HF 1418

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying rulemaking authority; modifying
authority to designate infested waters; modifying water supply plan requirements;
modifying state park permit provisions; extending expiration of the Mineral
Coordinating Committee; amending Minnesota Statutes 2006, sections 84.027,
by adding a subdivision; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3;
85.053, subdivisions 2, 8; 93.0015, subdivision 3; 103G.291, subdivision 3;
473.1565, subdivision 1; 473.859, subdivision 3; repealing Laws 2006, chapter
273, section 2.

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

Section 1.

Minnesota Statutes 2006, section 84.027, is amended by adding a
subdivision to read:

new text begin Subd. 13a. new text end

new text begin Game and fish expedited permanent rules. new text end

new text begin In addition to the authority
granted in Subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:
new text end

new text begin (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or
new text end

new text begin (2) section 84D.12 to designate prohibited invasive species, regulated invasive
species, and unregulated nonnative species.
new text end

Sec. 2.

Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read:

Subdivision 1.

Infested waters; restricted activities.

(a) The commissioner shall
designate a water of the state as an infested water if the commissioner determines that new text begin :
new text end

new text begin (1) new text end the water contains a population of an aquatic invasive species that could spread to
other waters if use of the water and related activities are not regulated to prevent this deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) the water is highly likely to be infested by an aquatic invasive species because it
is connected to a water that contains a population of an aquatic invasive species.
new text end

(b) When determining which invasive species comprise infested waters, the
commissioner shall consider:

(1) the extent of a species distribution within the state;

(2) the likely means of spread for a species; and

(3) whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.

(c) The presence of common carp and curly-leaf pondweed shall not be the basis for
designating a water as infested.

new text begin (d) The designation of infested waters by the commissioner shall be by written order
published in the State Register. Designations are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.
new text end

Sec. 3.

Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read:

Subdivision 1.

Required rules.

The commissioner shall adopt rules:

(1) designating deleted text begin infested waters, deleted text end prohibited invasive species, regulated invasive
species, and unregulated nonnative species of aquatic plants and wild animals;

(2) governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and

(3) governing notification under section 84D.08.

Sec. 4.

Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read:

Subd. 3.

Expedited rules.

The commissioner may adopt rules under section 84.027,
subdivision 13, that designate:

(1) prohibited invasive species of aquatic plants and wild animals;

(2) regulated invasive species of aquatic plants and wild animals; new text begin and
new text end

(3) unregulated nonnative species of aquatic plants and wild animals deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) infested waters.
deleted text end

Sec. 5.

Minnesota Statutes 2006, section 85.053, subdivision 2, is amended to read:

Subd. 2.

Requirement.

Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section. Except for vehicles permitted under
subdivisions 7, paragraph (a), clause (2), and 8, the state park permit must be affixed to the
lower right corner windshield of the motor vehicle and must be completely affixed by its
own adhesive to the windshield, or the commissioner may, by written order, provide an
alternative means to display and validate deleted text begin annual deleted text end new text begin state park new text end permits.

Sec. 6.

Minnesota Statutes 2006, section 85.053, subdivision 8, is amended to read:

Subd. 8.

Military personnel on leave; exemption.

(a) deleted text begin The provisions of this
section requiring a state park permit and regulating its display do not apply to deleted text end new text begin A one-day
permit, under subdivision 4, shall be issued without a fee for new text end a motor vehicle being used
by a person who is serving in active military service in any branch or unit of the United
States armed forces and who is stationed outside Minnesota, during the period of active
service and for 90 days immediately thereafter, if the person deleted text begin notifies deleted text end new text begin presents the person's
current military orders to new text end the park attendant on duty or other designee of the commissioner
deleted text begin of the person's military status at the time of usage. It is sufficient notice for the eligible
person to temporarily affix to the inside of the windshield of the vehicle in a visible
manner the person's current military orders and to carry in the person's possession current
military identification attesting to the person's active or recent military status deleted text end .

(b) For purposes of this section, "active service" has the meaning given under section
190.05, subdivision 5c, when performed outside Minnesota.

Sec. 7.

Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read:

Subd. 3.

Expiration.

Notwithstanding section 15.059, subdivision 5, or other law to
the contrary, the committee expires June 30, deleted text begin 2007 deleted text end new text begin 2011 new text end .

Sec. 8.

Minnesota Statutes 2006, section 103G.291, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Emergency deleted text end new text begin Water supply new text end plans; demand reduction.

(a) Every
public water supplier serving more than 1,000 people must submit deleted text begin an emergency and
conservation deleted text end new text begin a water supply new text end plan to the commissioner for approval by January 1, 1996.
new text begin In accordance with guidelines developed by the commissioner, new text end the plan must address
new text begin projected demands, adequacy of the water supply system and planned improvements,
existing and future water sources, natural resource impacts or limitations, emergency
preparedness, water conservation, new text end supply and demand reduction measures new text begin , new text end and allocation
priorities deleted text begin and must identify alternative sources of water for use in an emergency deleted text end new text begin that are
consistent with section 103G.261 new text end . Public water suppliers must update deleted text begin the deleted text end new text begin their new text end plan and new text begin ,
upon notification, new text end submit it to the commissioner for approval every ten years.

new text begin (b) The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Public water suppliers serving more than 1,000 people must employ water use
demand reduction measures before requesting approval from the commissioner of health
under section 144.383, paragraph (a), to construct a public water supply well or requesting
an increase in the authorized volume of appropriation. Demand reduction measures must
include evaluation of conservation rate structures and a public education program that
may include a toilet and showerhead retrofit program.

deleted text begin (c) deleted text end new text begin (d) new text end Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.

deleted text begin (d) deleted text end new text begin (e) new text end For the purposes of this subdivision, "public water supplier" means an entity
that owns, manages, or operates a public water supply, as defined in section 144.382,
subdivision 4.

Sec. 9.

Minnesota Statutes 2006, section 473.1565, subdivision 1, is amended to read:

Subdivision 1.

Planning activities.

(a) The Metropolitan Council must carry out
planning activities addressing the water supply needs of the metropolitan area as defined
in section 473.121, subdivision 2. The planning activities must include, at a minimum:

(1) development and maintenance of a base of technical information needed for
sound water supply decisions including surface and groundwater availability analyses,
water demand projections, water withdrawal and use impact analyses, modeling, and
similar studies;

(2) development and periodic update of a metropolitan area master water supply
plan new text begin , prepared in cooperation with and subject to the approval of the commissioner
of natural resources, new text end that:

(i) provides guidance for local water supply