property, a recipient
56.14of an appropriation under this section must
56.15provide to the Legislative-Citizen
56.16Commission on Minnesota Resources and
56.17the commissioner of management and budget
56.18an analysis of increased operations and
56.19maintenance costs likely to be incurred by
56.20public entities as a result of the acquisition
56.21and how these costs are to be paid.
56.22(j) To ensure public accountability for the
56.23use of public funds, a recipient of money
56.24appropriated under this section must provide
56.25to the Legislative-Citizen Commission on
56.26Minnesota Resources documentation of the
56.27selection process used to identify parcels
56.28acquired and provide documentation of all
56.29related transaction costs, including but not
56.30limited to appraisals, legal fees, recording
56.31fees, commissions, other similar costs,
56.32and donations. This information must be
56.33provided for all parties involved in the
56.34transaction. The recipient must also report
56.35to the Legislative-Citizen Commission on
57.1Minnesota Resources any difference between
57.2the acquisition amount paid to the seller
57.3and the state-certified or state-reviewed
57.4appraisal, if a state-certified or state-reviewed
57.5appraisal was conducted. Acquisition data
57.6such as appraisals may remain private
57.7during negotiations but must ultimately
57.8be made public according to Minnesota
57.9Statutes, chapter 13. The Legislative-Citizen
57.10Commission on Minnesota Resources shall
57.11review the requirement in this paragraph
57.12and provide a recommendation on whether
57.13to continue or modify the requirement in
57.14future years. The commission may waive
57.15the application of this paragraph for specific
57.16projects.
57.17(k) A recipient of an appropriation from
57.18the trust fund under this section must
57.19acknowledge financial support from the
57.20Minnesota environment and natural resources
57.21trust fund in project publications, signage,
57.22and other public communications and
57.23outreach related to work completed using the
57.24appropriation. Acknowledgment may occur,
57.25as appropriate, through use of the trust fund
57.26logo or inclusion of language attributing
57.27support from the trust fund.
57.28
57.29
Subd. 14.Payment Conditions and Capital
Equipment Expenditures
57.30All agreements, grants, or contracts referred
57.31to in this section must be administered on
57.32a reimbursement basis unless otherwise
57.33provided in this section. Notwithstanding
57.34Minnesota Statutes, section 16A.41,
57.35expenditures made on or after July 1,
57.362011, or the date the work program is
58.1approved, whichever is later, are eligible for
58.2reimbursement unless otherwise provided
58.3in this section. Periodic payment must
58.4be made upon receiving documentation
58.5that the deliverable items articulated in
58.6the approved work program have been
58.7achieved, including partial achievements
58.8as evidenced by approved progress reports.
58.9Reasonable amounts may be advanced to
58.10projects to accommodate cash flow needs or
58.11match federal money. The advances must
58.12be approved as part of the work program.
58.13No expenditures for capital equipment are
58.14allowed unless expressly authorized in the
58.15project work program.
58.16
58.17
Subd. 15.Purchase of Recycled and Recyclable
Materials
58.18A political subdivision, public or private
58.19corporation, or other entity that receives an
58.20appropriation under this section must use the
58.21appropriation in compliance with Minnesota
58.22Statutes, section 16B.121, regarding
58.23purchase of recycled, repairable, and durable
58.24materials; and Minnesota Statutes, section
58.2516B.122, regarding purchase and use of
58.26paper stock and printing.
58.27
58.28
Subd. 16.Energy Conservation and
Sustainable Building Guidelines
58.29A recipient to whom an appropriation is made
58.30under this section for a capital improvement
58.31project must ensure that the project complies
58.32with the applicable energy conservation and
58.33sustainable building guidelines and standards
58.34contained in law, including Minnesota
58.35Statutes, sections 16B.325, 216C.19, and
58.36216C.20, and rules adopted under those
59.1sections. The recipient may use the energy
59.2planning, advocacy, and State Energy Office
59.3units of the Department of Commerce to
59.4obtain information and technical assistance
59.5on energy conservation and alternative
59.6energy development relating to the planning
59.7and construction of the capital improvement
59.8project.
59.9
Subd. 17.Accessibility
59.10Structural and nonstructural facilities must
59.11meet the design standards in the Americans
59.12with Disabilities Act (ADA) accessibility
59.13guidelines.
59.14
Subd. 18.Carryforward
59.15(a) The availability of the appropriation for
59.16the following projects is extended to June
59.1730, 2012:
59.18(1) Laws 2008, chapter 367, section
59.192, subdivision 4, paragraph (f), Native
59.20Shoreland Buffer Incentives Program;
59.21(2) Laws 2008, chapter 367, section 2,
59.22subdivision 4, paragraph (g), Southeast
59.23Minnesota Stream Restoration Projects;
59.24(3) Laws 2009, chapter 143, section 2,
59.25subdivision 4, paragraph (a), State Park
59.26Acquisition;
59.27(4) Laws 2009, chapter 143, section 2,
59.28subdivision 4, paragraph (b), State Trail
59.29Acquisition;
59.30(5) Laws 2009, chapter 143, section 2,
59.31subdivision 6, paragraph (c), Improving
59.32Emerging Fish Disease Surveillance in
59.33Minnesota;
60.1(6) Laws 2009, chapter 143, section 2,
60.2subdivision 8, paragraph (a), Contract
60.3Management; and
60.4(7) Laws 2009, chapter 143, section
60.52, subdivision 8, paragraph (b),
60.6Legislative-Citizen Commission on
60.7Minnesota Resources (LCCMR) for purposes
60.8provided under Minnesota Statutes, section
60.916A.281.
60.10(b) The availability of the appropriation for
60.11the following project is extended to June 30,
60.122013:
60.13(1) Laws 2010, chapter 362, section 2,
60.14subdivision 8, paragraph (f), Expanding
60.15Outdoor Classrooms at Minnesota Schools;
60.16and
60.17(2) Laws 2010, chapter 362, section 2,
60.18subdivision 8, paragraph (g), Integrating
60.19Environmental and Outdoor Education in
60.20Grades 7-12.
60.21
60.22
Subd. 19.Easement Monitoring and
Enforcement Requirements
60.23Money appropriated under this section and
60.24adjustments made under subdivision 20 for
60.25easement monitoring and enforcement may
60.26be spent only on activities included in an
60.27easement monitoring and enforcement plan
60.28contained within the work program. Money
60.29received for monitoring and enforcement,
60.30including earnings on the money received,
60.31shall be kept in a monitoring and enforcement
60.32fund held by the organization and dedicated
60.33to monitoring and enforcing conservation
60.34easements within Minnesota. Within 120
60.35days after the close of the entity's fiscal
61.1year, an entity receiving appropriations
61.2for easement monitoring and enforcement
61.3must provide an annual financial report
61.4to the Legislative-Citizen Commission
61.5on Minnesota Resources on the easement
61.6monitoring and enforcement fund as specified
61.7in the work program. Money appropriated
61.8under this section for monitoring and
61.9enforcement of easements and earnings on
61.10the money appropriated shall revert to the
61.11state if: (1) the easement transfers to the
61.12state; (2) the holder of the easement fails to
61.13file an annual report and then fails to cure
61.14that default within 30 days of notification
61.15of the default by the state; or (3) the holder
61.16of the easement fails to comply with the
61.17terms of the monitoring and enforcement
61.18plan contained within the work program and
61.19fails to cure that default within 90 days of
61.20notification of the default by the state.
61.21
Subd. 20.Appropriations Adjustment
61.22(a) Metropolitan Conservation Corridors
61.23(1) Of the amount appropriated in Laws
61.242003, chapter 128, article 1, section 9,
61.25subdivision 5, paragraph (b), up to $48,000 is
61.26for deposit in a monitoring and enforcement
61.27account as authorized in subdivision 19.
61.28(2) Of the amount appropriated in Laws
61.292005, First Special Session, chapter 1, article
61.302, section 11, subdivision 5, paragraph (b),
61.31up to $49,000 is for deposit in a monitoring
61.32and enforcement account as authorized in
61.33subdivision 19.
61.34(3) Of the amount appropriated in Laws
61.352007, chapter 30, section 2, subdivision 4,
62.1paragraph (c), up to $59,000 is for deposit
62.2in a monitoring and enforcement account as
62.3authorized in subdivision 19.
62.4(4) Of the amount appropriated in Laws
62.52008, chapter 367, section 2, subdivision 3,
62.6paragraph (a), up to $42,000 is for deposit
62.7in a monitoring and enforcement account as
62.8authorized in subdivision 19.
62.9(5) Of the amount appropriated in Laws
62.102009, chapter 143, section 2, subdivision 4,
62.11paragraph (f), up to $80,000 is for deposit
62.12in a monitoring and enforcement account as
62.13authorized in subdivision 19.
62.14(6) Of the amount appropriated in Laws
62.152010, chapter 362, section 2, subdivision 4,
62.16paragraph (g), up to $10,000 is for deposit
62.17in a monitoring and enforcement account as
62.18authorized in subdivision 19.
62.19(b) Habitat Conservation Partnership
62.20(1) Of the amount appropriated in Laws
62.212001, First Special Session chapter 2,
62.22section 14, subdivision 4, paragraph (e), up
62.23to $288,000 is for deposit in a monitoring
62.24and enforcement account as authorized in
62.25subdivision 19.
62.26(2) Of the amount appropriated in Laws
62.272003, chapter 128, article 1, section 9,
62.28subdivision 5, paragraph (a), up to $78,000 is
62.29for deposit in a monitoring and enforcement
62.30account as authorized in subdivision 19.
62.31(3) Of the amount appropriated in Laws 2005,
62.32First Special Session chapter 1, section 11,
62.33subdivision 5, paragraph (a), up to $55,000 is
63.1for deposit in a monitoring and enforcement
63.2account as authorized in subdivision 19.
63.3(4) Of the amount appropriated in Laws
63.42007, chapter 30, section 2, subdivision 4,
63.5paragraph (b), up to $123,000 is for deposit
63.6in a monitoring and enforcement account as
63.7authorized in subdivision 19.
63.8(5) Of the amount appropriated in Laws
63.92008, chapter 367, section 2, subdivision 3,
63.10paragraph (c), up to $120,000 is for deposit
63.11in a monitoring and enforcement account as
63.12authorized in subdivision 19.
63.13(6) Of the amount appropriated in Laws
63.142009, chapter 143, section 2, subdivision 4,
63.15paragraph (e), up to $60,000 is for deposit
63.16in a monitoring and enforcement account as
63.17authorized in subdivision 19.
63.18(7) Of the amount appropriated in Laws
63.192010, chapter 362, section 2, subdivision 4,
63.20paragraph (f), up to $30,000 is for deposit
63.21in a monitoring and enforcement account as
63.22authorized in subdivision 19.
63.23(c) Preserving the Avon Hills Landscape
63.24Of the amount appropriated in Laws 2008,
63.25chapter 367, section 2, subdivision 3,
63.26paragraph (d), up to $120,000 is for deposit
63.27in a monitoring and enforcement account as
63.28authorized in subdivision 19.
63.29(d) New Models for Land-Use Planning
63.30Of the amount appropriated in Laws 1997,
63.31chapter 216, section 15, subdivision 9,
63.32paragraph (d), up to $33,000 is for deposit
63.33in a monitoring and enforcement account as
63.34authorized in subdivision 19.
64.1(e) Conservation-Based Development
64.2Program
64.3Of the amount appropriated in Laws 1999,
64.4chapter 231, section 16, subdivision 8,
64.5paragraph (e), up to $5,000 is for deposit in
64.6a monitoring and enforcement account as
64.7authorized in subdivision 19.

64.8ARTICLE 4
64.9STATUTORY CHANGES

64.10    Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
64.11STANDARDS FOR ACCESSIBILITY AND USABILITY.
64.12    Subdivision 1. Membership. (a) The Advisory Committee for Technology
64.13Standards for Accessibility and Usability consists of ten members, appointed as follows:
64.14(1) the state chief information officer, or the state chief information officer's designee;
64.15(2) a representative from State Services for the Blind, appointed by the commissioner
64.16of employment and economic development;
64.17(3) the commissioner of administration, or the commissioner's designee;
64.18(4) a representative selected by the Minnesota system of technology to achieve
64.19results program;
64.20(5) a representative selected by the Commission of Deaf, DeafBlind, and
64.21Hard-of-Hearing Minnesotans;
64.22(6) the commissioner of education, or the commissioner's designee;
64.23(7) the commissioner of health, or the commissioner's designee;
64.24(8) the commissioner of human services, or the commissioner's designee;
64.25(9) one representative from the Minnesota judicial system designated by the chief
64.26justice; and
64.27    (10) one staff member from the legislature, appointed by the chair of the Legislative
64.28Coordinating Commission.
64.29    (b) The appointing authorities under this subdivision must use their best efforts to
64.30ensure that the membership of the advisory committee includes at least one representative
64.31who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
64.32(c) The advisory committee shall elect a chair from its membership.
64.33    Subd. 2. Duties. (a) The advisory committee shall:
65.1(1) recommend review processes to be used for the evaluation or certification of
65.2accessibility of technology against accessibility standards;
65.3(2) recommend an exception process and thresholds for any deviation from the
65.4accessibility standards;
65.5(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
65.6resources for training and technical assistance for state agency staff, including instruction
65.7regarding compliance with accessibility standards;
65.8(4) convene customer groups composed of individuals with disabilities to assist in
65.9implementation of accessibility standards;
65.10(5) review customer comments about accessibility and usability issues collected by
65.11State Services for the Blind; and
65.12(6) develop proposals for funding captioning of live videoconferencing, live
65.13Webcasts, Web streaming, podcasts, and other emerging technologies.
65.14(b) The advisory committee shall report to the chairs and ranking minority members
65.15of the legislative committees with jurisdiction over state technology systems by January
65.1615 each year regarding the findings, progress, and recommendations made by the advisory
65.17committee under this subdivision. The report shall include any draft legislation necessary
65.18to implement the committee's recommendations.
65.19    Subd. 3. Terms, compensation, and removal. The terms, compensation, and
65.20removal of members are governed by section 15.059.
65.21    Subd. 4. Expiration. This section expires June 30, 2013.

65.22    Sec. 2. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
65.23to read:
65.24    Subd. 1a. Definitions. For the purpose of this section:
65.25(1) "biobutanol facility" means a facility at which biobutanol is produced; and
65.26(2) "biobutanol" means fermentation isobutyl alcohol that is derived from
65.27agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
65.28forest products; or other renewable resources, including residue and waste generated
65.29from the production, processing, and marketing of agricultural products, forest products,
65.30and other renewable resources.

65.31    Sec. 3. Minnesota Statutes 2010, section 65B.84, is amended to read:
65.3265B.84 AUTOMOBILE THEFT PREVENTION PROGRAM.
65.33    Subdivision 1. Program described; commissioner's duties; appropriation. (a)
65.34The commissioner of commerce public safety shall:
66.1(1) develop and sponsor the implementation of statewide plans, programs, and
66.2strategies to combat automobile theft, improve the administration of the automobile theft
66.3laws, and provide a forum for identification of critical problems for those persons dealing
66.4with automobile theft;
66.5(2) coordinate the development, adoption, and implementation of plans, programs,
66.6and strategies relating to interagency and intergovernmental cooperation with respect
66.7to automobile theft enforcement;
66.8(3) annually audit the plans and programs that have been funded in whole or in part
66.9to evaluate the effectiveness of the plans and programs and withdraw funding should the
66.10commissioner of public safety determine that a plan or program is ineffective or is no
66.11longer in need of further financial support from the fund;
66.12(4) develop a plan of operation including:
66.13(i) an assessment of the scope of the problem of automobile theft, including areas
66.14of the state where the problem is greatest;
66.15(ii) an analysis of various methods of combating the problem of automobile theft;
66.16(iii) a plan for providing financial support to combat automobile theft;
66.17(iv) a plan for eliminating car hijacking; and
66.18(v) an estimate of the funds required to implement the plan; and
66.19(5) distribute money, in consultation with the commissioner of public safety,
66.20pursuant to subdivision 3 from the automobile theft prevention special revenue account
66.21for automobile theft prevention activities, including:
66.22(i) paying the administrative costs of the program;
66.23(ii) providing financial support to the State Patrol and local law enforcement
66.24agencies for automobile theft enforcement teams;
66.25(iii) providing financial support to state or local law enforcement agencies for
66.26programs designed to reduce the incidence of automobile theft and for improved
66.27equipment and techniques for responding to automobile thefts;
66.28(iv) providing financial support to local prosecutors for programs designed to reduce
66.29the incidence of automobile theft;
66.30(v) providing financial support to judicial agencies for programs designed to reduce
66.31the incidence of automobile theft;
66.32(vi) providing financial support for neighborhood or community organizations or
66.33business organizations for programs designed to reduce the incidence of automobile
66.34theft and to educate people about the common methods of automobile theft, the models
66.35of automobiles most likely to be stolen, and the times and places automobile theft is
66.36most likely to occur; and
67.1(vii) providing financial support for automobile theft educational and training
67.2programs for state and local law enforcement officials, driver and vehicle services exam
67.3and inspections staff, and members of the judiciary.
67.4(b) The commissioner of public safety may not spend in any fiscal year more than
67.5ten percent of the money in the fund for the program's administrative and operating
67.6costs. The commissioner of public safety is annually appropriated and must distribute
67.7the amount of the proceeds credited to the automobile theft prevention special revenue
67.8account each year, less the transfer of $1,300,000 each year to the general fund described
67.9in section 168A.40, subdivision 4.
67.10    Subd. 2. Annual report. By January 15 of each year, the commissioner of public
67.11safety shall report to the governor and the chairs and ranking minority members of the
67.12house of representatives and senate committees having jurisdiction over the Departments
67.13of Commerce and Public Safety on the activities and expenditures in the preceding year.
67.14    Subd. 3. Grant criteria; application. (a) A county attorney's office, law
67.15enforcement agency, neighborhood organization, community organization, or business
67.16organization may apply for a grant under this section. Multiple offices or agencies within
67.17a county may apply for a grant under this section.
67.18(b) The commissioner, in consultation with the commissioner of public safety, must
67.19develop criteria for the fair distribution of grants from the automobile theft prevention
67.20account that address the following factors:
67.21(1) the number of reported automobile thefts per capita in a city, county, or region,
67.22not merely the total number of automobile thefts;
67.23(2) the population of the jurisdiction of the applicant office or agency;
67.24(3) the total funds distributed within a county or region; and
67.25(4) the statewide interest in automobile theft reduction.
67.26(c) The commissioner of public safety may give priority to:
67.27(1) offices and agencies engaged in a collaborative effort to reduce automobile
67.28theft; and
67.29(2) counties or regions with the greatest rates of automobile theft.
67.30(d) The minimum amount of a grant award is $5,000. After considering the
67.31automobile theft rate and total population of an applicant's jurisdiction, if a grant award,
67.32as determined under the criteria and priorities in this subdivision, would be less than
67.33$5,000, it must not be awarded.
67.34    Subd. 4. Advisory board; creation; membership. An Automobile Theft
67.35Prevention Advisory Board is established to advise the commissioner on the distribution
67.36of grants under this section. The board must consist of seven members appointed by the
68.1commissioner of public safety and must include representatives of law enforcement,
68.2prosecuting agencies, automobile insurers, and the public. The commissioner of public
68.3safety must annually select a chair from among its members.
68.4EFFECTIVE DATE.This section is effective June 30, 2013.

68.5    Sec. 4. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
68.6    Subdivision 1. Designated agency. The Department of Natural Resources
68.7is designated as the state agency to apply for, accept, receive, and disburse federal
68.8reimbursement funds and private funds that are granted to the state of Minnesota from
68.9section 6 of the federal Land and Water Conservation Fund Act.
68.10    Subd. 2. State land and water conservation account. A state land and water
68.11conservation account is created in the natural resources fund. All of the money made
68.12available to the state from funds granted under subdivision 1 shall be deposited in the
68.13state land and water conservation account.
68.14    Subd. 3. Local share. Fifty percent of all money made available to the state
68.15from funds granted under subdivision 1 shall be distributed for projects to be acquired,
68.16developed, and maintained by local units of government, provided that any project
68.17approved is consistent with a statewide or a county or regional recreational plan and
68.18compatible with the statewide recreational plan. All money received by the commissioner
68.19for local units of government is appropriated annually to carry out the purposes for which
68.20the funds are received.
68.21    Subd. 4. State share. Fifty percent of the money made available to the state from
68.22funds granted under subdivision 1 shall be used for state land acquisition and development
68.23for the state outdoor recreation system under chapter 86A and the administrative expenses
68.24necessary to maintain eligibility for the federal land and water conservation fund.

68.25    Sec. 5. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
68.26    Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
68.27vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
68.28nonresident off-road vehicle state trail pass sticker issued according to this section.
68.29The pass must be viewable by a peace officer, a conservation officer, or an employee
68.30designated under section 84.0835.
68.31(b) The fee for an annual pass is $20. The pass is valid from January 1 through
68.32December 31. The fee for a three-year pass is $30. The commissioner of natural resources
68.33shall issue a pass upon application and payment of the fee. Fees collected under this
68.34section, except for the issuing fee for licensing agents, shall be deposited in the state
69.1treasury and credited to the off-road vehicle account in the natural resources fund and,
69.2except for the electronic licensing system commission established by the commissioner
69.3under section 84.027, subdivision 15, must be used for grants-in-aid to counties and
69.4municipalities for off-road vehicle organizations to construct and maintain off-road
69.5vehicle trails and use areas.
69.6    (c) A nonresident off-road vehicle state trail pass is not required for:
69.7    (1) an off-road vehicle that is owned and used by the United States, another state,
69.8or a political subdivision thereof that is exempt from registration under section 84.798,
69.9subdivision 2;
69.10    (2) a person operating an off-road vehicle only on the portion of a trail that is owned
69.11by the person or the person's spouse, child, or parent; or
69.12(3) a nonresident operating an off-road vehicle that is registered according to section
69.1384.798.
69.14    Subd. 2. License agents. The commissioner shall appoint agents to issue and
69.15sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
69.16appointment of an agent at any time. The commissioner may adopt additional rules as
69.17provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
69.18by the commissioner for accounting and handling of passes pursuant to section 97A.485,
69.19subdivision 11
. An agent shall promptly deposit and remit all money received from the
69.20sale of the passes, exclusive of the issuing fee, to the commissioner.
69.21    Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
69.22nonresident off-road vehicle state trail passes. The commissioner shall also make the
69.23passes available through the electronic licensing system established under section 84.027,
69.24subdivision 15.
69.25    Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
69.26shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
69.27passes issued by the commissioner shall be deposited in the off-road vehicle account in the
69.28natural resources fund and retained for the operation of the electronic licensing system.
69.29    Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
69.30pass to persons whose pass is lost or destroyed using the process established under section
69.3197A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
69.32off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.

69.33    Sec. 6. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
69.34    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
69.35section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
70.1in the invasive species account. Each year, the commissioner of management and budget
70.2shall transfer from the game and fish fund to the invasive species account, the annual
70.3surcharge collected on nonresident fishing licenses under section 97A.475, subdivision
70.47
, paragraph (b). In fiscal years 2010 and 2011 Each fiscal year, the commissioner of
70.5management and budget shall transfer $725,000 $750,000 from the water recreation
70.6account under section 86B.706 to the invasive species account.

70.7    Sec. 7. Minnesota Statutes 2010, section 85.052, subdivision 4, is amended to read:
70.8    Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
70.9services within a state park, state recreation area, or wayside, and for special state park
70.10uses under this section shall be deposited in the natural resources fund and credited to a
70.11state parks account.
70.12(b) Gross receipts derived from sales, rentals, or leases of natural resources within
70.13state parks, recreation areas, and waysides, other than those on trust fund lands, must be
70.14deposited in the state treasury and credited to the state parks working capital account.
70.15The appropriation under section 85.22 for revenue deposited in this section is limited to
70.16$25,000 per fiscal year.
70.17(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
70.18materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
70.19Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
70.20from which the purchase of the stockpile material was made.

70.21    Sec. 8. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
70.22CERTIFICATION.
70.23(a) After each fiscal year, the commissioner shall certify the total costs incurred for
70.24forest management, forest improvement, and road improvement on state-managed lands
70.25during that year. The commissioner shall distribute forest management receipts credited to
70.26various accounts according to this section.
70.27(b) The amount of the certified costs incurred for forest management activities
70.28on state lands shall be transferred from the account where receipts are deposited to the
70.29forest management investment account in the natural resources fund, except for those
70.30costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
70.31credited to the account.
70.32EFFECTIVE DATE.This section is effective the day following final enactment.

70.33    Sec. 9. Minnesota Statutes 2010, section 89.039, subdivision 1, is amended to read:
71.1    Subdivision 1. Account established; sources. The forest management investment
71.2account is created in the natural resources fund in the state treasury and money in the
71.3account may be spent only for the purposes provided in subdivision 2. The following
71.4revenue shall be deposited in the forest management investment account:
71.5(1) timber sales receipts transferred from the consolidated conservation areas
71.6account as provided in section 84A.51, subdivision 2;
71.7(2) timber sales receipts from forest lands as provided in section 89.035;
71.8(3) money transferred from the forest suspense account according to section
71.916A.125, subdivision 5 ; and
71.10(4) interest accruing from investment of the account.; and
71.11(5) money transferred from other accounts according to section 89.0385.

71.12    Sec. 10. Minnesota Statutes 2010, section 89.21, is amended to read:
71.1389.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
71.14(a) The commissioner is authorized to establish and develop state forest
71.15campgrounds and may establish minimum standards not inconsistent with the laws of the
71.16state for the care and use of such campgrounds and charge fees for such uses as specified
71.17by the commissioner of natural resources.
71.18(b) Notwithstanding section 16A.1283, the commissioner shall, by written order,
71.19establish fees providing for the use of state forest campgrounds. The fees are not subject
71.20to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
71.21(c) All fees shall be deposited in the general fund an account in the natural resources
71.22fund and are appropriated annually to the commissioner.

71.23    Sec. 11. Minnesota Statutes 2010, section 89.35, subdivision 2, is amended to read:
71.24    Subd. 2. Purpose of planting. The purposes for which trees may be produced,
71.25procured, distributed, and planted under sections 89.35 to 89.39 shall include auxiliary
71.26forests, woodlots, windbreaks, shelterbelts, erosion control, soil conservation, water
71.27conservation, provision of permanent food and cover for wild life, environmental
71.28education, and afforestation and reforestation on public or private state lands of any
71.29kind, but shall not include the raising of fruit for human consumption or planting for
71.30purely ornamental purposes. It is hereby declared that all such authorized purposes are in
71.31furtherance of the public health, safety, and welfare.

71.32    Sec. 12. Minnesota Statutes 2010, section 89.36, subdivision 1, is amended to read:
72.1    Subdivision 1. Production at state nurseries. The commissioner of natural
72.2resources may produce tree planting stock for the purposes of sections 89.35 to 89.39
72.3upon any lands under control of the commissioner which may be deemed suitable and
72.4available therefor so far as not inconsistent consistent with other uses to which such the
72.5lands may be dedicated by law. The commissioner may not produce more than 10,000,000
72.68,000,000 units of planting stock annually, after January 1, 2003 June 30, 2011. The
72.7commissioner shall limit deciduous tree stock production to no more than two percent of
72.8total annual production.

72.9    Sec. 13. Minnesota Statutes 2010, section 89.37, subdivision 1, is amended to read:
72.10    Subdivision 1. Planting conditions State lands. The commissioner of natural
72.11resources may supply planting stock produced or procured hereunder for use on any
72.12public or private state lands within the state for the purposes herein authorized under such
72.13conditions as sections 89.35 to 89.39. The commissioner may prescribe for planting, care,
72.14and maintenance in furtherance of such the purposes specified. The commissioner may
72.15sell excess tree planting stock to licensed, private nurseries.

72.16    Sec. 14. Minnesota Statutes 2010, section 89.37, subdivision 3b, is amended to read:
72.17    Subd. 3b. Sales to nurseries. To promote the availability and use of native plant
72.18material, the commissioner may sell native tree seed to licensed, private Minnesota
72.19nurseries when supplies of seed from geographically adapted sources are not available
72.20from private Minnesota seed dealers. The commissioner may also sell native trees and
72.21shrubs in lots of ten or more to nonprofit groups and local units of government.

72.22    Sec. 15. Minnesota Statutes 2010, section 93.481, subdivision 7, is amended to read:
72.23    Subd. 7. Mining administration account. The mining administration account is
72.24established as an account in the natural resources fund. Fees charged to owners, operators,
72.25or managers of mines under this section and section 93.482 shall be credited to the account
72.26and may be are appropriated to the commissioner to cover the costs of providing and
72.27monitoring permits to mine. Earnings accruing from investment of the account remain
72.28with the account until appropriated.

72.29    Sec. 16. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
72.30    Subdivision 1. Account established; sources. The peace officer training account is
72.31created in the game and fish fund in the state treasury. Revenue from the portion of the
72.32surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
73.1clause (1), shall be deposited in the account. Money in the account may be spent only
73.2for the purposes provided in subdivision 2.
73.3    Subd. 2. Purposes of account. Money in the peace officer training account
73.4may only be spent by the commissioner for peace officer training for employees of the
73.5Department of Natural Resources who are licensed under sections 626.84 to 626.863
73.6to enforce game and fish laws.
73.7EFFECTIVE DATE.This section is effective the day following final enactment.

73.8    Sec. 17. Minnesota Statutes 2010, section 97A.055, is amended by adding a
73.9subdivision to read:
73.10    Subd. 2b. Certified costs. Money for the certified costs under section 89.0385
73.11is transferred annually for reimbursement of certified costs on state lands acquired by
73.12purchase or gift for game and fish purposes.

73.13    Sec. 18. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
73.14    Subd. 2. Revenue from small game license surcharge and lifetime licenses.
73.15Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
73.16wildlife trust fund, established in section 97A.4742, for each license issued under sections
73.1797A.473 , subdivisions 3 and 5, and 97A.474, subdivision 3, shall be credited to the
73.18wildlife acquisition account and is appropriated to the commissioner. The money in the
73.19account shall be used by the commissioner only for the purposes of this section, and
73.20acquisition and development of wildlife lands under section 97A.145 and maintenance of
73.21the lands, in accordance with appropriations made by the legislature.

73.22    Sec. 19. Minnesota Statutes 2010, section 97A.075, is amended to read:
73.2397A.075 USE OF LICENSE REVENUES.
73.24    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
73.25subdivision, "deer license" means a license issued under section 97A.475, subdivisions
73.262, clauses
(5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and
73.27(12),and licenses issued under section 97B.301, subdivision 4.
73.28    (b) $2 from each annual deer license and $2 annually from the lifetime fish and
73.29wildlife trust fund, established in section 97A.4742, for each license issued under
73.30section 97A.473, subdivision 4, shall be credited to the deer management account and
73.31shall be used is appropriated to the commissioner for deer habitat improvement or deer
73.32management programs.
74.1    (c) $1 from each annual deer license and each bear license and $1 annually from
74.2the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
74.3issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
74.4management account and shall be used is appropriated to the commissioner for deer and
74.5bear management programs, including a computerized licensing system.
74.6    (d) Fifty cents from each deer license is credited to the emergency deer feeding and
74.7wild cervidae health management account and is appropriated for emergency deer feeding
74.8and wild cervidae health management. Money appropriated for emergency deer feeding
74.9and wild cervidae health management is available until expended. The commissioner must
74.10inform the legislative chairs of the natural resources finance committees every two years
74.11on how the money for emergency deer feeding and wild cervidae health management
74.12has been spent.
74.13     When the unencumbered balance in the appropriation for emergency deer feeding
74.14and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
74.15unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
74.16management programs and computerized licensing.
74.17    Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
74.18from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
74.19improvement account. Money in the account may be used and is appropriated to the
74.20commissioner only for:
74.21(1) development of wetlands and lakes in the state and designated waterfowl
74.22management lakes for maximum migratory waterfowl production including habitat
74.23evaluation, the construction of dikes, water control structures and impoundments, nest
74.24cover, rough fish barriers, acquisition of sites and facilities necessary for development
74.25and management of existing migratory waterfowl habitat and the designation of waters
74.26under section 97A.101;
74.27(2) management of migratory waterfowl;
74.28(3) development, restoration, maintenance, or preservation of migratory waterfowl
74.29habitat;
74.30(4) acquisition of and access to structure sites; and
74.31(5) the promotion of waterfowl habitat development and maintenance, including
74.32promotion and evaluation of government farm program benefits for waterfowl habitat.
74.33(b) Money in the account may not be used for costs unless they are directly related to
74.34a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
74.35to specific management activities under paragraph (a), clause (2).
75.1    Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
75.2and salmon stamps must be credited to the trout and salmon management account. Money
75.3in the account may be used and is appropriated to the commissioner only for:
75.4(1) the development, restoration, maintenance, improvement, protection, and
75.5preservation of habitat for trout and salmon in trout streams and lakes, including, but
75.6not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
75.7modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
75.8stream banks; and purchasing equipment to accomplish these tasks;
75.9(2) rearing trout and salmon, including utility and service costs associated with
75.10coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
75.11and Lake Superior; and monitoring and evaluating stocked trout and salmon;
75.12(3) acquisition of easements and fee title along trout waters;
75.13(4) identifying easement and fee title areas along trout waters; and
75.14(5) research and special management projects on trout streams, trout lakes, and
75.15Lake Superior and portions of its tributaries.
75.16(b) Money in the account may not be used for costs unless they are directly related
75.17to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
75.18activities under paragraph (a), clause (2), or for costs associated with supplies and
75.19equipment to implement trout and salmon management activities under paragraph (a).
75.20    Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
75.21must be credited to the pheasant habitat improvement account. Money in the account may
75.22be used and is appropriated to the commissioner only for:
75.23    (1) the development, restoration, and maintenance of suitable habitat for ringnecked
75.24pheasants on public and private land including the establishment of nesting cover, winter
75.25cover, and reliable food sources;
75.26    (2) reimbursement of landowners for setting aside lands for pheasant habitat;
75.27    (3) reimbursement of expenditures to provide pheasant habitat on public and private
75.28land;
75.29    (4) the promotion of pheasant habitat development and maintenance, including
75.30promotion and evaluation of government farm program benefits for pheasant habitat; and
75.31    (5) the acquisition of lands suitable for pheasant habitat management and public
75.32hunting.
75.33    (b) Money in the account may not be used for:
75.34    (1) costs unless they are directly related to a specific parcel of land under paragraph
75.35(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
75.36paragraph (a), clause (4); or
76.1    (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
76.2to provide technical and promotional assistance for private landowners to implement
76.3conservation provisions of state and federal programs.
76.4    Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
76.5licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7),
76.6must be credited to the wild turkey management account. Money in the account may be
76.7used and is appropriated to the commissioner only for:
76.8    (1) the development, restoration, and maintenance of suitable habitat for wild
76.9turkeys on public and private land including forest stand improvement and establishment
76.10of nesting cover, winter roost area, and reliable food sources;
76.11    (2) acquisitions of, or easements on, critical wild turkey habitat;
76.12    (3) reimbursement of expenditures to provide wild turkey habitat on public and
76.13private land;
76.14    (4) trapping and transplantation of wild turkeys; and
76.15    (5) the promotion of turkey habitat development and maintenance, population
76.16surveys and monitoring, and research.
76.17    (b) Money in the account may not be used for:
76.18    (1) costs unless they are directly related to a specific parcel of land under paragraph
76.19(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
76.20or to specific promotional or evaluative activities under paragraph (a), clause (5); or
76.21    (2) any permanent personnel costs.
76.22    Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
76.23walleye stamp account. Money in the account must be used and is appropriated to the
76.24commissioner only for stocking walleye in waters of the state and related activities.
76.25    (b) Money in the account may not be used for costs unless they are directly related to
76.26a specific body of water under paragraph (a), or for costs associated with supplies and
76.27equipment to implement walleye stocking activities under paragraph (a).

76.28    Sec. 20. [103G.27] WATER MANAGEMENT ACCOUNT.
76.29    Subdivision 1. Account established; sources. The water management account
76.30is created in the natural resources fund in the state treasury. Revenues collected from
76.31permit application fees, water use fees, field inspection fees, penalties, and other receipts
76.32according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest
76.33earned on money in the account accrues to the account.
76.34    Subd. 2. Purposes of account. Money in the water management account may be
76.35spent only for the costs associated with administering this chapter.

77.1    Sec. 21. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
77.2    Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
77.3(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
77.4accordance with the schedule of fees in this subdivision for each water use permit in force
77.5at any time during the year. Fees collected under this paragraph are credited to the water
77.6management account in the natural resources fund. The schedule is as follows, with the
77.7stated fee in each clause applied to the total amount appropriated:
77.8    (1) $140 for amounts not exceeding 50,000,000 gallons per year;
77.9    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
77.10than 100,000,000 gallons per year;
77.11    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
77.12than 150,000,000 gallons per year;
77.13    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
77.14less than 200,000,000 gallons per year;
77.15    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
77.16than 250,000,000 gallons per year;
77.17    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
77.18less than 300,000,000 gallons per year;
77.19    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
77.20than 350,000,000 gallons per year;
77.21    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
77.22less than 400,000,000 gallons per year;
77.23    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
77.24than 450,000,000 gallons per year;
77.25    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
77.26less than 500,000,000 gallons per year; and
77.27    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
77.28    (b) For once-through cooling systems, a water use processing fee must be prescribed
77.29by the commissioner in accordance with the following schedule of fees for each water use
77.30permit in force at any time during the year:
77.31    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
77.32    (2) for all other users, $420 per 1,000,000 gallons.
77.33    (c) The fee is payable based on the amount of water appropriated during the year
77.34and, except as provided in paragraph (f), the minimum fee is $100.
77.35    (d) For water use processing fees other than once-through cooling systems:
77.36    (1) the fee for a city of the first class may not exceed $250,000 per year;
78.1    (2) the fee for other entities for any permitted use may not exceed:
78.2    (i) $60,000 per year for an entity holding three or fewer permits;
78.3    (ii) $90,000 per year for an entity holding four or five permits; or
78.4    (iii) $300,000 per year for an entity holding more than five permits;
78.5    (3) the fee for agricultural irrigation may not exceed $750 per year;
78.6    (4) the fee for a municipality that furnishes electric service and cogenerates steam
78.7for home heating may not exceed $10,000 for its permit for water use related to the
78.8cogeneration of electricity and steam; and
78.9    (5) no fee is required for a project involving the appropriation of surface water to
78.10prevent flood damage or to remove flood waters during a period of flooding, as determined
78.11by the commissioner.
78.12    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
78.13percent per month calculated from the original due date must be imposed on the unpaid
78.14balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
78.15may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
78.16governmental agency holding a water appropriation permit.
78.17    (f) The minimum water use processing fee for a permit issued for irrigation of
78.18agricultural land is $20 for years in which:
78.19    (1) there is no appropriation of water under the permit; or
78.20    (2) the permit is suspended for more than seven consecutive days between May 1
78.21and October 1.
78.22    (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
78.23paragraph (a) shall be applied to the volume of water used in each of the months of June,
78.24July, and August that exceeds the volume of water used in January for municipal water
78.25use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
78.26with more than one permit shall be determined based on the total appropriations from all
78.27permits that supply a common distribution system.

78.28    Sec. 22. Minnesota Statutes 2010, section 103G.301, is amended by adding a
78.29subdivision to read:
78.30    Subd. 8. Deposit of fees. Fees collected under this section must be credited to the
78.31water management account in the natural resources fund.

78.32    Sec. 23. Minnesota Statutes 2010, section 103G.615, subdivision 2, is amended to read:
78.33    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
78.34control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
79.1section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
79.2days after it has been reported to the legislature. The fees shall not exceed $2,500 per
79.3permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
79.4the permit, and additional costs incurred after the application to inspect and monitor
79.5the activities authorized by the permit, and enforce aquatic plant management rules and
79.6permit requirements.
79.7    (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
79.8parcel of shoreline owned by an owner may be charged. This fee may not be charged for
79.9permits issued in connection with purple loosestrife control or lakewide Eurasian water
79.10milfoil control programs.
79.11    (c) A fee may not be charged to the state or a federal governmental agency applying
79.12for a permit.
79.13    (d) A fee for a permit for the control of rooted aquatic vegetation in a public
79.14water basin that is 20 acres or less in size shall be one-half of the fee established under
79.15paragraph (a).
79.16(e) The money received for the permits under this subdivision shall be deposited in
79.17the treasury and credited to the water recreation account.

79.18    Sec. 24. Minnesota Statutes 2010, section 115.073, is amended to read:
79.19115.073 ENFORCEMENT FUNDING.
79.20Except as provided in section 115C.05, all one-half of the money recovered by the
79.21state under this chapter and chapters 115A and 116, including civil penalties and money
79.22paid under an agreement, stipulation, or settlement, excluding money paid for past due
79.23fees or taxes, must be deposited in the state treasury and credited to the environmental
79.24fund. The remaining amount collected shall be deposited in the general fund.

79.25    Sec. 25. Minnesota Statutes 2010, section 115A.1314, is amended to read:
79.26115A.1314 MANUFACTURER'S REGISTRATION FEE; CREATION OF
79.27ACCOUNT.
79.28    Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
79.29115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner
79.30of revenue an annual registration fee. The commissioner of revenue must deposit the
79.31fee in the account established in subdivision 2 state treasury and credit the fee to the
79.32environmental fund.
79.33    (b) The registration fee for the initial program year during which a manufacturer's
79.34video display devices are sold to households is $5,000. Each year thereafter, The
80.1registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
80.2according to the formula:
80.3    ((A x B) - (C + D)) x E, where:
80.4    (1) A = the number of pounds of a manufacturer's video display devices sold to
80.5households during the previous program year, as reported to the department under section
80.6115A.1316, subdivision 1 ;
80.7    (2) B = the proportion of sales of video display devices required to be recycled, set at
80.80.6 for the first program year and 0.8 for the second program year and every year thereafter;
80.9    (3) C = the number of pounds of covered electronic devices recycled by a
80.10manufacturer from households during the previous program year, as reported to the
80.11department under section 115A.1316, subdivision 1;
80.12    (4) D = the number of recycling credits a manufacturer elects to use to calculate the
80.13variable recycling fee, as reported to the department under section 115A.1316, subdivision
80.141; and
80.15    (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
80.16manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
80.17for manufacturers who recycle at least 50 percent but less than 90 percent of the product
80.18(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
80.19than 100 percent of the product (A x B).
80.20    (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
80.21pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
80.22may retain recycling credits to be added, in whole or in part, to the actual value of C, as
80.23reported under section 115A.1316, subdivision 2, during any succeeding program year,
80.24provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
80.25program year may be met with recycling credits generated in a prior program year. A
80.26manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
80.27a price negotiated by the parties, who may use the credits in the same manner.
80.28    (d) For the purpose of calculating a manufacturer's variable recycling fee under
80.29paragraph (b), the weight of covered electronic devices collected from households located
80.30outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
80.31calculated at 1.5 times their actual weight.
80.32    (e) The registration fee for the initial program year and the base registration fee
80.33thereafter for a manufacturer who produces fewer than 100 video display devices for sale
80.34annually to households is $1,250.
80.35    Subd. 2. Creation of account; appropriations Use of registration fees. (a) The
80.36electronic waste account is established in the environmental fund. The commissioner of
81.1revenue must deposit receipts from the fee established in subdivision 1 in the account.
81.2Any interest earned on the account must be credited to the account. Money from other
81.3sources may be credited to the account. Beginning in the second program year and
81.4continuing each program year thereafter, as of the last day of each program year, the
81.5commissioner shall determine the total amount of the variable fees that were collected. To
81.6the extent that the total fees collected by the commissioner in connection with this section
81.7exceed the amount the commissioner determines necessary to operate the program for the
81.8new program year, the commissioner shall refund on a pro rata basis, to all manufacturers
81.9who paid any fees for the previous program year, the amount of fees collected by the
81.10commissioner in excess of the amount necessary to operate the program for the new
81.11program year. No individual refund is required of amounts of $100 or less for a fiscal
81.12year. Manufacturers who report collections less than 50 percent of their obligation for
81.13the previous program year are not eligible for a refund.
81.14    (b) Until June 30, 2011, money in the account is annually appropriated to the
81.15Pollution Control Agency: (a) Registration fees may be used by the commissioner for:
81.16    (1) for the purpose of implementing sections 115A.1312 to 115A.1330, including
81.17transfer to the commissioner of revenue to carry out the department's duties under
81.18section 115A.1320, subdivision 2, and transfer to the commissioner of administration for
81.19responsibilities under section 115A.1324; and
81.20    (2) to the commissioner of the Pollution Control Agency to be distributed on
81.21a competitive basis through contracts with grants to counties outside the 11-county
81.22metropolitan area, as defined in paragraph (c) (b), and with to private entities that collect
81.23for recycling covered electronic devices in counties outside the 11-county metropolitan
81.24area, where the collection and recycling is consistent with the respective county's solid
81.25waste plan, for the purpose of carrying out the activities under sections 115A.1312 to
81.26115A.1330 . In awarding competitive grants under this clause, the commissioner must
81.27give preference to counties and private entities that are working cooperatively with
81.28manufacturers to help them meet their recycling obligations under section 115A.1318,
81.29subdivision 1
.
81.30    (c) (b) The 11-county metropolitan area consists of the counties of Anoka, Carver,
81.31Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

81.32    Sec. 26. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
81.33read:
81.34    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
81.35115A.1310 to 115A.1330.
82.1    (b) The agency shall establish procedures for:
82.2    (1) receipt and maintenance of the registration statements and certifications filed
82.3with the agency under section 115A.1312; and
82.4    (2) making the statements and certifications easily available to manufacturers,
82.5retailers, and members of the public.
82.6    (c) The agency shall annually review the value of the following variables that are
82.7part of the formula used to calculate a manufacturer's annual registration fee under section
82.8115A.1314, subdivision 1 :
82.9    (1) the proportion of sales of video display devices sold to households that
82.10manufacturers are required to recycle;
82.11    (2) the estimated per-pound price of recycling covered electronic devices sold to
82.12households;
82.13    (3) the base registration fee; and
82.14    (4) the multiplier established for the weight of covered electronic devices collected
82.15in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
82.16these values must be changed in order to improve the efficiency or effectiveness of the
82.17activities regulated under sections 115A.1312 to 115A.1330 or if the revenues in the
82.18account exceed the amount that the agency determines is necessary, the agency shall
82.19submit recommended changes and the reasons for them to the chairs of the senate and
82.20house of representatives committees with jurisdiction over solid waste policy.
82.21    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
82.22sales of video display devices sold to households by each manufacturer during the
82.23preceding program year, based on national sales data, and forward the estimates to the
82.24department.
82.25    (e) The agency shall manage the account established in section 115A.1314,
82.26subdivision 2. If the revenues in the account exceed the amount that the agency determines
82.27is necessary for efficient and effective administration of the program, including any
82.28amount for contingencies, the agency must recommend to the legislature that the base
82.29registration fee, the proportion of sales of video display devices required to be recycled,
82.30or the estimated per pound cost of recycling established under section 115A.1314,
82.31subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce
82.32revenues collected in the subsequent program year by the estimated amount of the excess.
82.33    (f) (e) On or before December 1, 2010, and each year thereafter, the agency shall
82.34provide a report to the governor and the legislature on the implementation of sections
82.35115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
82.36of covered electronic devices recycled and a summary of information in the reports
83.1submitted by manufacturers and recyclers under section 115A.1316. The report must
83.2also discuss the various collection programs used by manufacturers to collect covered
83.3electronic devices; information regarding covered electronic devices that are being
83.4collected by persons other than registered manufacturers, collectors, and recyclers; and
83.5information about covered electronic devices, if any, being disposed of in landfills in
83.6this state. The report must include a description of enforcement actions under sections
83.7115A.1310 to 115A.1330. The agency may include in its report other information received
83.8by the agency regarding the implementation of sections 115A.1312 to 115A.1330.
83.9    (g) (f) The agency shall promote public participation in the activities regulated under
83.10sections 115A.1312 to 115A.1330 through public education and outreach efforts.
83.11    (h) (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
83.12provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
83.13provisions enforced by the department, as provided in subdivision 2. The agency may
83.14revoke a registration of a collector or recycler found to have violated sections 115A.1310
83.15to 115A.1330.
83.16    (i) (h) The agency shall facilitate communication between counties, collection and
83.17recycling centers, and manufacturers to ensure that manufacturers are aware of video
83.18display devices available for recycling.
83.19    (j) (i) The agency shall develop a form retailers must use to report information to
83.20manufacturers under section 115A.1318 and post it on the agency's Web site.
83.21    (k) (j) The agency shall post on its Web site the contact information provided by
83.22each manufacturer under section 115A.1318, paragraph (e).

83.23    Sec. 27. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
83.24    Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
83.25(a) Reimbursement may not be made under this chapter for costs associated with a release:
83.26(1) from a tank located at a petroleum refinery; or
83.27(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
83.28gallons of total petroleum storage capacity at the tank facility.
83.29(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
83.30with a release from a tank facility:
83.31(1) owned or operated by a person engaged in the business of mining iron ore or
83.32taconite;
83.33(2) owned by a political subdivision, a housing and redevelopment authority, an
83.34economic development authority, or a port authority that acquired the tank facility prior
83.35to May 23, 1989; or
84.1(3) owned by a person:
84.2(i) who acquired the tank facility prior to May 23, 1989;
84.3(ii) who did not use the tank facility for the bulk storage of petroleum; and
84.4(iii) who is not affiliated with the party who used the tank facility for the bulk
84.5storage of petroleum.; or
84.6(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
84.7engaged in the business of storing used oil primarily for sales to end users.

84.8    Sec. 28. Minnesota Statutes 2010, section 115C.13, is amended to read:
84.9115C.13 REPEALER.
84.10Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05,
84.11115C.06 , 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11,
84.12115C.111 , 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30,
84.132012 2017.

84.14    Sec. 29. Minnesota Statutes 2010, section 116.06, is amended by adding a subdivision
84.15to read:
84.16    Subd. 5a. Capacity. "Capacity" means the maximum number of animal units
84.17actually confined or proposed to be confined at an animal feedlot.

84.18    Sec. 30. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
84.19    Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue
84.20national pollutant discharge elimination system permits for feedlots with 1,000 animal
84.21units or more and that meet the definition of a "concentrated animal feeding operation" in
84.22Code of Federal Regulations, title 40, section 122.23, only as required by federal law. The
84.23issuance of national pollutant discharge elimination system permits for feedlots must be
84.24based on the following:
84.25(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
84.26priority by the commissioner, using criteria established under paragraph (d) in effect on
84.27January 1, 2010, must be issued as an individual permit;
84.28(2) after January 1, 2001, an existing feedlot that is identified as a priority by the
84.29commissioner, using criteria established under paragraph (e) in effect on January 1, 2010,
84.30must be issued as an individual permit; and
84.31(3) the agency must issue a general national pollutant discharge elimination system
84.32permit, if required, for animal feedlots that are not identified under clause (1) or (2).
85.1(b) Prior to the issuance of a general national pollutant discharge elimination system
85.2permit for a category of animal feedlot facility permittees, the agency must hold at least
85.3one public hearing on the permit issuance.
85.4(c) To the extent practicable, the agency must include a public notice and comment
85.5period for an individual national pollutant discharge elimination system permit concurrent
85.6with any public notice and comment for:
85.7(1) the purpose of environmental review of the same facility under chapter 116D; or
85.8(2) the purpose of obtaining a conditional use permit from a local unit of government
85.9where the local government unit is the responsible governmental unit for purposes of
85.10environmental review under chapter 116D.
85.11(d) The commissioner, in consultation with the Feedlot and Manure Management
85.12Advisory Committee, created under section 17.136, and other interested parties must
85.13develop criteria for determining whether an individual national pollutant discharge
85.14elimination system permit is required under paragraph (a), clause (1). The criteria must
85.15be based on proximity to waters of the state, facility design, and other site-specific
85.16environmental factors.
85.17(e) The commissioner, in consultation with the Feedlot and Manure Management
85.18Advisory Committee, created under section 17.136, and other interested parties must
85.19develop criteria for determining whether an individual national pollutant discharge
85.20elimination system permit is required for an existing animal feedlot, under paragraph
85.21(a), clause (2). The criteria must be based on violations and other compliance problems
85.22at the facility.
85.23(f) The commissioner, in consultation with the Feedlot and Manure Management
85.24Advisory Committee, created under section 17.136, and other interested parties must
85.25develop criteria for determining when an individual national pollutant discharge
85.26elimination system permit is transferred from individual to general permit status.
85.27(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the
85.28commissioner may issue an individual national pollutant discharge elimination system
85.29permit for an animal feedlot. After the general permit is issued and the criteria under
85.30paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph
85.31that do not fit the criteria for an individual permit under the applicable provisions of
85.32paragraph (d) or (e) must be transferred to general permit status.
85.33(h) The commissioner, in consultation with the Feedlot and Manure Management
85.34Advisory Committee, created under section 17.136, and other interested parties must
85.35develop criteria for determining which feedlots are required to apply for and obtain a
85.36national pollutant discharge elimination system permit and which feedlots are required
86.1to apply for and obtain a state disposal system permit based upon the actual or potential
86.2to discharge A feedlot owner may choose to apply for a national pollutant discharge
86.3elimination system permit even if the feedlot is not required by federal law to have a
86.4national pollutant discharge elimination system permit.

86.5    Sec. 31. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
86.6Laws 2011, chapter 4, section 6, is amended to read:
86.7    Subd. 2a. When prepared. Where there is potential for significant environmental
86.8effects resulting from any major governmental action, the action shall be preceded by a
86.9detailed environmental impact statement prepared by the responsible governmental unit.
86.10The environmental impact statement shall be an analytical rather than an encyclopedic
86.11document which describes the proposed action in detail, analyzes its significant
86.12environmental impacts, discusses appropriate alternatives to the proposed action and
86.13their impacts, and explores methods by which adverse environmental impacts of an
86.14action could be mitigated. The environmental impact statement shall also analyze those
86.15economic, employment and sociological effects that cannot be avoided should the action
86.16be implemented. To ensure its use in the decision-making process, the environmental
86.17impact statement shall be prepared as early as practical in the formulation of an action.
86.18No mandatory environmental impact statement may be required for an ethanol plant,
86.19as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
86.20125,000,000 gallons of ethanol annually and is located outside of the seven-county
86.21metropolitan area.
86.22    (a) The board shall by rule establish categories of actions for which environmental
86.23impact statements and for which environmental assessment worksheets shall be prepared
86.24as well as categories of actions for which no environmental review is required under this
86.25section. A mandatory environmental assessment worksheet shall not be required for the
86.26expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
86.27(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
86.28biobutanol facility, as defined in section 41A.105, subdivision 1a, based on the capacity
86.29of the expanded or converted facility to produce alcohol fuel, but must be required if
86.30the ethanol plant meets or exceeds thresholds of other categories of actions for which
86.31environmental assessment worksheets must be prepared. The responsible governmental
86.32unit for an ethanol plant project for which an environmental assessment worksheet is
86.33prepared shall be the state agency with the greatest responsibility for supervising or
86.34approving the project as a whole.
87.1    (b) The responsible governmental unit shall promptly publish notice of the
87.2completion of an environmental assessment worksheet in a manner to be determined by
87.3the board and shall provide copies of the environmental assessment worksheet to the board
87.4and its member agencies. Comments on the need for an environmental impact statement
87.5may be submitted to the responsible governmental unit during a 30-day period following
87.6publication of the notice that an environmental assessment worksheet has been completed.
87.7The responsible governmental unit's decision on the need for an environmental impact
87.8statement shall be based on the environmental assessment worksheet and the comments
87.9received during the comment period, and shall be made within 15 days after the close of
87.10the comment period. The board's chair may extend the 15-day period by not more than 15
87.11additional days upon the request of the responsible governmental unit.
87.12    (c) An environmental assessment worksheet shall also be prepared for a proposed
87.13action whenever material evidence accompanying a petition by not less than 25 100
87.14individuals who reside or own property in the county or an adjoining county where the
87.15proposed action will be located, submitted before the proposed project has received final
87.16approval by the appropriate governmental units, demonstrates that, because of the nature
87.17or location of a proposed action, there may be potential for significant environmental
87.18effects. Petitions requesting the preparation of an environmental assessment worksheet
87.19shall be submitted to the board. The chair of the board shall determine the appropriate
87.20responsible governmental unit and forward the petition to it. A decision on the need for
87.21an environmental assessment worksheet shall be made by the responsible governmental
87.22unit within 15 days after the petition is received by the responsible governmental unit.
87.23The board's chair may extend the 15-day period by not more than 15 additional days upon
87.24request of the responsible governmental unit.
87.25    (d) Except in an environmentally sensitive location where Minnesota Rules, part
87.264410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
87.27review under this chapter and rules of the board, if:
87.28    (1) the proposed action is:
87.29    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
87.30    (ii) an expansion of an existing animal feedlot facility with a total cumulative
87.31capacity of less than 1,000 animal units;
87.32    (2) the application for the animal feedlot facility includes a written commitment by
87.33the proposer to design, construct, and operate the facility in full compliance with Pollution
87.34Control Agency feedlot rules; and
87.35    (3) the county board holds a public meeting for citizen input at least ten business
87.36days prior to the Pollution Control Agency or county issuing a feedlot permit for the
88.1animal feedlot facility unless another public meeting for citizen input has been held with
88.2regard to the feedlot facility to be permitted. The exemption in this paragraph is in
88.3addition to other exemptions provided under other law and rules of the board.
88.4    (e) The board may, prior to final approval of a proposed project, require preparation
88.5of an environmental assessment worksheet by a responsible governmental unit selected
88.6by the board for any action where environmental review under this section has not been
88.7specifically provided for by rule or otherwise initiated.
88.8    (f) An early and open process shall be utilized to limit the scope of the environmental
88.9impact statement to a discussion of those impacts, which, because of the nature or location
88.10of the project, have the potential for significant environmental effects. The same process
88.11shall be utilized to determine the form, content and level of detail of the statement as well
88.12as the alternatives which are appropriate for consideration in the statement. In addition,
88.13the permits which will be required for the proposed action shall be identified during the
88.14scoping process. Further, the process shall identify those permits for which information
88.15will be developed concurrently with the environmental impact statement. The board
88.16shall provide in its rules for the expeditious completion of the scoping process. The
88.17determinations reached in the process shall be incorporated into the order requiring the
88.18preparation of an environmental impact statement.
88.19    (g) The responsible governmental unit shall, to the extent practicable, avoid
88.20duplication and ensure coordination between state and federal environmental review
88.21and between environmental review and environmental permitting. Whenever practical,
88.22information needed by a governmental unit for making final decisions on permits or
88.23other actions required for a proposed project shall be developed in conjunction with the
88.24preparation of an environmental impact statement.
88.25    (h) An environmental impact statement shall be prepared and its adequacy
88.26determined within 280 days after notice of its preparation unless the time is extended by
88.27consent of the parties or by the governor for good cause. The responsible governmental
88.28unit shall determine the adequacy of an environmental impact statement, unless within 60
88.29days after notice is published that an environmental impact statement will be prepared,
88.30the board chooses to determine the adequacy of an environmental impact statement. If an
88.31environmental impact statement is found to be inadequate, the responsible governmental
88.32unit shall have 60 days to prepare an adequate environmental impact statement.
88.33    (i) The proposer of a specific action may include in the information submitted to the
88.34responsible governmental unit a preliminary draft environmental impact statement under
88.35this section on that action for review, modification, and determination of completeness and
88.36adequacy by the responsible governmental unit. A preliminary draft environmental impact
89.1statement prepared by the project proposer and submitted to the responsible governmental
89.2unit shall identify or include as an appendix all studies and other sources of information
89.3used to substantiate the analysis contained in the preliminary draft environmental impact
89.4statement. The responsible governmental unit shall require additional studies, if needed,
89.5and obtain from the project proposer all additional studies and information necessary for
89.6the responsible governmental unit to perform its responsibility to review, modify, and
89.7determine the completeness and adequacy of the environmental impact statement.

89.8    Sec. 32. Minnesota Statutes 2010, section 116G.15, subdivision 1, is amended to read:
89.9    Subdivision 1. Establishment; purpose Designation. The federal Mississippi
89.10National River and Recreation Area established pursuant to United States Code, title
89.1116, section 460zz-2(k), is designated an area of critical concern in accordance with this
89.12chapter. The purpose of the designation is to:
89.13(1) protect and preserve the Mississippi River and adjacent lands that the legislature
89.14finds to be unique and valuable state and regional resources for the benefit of the health,
89.15safety, and welfare of the citizens of the state, region, and nation;
89.16(2) prevent and mitigate irreversible damages to these state, regional, and natural
89.17resources;
89.18(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
89.19Mississippi River and adjacent lands for public use and benefit;
89.20(4) protect and preserve the Mississippi River as an essential element in the national,
89.21state, and regional transportation, sewer and water, and recreational systems; and
89.22(5) protect and preserve the biological and ecological functions of the Mississippi
89.23River corridor.

89.24    Sec. 33. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
89.25    Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
89.26legislative bill for appropriations from the environment and natural resources trust fund and
89.27shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
89.28legislative bill requires an affirmative vote of at least 12 members of the commission.
89.29(b) The commission shall recommend expenditures to the legislature from the state
89.30land and water conservation account in the natural resources fund.
89.31(c) It is a condition of acceptance of the appropriations made from the Minnesota
89.32environment and natural resources trust fund, and oil overcharge money under section
89.334.071, subdivision 2, that the agency or entity receiving the appropriation must submit
89.34a work program and semiannual progress reports in the form determined by the
90.1Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
90.2reporting requirements under section 116P.16. None of the money provided may be spent
90.3unless the commission has approved the pertinent work program.
90.4(d) (c) The peer review panel created under section 116P.08 must also review,
90.5comment, and report to the commission on research proposals applying for an
90.6appropriation from the oil overcharge money under section 4.071, subdivision 2.
90.7(e) (d) The commission may adopt operating procedures to fulfill its duties under
90.8this chapter.
90.9(f) (e) As part of the operating procedures, the commission shall:
90.10(1) ensure that members' expectations are to participate in all meetings related to
90.11funding decision recommendations;
90.12(2) recommend adequate funding for increased citizen outreach and communications
90.13for trust fund expenditure planning;
90.14(3) allow administrative expenses as part of individual project expenditures based
90.15on need;
90.16(4) provide for project outcome evaluation;
90.17(5) keep the grant application, administration, and review process as simple as
90.18possible; and
90.19(6) define and emphasize the leveraging of additional sources of money that project
90.20proposers should consider when making trust fund proposals.

90.21    Sec. 34. Minnesota Statutes 2010, section 168A.40, is amended to read:
90.22168A.40 AUTOMOBILE THEFT PREVENTION PROGRAM.
90.23    Subd. 3. Surcharge. Each insurer engaged in the writing of policies of automobile
90.24insurance shall collect a surcharge, at the rate of 50 cents per vehicle for every six months
90.25of coverage, on each policy of automobile insurance providing comprehensive insurance
90.26coverage issued or renewed in this state. The surcharge may not be considered premium
90.27for any purpose, including the computation of premium tax or agents' commissions.
90.28The amount of the surcharge must be separately stated on either a billing or policy
90.29declaration sent to an insured. Insurers shall remit the revenue derived from this surcharge
90.30at least quarterly to the commissioner of public safety for purposes of the automobile
90.31theft prevention program described in section 65B.84 299A.625. For purposes of this
90.32subdivision, "policy of automobile insurance" has the meaning given it in section 65B.14,
90.33covering only the following types of vehicles as defined in section 168.002:
90.34(1) a passenger automobile;
90.35(2) a pickup truck;
91.1(3) a van but not commuter vans as defined in section 168.126; or
91.2(4) a motorcycle,
91.3except that no vehicle with a gross vehicle weight in excess of 10,000 pounds is included
91.4within this definition.
91.5    Subd. 4. Automobile theft prevention account. A special revenue account is
91.6created in the state treasury to be credited with the proceeds of the surcharge imposed
91.7under subdivision 3. Of the revenue in the account, $1,300,000 each year must be
91.8transferred to the general fund. Revenues in excess of $1,300,000 each year may be used
91.9only for the automobile theft prevention program described in section 65B.84 299A.625.
91.10EFFECTIVE DATE.This section is effective June 30, 2013.

91.11    Sec. 35. Minnesota Statutes 2010, section 216H.02, subdivision 4, is amended to read:
91.12    Subd. 4. General elements of the plan. The plan must:
91.13    (1) estimate 1990 and 2005 greenhouse gas emissions in the state and make
91.14projections of emissions in 2015, 2025, and 2050;
91.15    (2) identify, evaluate, and integrate a broad range of statewide greenhouse gas
91.16reduction options for all emission sectors in the state;
91.17    (3) assess the costs, benefits, and feasibility of implementing the options;
91.18    (4) recommend an integrated set of reduction options and strategies for implementing
91.19the options that will achieve the goals in subdivision 1, including analysis of the associated
91.20costs and benefits to Minnesotans;
91.21    (5) estimate the statewide greenhouse gas emissions reductions anticipated from
91.22implementation of existing state policies; and
91.23    (6) recommend a system to require the reporting of statewide greenhouse gas
91.24emissions, identifying which facilities must report, and how emission estimates should
91.25be made; and.
91.26    (7) evaluate the option of exempting a project from the prohibitions contained in
91.27section 216H.03, subdivision 3, if the project contributes a specified fee per ton of carbon
91.28dioxide emissions emitted annually by the project, the proceeds of which would be used to
91.29fund permanent, quantifiable, verifiable, and enforceable reductions in greenhouse gas
91.30emissions that would not otherwise have occurred.

91.31    Sec. 36. Minnesota Statutes 2010, section 290.431, is amended to read:
91.32290.431 NONGAME WILDLIFE CHECKOFF.
92.1Every individual who files an income tax return or property tax refund claim form
92.2may designate on their original return that $1 or more shall be added to the tax or deducted
92.3from the refund that would otherwise be payable by or to that individual and paid into an
92.4account to be established for the management of nongame wildlife. The commissioner
92.5of revenue shall, on the income tax return and the property tax refund claim form, notify
92.6filers of their right to designate that a portion of their tax or refund shall be paid into the
92.7nongame wildlife management account. The sum of the amounts so designated to be paid
92.8shall be credited to the nongame wildlife management account for use by the nongame
92.9program in the Department of Natural Resources. All interest earned on money accrued,
92.10gifts to the program, contributions to the program, and reimbursements of expenditures
92.11in the nongame wildlife management account shall be credited to the account by the
92.12commissioner of management and budget, except that gifts or contributions received
92.13directly by the commissioner of natural resources and directed by the contributor for
92.14use in specific nongame field projects or geographic areas shall be handled according to
92.15section 84.085, subdivision 1. The commissioner of natural resources shall submit a work
92.16program for each fiscal year and semiannual progress reports to the Legislative-Citizen
92.17Commission on Minnesota Resources in the form determined by the commission.
92.18The state pledges and agrees with all contributors to the nongame wildlife
92.19management account to use the funds contributed solely for the management of nongame
92.20wildlife projects and further agrees that it will not impose additional conditions or
92.21restrictions that will limit or otherwise restrict the ability of the commissioner of natural
92.22resources to use the available funds for the most efficient and effective management of
92.23nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
92.24programs for the purpose of developing, preserving, restoring, and maintaining wintering
92.25habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
92.26or contract with any nonprofit organization dedicated to the construction, maintenance, and
92.27repair of such projects that are acceptable to the governmental agency having jurisdiction
92.28over the land and water affected by the projects. Under this authority, the commissioner
92.29may execute agreements and contracts if the commissioner determines that the use of the
92.30funds will benefit neotropical migrant birds that breed in or migrate through the state.

92.31    Sec. 37. Minnesota Statutes 2010, section 290.432, is amended to read:
92.32290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
92.33A corporation that files an income tax return may designate on its original return that
92.34$1 or more shall be added to the tax or deducted from the refund that would otherwise
92.35be payable by or to that corporation and paid into the nongame wildlife management
93.1account established by section 290.431 for use by the Department of Natural Resources
93.2for its nongame wildlife program. The commissioner of revenue shall, on the corporate
93.3tax return, notify filers of their right to designate that a portion of their tax return be paid
93.4into the nongame wildlife management account for the protection of endangered natural
93.5resources. All interest earned on money accrued, gifts to the program, contributions to
93.6the program, and reimbursements of expenditures in the nongame wildlife management
93.7account shall be credited to the account by the commissioner of management and budget,
93.8except that gifts or contributions received directly by the commissioner of natural
93.9resources and directed by the contributor for use in specific nongame field projects or
93.10geographic areas shall be handled according to section 84.085, subdivision 1. The
93.11commissioner of natural resources shall submit a work program for each fiscal year to
93.12the Legislative-Citizen Commission on Minnesota Resources in the form determined
93.13by the commission.
93.14The state pledges and agrees with all corporate contributors to the nongame wildlife
93.15account to use the funds contributed solely for the nongame wildlife program and further
93.16agrees that it will not impose additional conditions or restrictions that will limit or
93.17otherwise restrict the ability of the commissioner of natural resources to use the available
93.18funds for the most efficient and effective management of those programs.

93.19    Sec. 38. Minnesota Statutes 2010, section 299C.40, subdivision 1, is amended to read:
93.20    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
93.21section.
93.22(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
93.23in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
93.24A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
93.25(c) "Law enforcement agency" means a Minnesota municipal police department,
93.26the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
93.27Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
93.28a Minnesota county sheriff's department, the Enforcement Division of the Department of
93.29Natural Resources, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.

93.30    Sec. 39. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
93.31    Subd. 7. Disbursement of surcharges by commissioner of management and
93.32budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
93.33management and budget shall disburse surcharges received under subdivision 6 and
93.34section 97A.065, subdivision 2, as follows:
94.1    (1) one percent shall be credited to the peace officer training account in the game
94.2and fish fund to provide peace officer training for employees of the Department of Natural
94.3Resources who are licensed under sections 626.84 to 626.863, and who possess peace
94.4officer authority for the purpose of enforcing game and fish laws;
94.5    (2) 39 percent shall be credited to the peace officers training account in the special
94.6revenue fund; and
94.7    (3) 60 percent shall be credited to the general fund.
94.8    (b) The commissioner of management and budget shall credit $3 of each surcharge
94.9received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
94.10    (c) In addition to any amounts credited under paragraph (a), the commissioner of
94.11management and budget shall credit $47 of each surcharge received under subdivision 6
94.12and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
94.13    (d) If the Ramsey County Board of Commissioners authorizes imposition of the
94.14additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
94.15in the Second Judicial District shall transmit the surcharge to the commissioner of
94.16management and budget. The $1 special surcharge is deposited in a Ramsey County
94.17surcharge account in the special revenue fund and amounts in the account are appropriated
94.18to the trial courts for the administration of the petty misdemeanor diversion program
94.19operated by the Second Judicial District Ramsey County Violations Bureau.

94.20    Sec. 40. Minnesota Statutes 2010, section 609.66, subdivision 1h, is amended to read:
94.21    Subd. 1h. Silencers; authorized for law enforcement and wildlife control
94.22purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
94.23officers may use devices designed to silence or muffle the discharge of a firearm for
94.24tactical emergency response operations. Tactical emergency response operations include
94.25execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
94.26and any other tactical deployments involving high risk circumstances. The chief law
94.27enforcement officer of a law enforcement agency that has the need to use silencing devices
94.28must establish and enforce a written policy governing the use of the devices.
94.29(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), until July 1, 2011,
94.30an enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area
94.31manager, an employee designated under section 84.0835, or a person acting under contract
94.32with the commissioner of natural resources, at specific times and locations that are
94.33authorized by the commissioner of natural resources may use devices designed to silence
94.34or muffle the discharge of a firearm for wildlife control operations that require stealth.
95.1If the commissioner determines that the use of silencing devices is necessary under this
95.2paragraph, the commissioner must:
95.3(1) establish and enforce a written policy governing the use, possession, and
95.4transportation of the devices;.
95.5(2) limit the number of the silencing devices maintained by the Department of
95.6Natural Resources to no more than ten; and
95.7(3) keep direct custody and control of the devices when the devices are not
95.8specifically authorized for use.

95.9    Sec. 41. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
95.10chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is
95.11amended to read:
95.12    Sec. 45. SALE OF STATE LAND.
95.13    Subdivision 1. State land sales. The commissioner of administration shall
95.14coordinate with the head of each department or agency having control of state-owned land
95.15to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
95.16according to law and as provided in this section as soon as practicable but no later than
95.17June 30, 2011 2013. Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282,
95.1894.09 and 94.10, or any other law to the contrary, the commissioner may offer land
95.19for public sale by only providing notice of lands or an offer of sale of lands to state
95.20departments or agencies, the University of Minnesota, cities, counties, towns, school
95.21districts, or other public entities.
95.22    Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
95.2394.16, subdivision 3 , or other law to the contrary, the amount of the proceeds from the
95.24sale of land under this section that exceeds the actual expenses of selling the land must
95.25be deposited in the general fund, except as otherwise provided by the commissioner of
95.26finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner
95.27of finance may establish the timing of payments for land purchased under this section. If
95.28the total of all money deposited into the general fund from the proceeds of the sale of land
95.29under this section is anticipated to be less than $6,440,000, the governor must allocate the
95.30amount of the difference as reductions to general fund operating expenditures for other
95.31executive agencies for the biennium ending June 30, 2011 2013.
95.32    Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
95.33the general fund in fiscal year 2006 to the commissioner of administration for purposes
95.34of paying the actual expenses of selling state-owned lands to achieve the anticipated
95.35savings required in this section. From the gross proceeds of land sales under this section,
96.1the commissioner of administration must cancel the amount of the appropriation in this
96.2subdivision to the general fund by June 30, 2011 2013.

96.3    Sec. 42. Laws 2011, chapter 14, section 16, is amended to read:
96.4    Sec. 16. REPEALER.
96.5Minnesota Statutes 2010, section 41A.09, subdivisions 1a, 2a, 3a, 4, and 10, are
96.6repealed.

96.7    Sec. 43. STATE TREE NURSERY PROGRAM RESTRUCTURING; REPORT
96.8REQUIRED; ACCOUNT BALANCE TRANSFER.
96.9(a) By June 30, 2013, the commissioner of natural resources shall discontinue the
96.10tree nursery operations at the General C.C. Andrews State Nursery. After July 1, 2011,
96.11the commissioner shall limit nursery operations at the Baudora State Nursery to the
96.12production of stock for use by the state, concentrating on the production of coniferous
96.13tree stock, with deciduous tree stock production making up no more than two percent of
96.14total annual production.
96.15(b) By January 15, 2012, the commissioner of natural resources shall submit a
96.16budget and financial plan for the state nurseries to the chairs and ranking minority
96.17members of the house of representatives and senate committees and divisions with
96.18jurisdiction over environment and natural resources policy and finance. The plan shall
96.19include a long-term business plan to operate the Baudora State Nursery in a manner that is
96.20self sufficient. The plan shall also include options for the General C.C. Andrews State
96.21Nursery land and assets, including selling the land, leasing the nursery, and selling the
96.22nursery and assets to a licensed, private nursery.
96.23(c) By June 30, 2012, the commissioner of management and budget shall transfer
96.24$500,000 from the forest nursery account to the general fund. By June 30, 2013, the
96.25commissioner of management and budget shall transfer an additional $500,000 from the
96.26forest nursery account to the general fund.
96.27(d) If the Badoura Nursery operation draws upon more than ten percent of reserves in
96.28two consecutive fiscal years after fiscal year 2012, the commissioner of natural resources
96.29shall immediately begin a three year phase-out of all state nursery operations.
96.30EFFECTIVE DATE.This section is effective the day following final enactment.

96.31    Sec. 44. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS
96.32STANDARD; LAKE PEPIN.
97.1The commissioner of the Pollution Control Agency shall coordinate with the
97.2Wisconsin Department of Natural Resources in establishing a phosphorus standard for
97.3Lake Pepin and shall advocate implementation of a phosphorus standard that considers
97.4nutrient impacts on algal growth applicable during the June to September growing season
97.5only. If necessary, the commissioner may engage in a conference with the Wisconsin
97.6Department of Natural Resources according to section 103 of the Clean Water Act, United
97.7States Code, title 33, section 1253, to resolve any discrepancies in the states' respective
97.8standards.

97.9    Sec. 45. TERRY MCGAUGHEY MEMORIAL BRIDGE.
97.10The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
97.11that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
97.12commissioner shall place signs with the designation on both ends of the bridge.

97.13    Sec. 46. RULEMAKING.
97.14The rulemaking authority granted under Minnesota Statutes, section 116G.15,
97.15subdivision 7, is explicitly repealed by this act and any rulemaking to effectuate the
97.16purpose of Laws 2009, chapter 172, article 2, section 27, commenced by the commissioner
97.17of natural resources under that authority or any other authority is void and must cease on
97.18the effective date of this section.

97.19    Sec. 47. WILD RICE RULEMAKING AND RESEARCH.
97.20(a) Upon completion of the research referenced in paragraph (d), the commissioner
97.21of the Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
97.227050. The amended rule shall:
97.23(1) establish water quality standards for waters containing natural beds of wild rice,
97.24as well as for irrigation waters used for the production of wild rice; and
97.25(2) designate each body of water, or specific portion thereof, to which the wild rice
97.26water quality standard applies and the specific times of year during which the standard
97.27applies.
97.28(b) "Waters containing natural beds of wild rice" means waters where significant
97.29quantities of wild rice occur naturally. Before designating waters containing natural beds
97.30of wild rice as waters subject to a standard, the commissioner of the Pollution Control
97.31Agency shall establish criteria for the waters after consultation with the Department of
97.32Natural Resources, Minnesota Indian tribes, and other interested parties and after public
97.33notice and comment. The criteria shall include, but not be limited to, documented history
98.1of wild rice harvests, minimum acreage, and wild rice density. Waters where individual
98.2wild rice plants or isolated, sparse stands of wild rice exist shall not be designated as
98.3subject to the standard.
98.4(c) Within 30 days of the effective date of this section, the commissioner of
98.5the Pollution Control Agency must create an advisory group to provide input to the
98.6commissioner on a protocol for scientific research to assess the impacts of sulfates and
98.7other substances on the growth of wild rice, review research results, and provide other
98.8advice on the development of future rule amendments to protect wild rice. The group
98.9must include representatives of tribal governments, municipal wastewater treatment
98.10facilities, industrial dischargers, wild rice harvesters, wild rice research experts, and
98.11citizen organizations.
98.12(d) After receiving the advice of the advisory group under paragraph (c), consultation
98.13with the commissioner of natural resources, and review of all available scientific
98.14research on water quality and other environmental impacts on the growth of wild rice,
98.15the commissioner of the Pollution Control Agency shall adopt and implement a wild
98.16rice research plan using the money appropriated to contract with appropriate scientific
98.17experts. The commissioner shall periodically review the results of the research with the
98.18commissioner of natural resources and the advisory group.
98.19(e) To the extent allowable under the federal Clean Water Act, during the pendency
98.20of the rule amendment described in paragraph (a), the Pollution Control Agency, with
98.21respect to permits issued for the discharge of wastewater, shall exercise its powers
98.22under Minnesota Statutes, section 115.03, subdivision 1, paragraph (e), to enter into
98.23schedules of compliance to ensure that no permittee is required to expend funds for design
98.24and implementation of sulfate treatment technologies until after the rule amendment
98.25is complete. Nothing shall prevent the Pollution Control Agency from including in a
98.26schedule of compliance a requirement to monitor sulfate concentrations in discharges and,
98.27if appropriate, based on site-specific conditions, a requirement to implement a sulfate
98.28minimization plan to avoid or minimize sulfate concentrations during periods when wild
98.29rice may be susceptible to damage.
98.30(f) To the extent that the commissioner of the Pollution Control Agency determines
98.31that provisions of the federal Clean Water Act or other federal laws limits full
98.32implementation of paragraph (e), the commissioner shall fully exercise the agency's
98.33authority under state and federal law and regulations to ensure, to the fullest extent
98.34possible, that no permittee is required to expend funds for design and implementation of
98.35sulfate treatment technologies until after the rule amendment described in paragraph
98.36(a) is complete. If the commissioner determines that amendments to Minnesota Rules
99.1are necessary to ensure that no permittee is required to expend funds for design and
99.2implementation of sulfate treatment technologies until after the rule amendment described
99.3in paragraph (a) is complete, the commissioner may use the good cause exemption under
99.4Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules necessary to
99.5implement this section, and Minnesota Statutes, section 14.386, does not apply, except as
99.6provided in Minnesota Statutes, section 14.388.
99.7(g) Upon completion of the rule amendment described in paragraph (a), the Pollution
99.8Control Agency shall modify the discharge limits in the affected wastewater discharge
99.9permits to reflect the new standards in accordance with state and federal regulations and
99.10shall exercise its powers to enter into schedules of compliance in the permits.
99.11(h) By December 15, 2011, the commissioner of the Pollution Control Agency
99.12shall submit a report to the chairs and ranking minority members of the environment and
99.13natural resources committees of the house of representatives and senate on the status
99.14of implementation of this section. The report must include an estimated timeline for
99.15completion of the wild rice research plan and initiation and completion of the formal
99.16rulemaking process under Minnesota Statutes, chapter 14.
99.17(i) To the extent allowable under the federal Clean Water Act, until the rule
99.18amendment described in paragraph (a) is finally adopted, the agency shall suspend the
99.19standard for sulfate for class 4 waters.
99.20EFFECTIVE DATE.This section is effective the day following final enactment.

99.21    Sec. 48. WATER RULEMAKING LEGISLATIVE REVIEW.
99.22Until June 30, 2013, all proposed rules related to water quality or water resource
99.23protection must be consistent with other local, state, and federal rules, and must be able
99.24to achieve the legislatively intended outcome as effectively and efficiently as possible.
99.25To ensure that all proposed rules satisfy this legislative policy, the proposed rules must
99.26be submitted to the Legislative Coordinating Commission prior to the filing of the notice
99.27of intent to adopt. The agency submitting the proposed rule shall provide the following
99.28information:
99.29(1) an explanation of how the proposed rule is consistent with other water-related
99.30rules; and
99.31(2) a statement from other affected agencies that they do not object to the proposed
99.32rule being inconsistent or contrary to any existing rule and accept the proposing agency's
99.33jurisdiction over the subject matter of the proposed rule.
99.34Within 60 days of receipt of the proposed water-related rule, the commission may
99.35notify the agency proposing the rule that the commission agrees that the rule does not
100.1comply with the legislative policy, that rules are not consistent with all other water-related
100.2rules, or the agency is not the appropriate authority for jurisdiction over the proposed rules.

100.3    Sec. 49. INTEREST IN LANDS EXTENDED.
100.4Notwithstanding any law to the contrary, Dakota County's reversionary interests in
100.5lands deeded by Dakota County to the state of Minnesota, as contemplated by Laws 1975,
100.6chapter 382, and currently maintained and used for the purposes of a state zoological
100.7garden in Apple Valley, Minnesota, to wit, those lands described in documents recorded in
100.8the Dakota County Property Records Office as Document No. 433980 and Document No.
100.9439719, excluding lands subject to that certain quit claim deed recorded as Document No.
100.101246646 and excluding lands subject to that certain quit claim deed recorded as Document
100.11No. 1330383, are extended and remain permanently valid and operative.
100.12EFFECTIVE DATE.This section is effective upon compliance by the Dakota
100.13County Board of Commissioners with the provisions of Minnesota Statutes, section
100.14645.021.

100.15    Sec. 50. EVALUATION REQUIRED.
100.16(a) The Department of Administration shall evaluate state and local water-related
100.17programs, policies, and permits to make recommendations for cost savings, increased
100.18productivity, and the elimination of duplication among public agencies.
100.19(b) The evaluation must:
100.20(1) identify current rules relating to surface and groundwater, including those related
100.21to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild
100.22and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for
100.23each rule specify:
100.24(i) the statutory authority;
100.25(ii) intended outcomes;
100.26(iii) the cost to state and local government and the private sector; and
100.27(iv) the relationship of the rule to other local, state, and federal rules;
100.28(2) assess the pros and cons of alternative approaches to implementing water-related
100.29programs, policies, and permits, including local, state, and regional-based approaches;
100.30(3) identify inconsistencies and redundancy between local, state, and federal rules;
100.31(4) identify means to coordinate rulemaking and implementation so as to achieve
100.32intended outcomes more effectively and efficiently;
100.33(5) identify a rule assessment and evaluation process for determining whether each
100.34identified rule should be continued or repealed;
101.1(6) rely on scientific, peer-reviewed data, including the studies of the National
101.2Academy of Sciences;
101.3(7) evaluate current responsibilities of the Pollution Control Agency, Department of
101.4Natural Resources, Board of Water and Soil Resources, Environmental Quality Board,
101.5Department of Agriculture, and Department of Health for developing and implementing
101.6water-related programs, policies, and permits and make recommendations for reallocating
101.7responsibilities among the agencies; and
101.8(8) assess the current role of the clean water fund in supporting water-related
101.9programs and policies and make recommendations for allocating resources among the
101.10agencies that collaborate and partner in spending the clean water fund consistent with
101.11the other recommendations of the study.
101.12(c) The commissioner of administration must submit the study results and make
101.13recommendations to agencies listed under paragraph (a) and to the chairs and ranking
101.14minority party members of the senate and house of representatives committees having
101.15primary jurisdiction over environment and natural resources policy and finance no later
101.16than January 15, 2012.

101.17    Sec. 51. REVISOR'S INSTRUCTION.
101.18The revisor of statutes shall recodify section 65B.84 as section 299A.625.
101.19EFFECTIVE DATE.This section is effective June 30, 2013.

101.20    Sec. 52. REPEALER.
101.21Minnesota Statutes 2010, sections 84.027, subdivision 11; 89.06; 89.37, subdivisions
101.222, 3, and 3a; 116G.15, subdivisions 2, 3, 4, 5, 6, and 7; 116P.14; and 216H.03, are repealed.

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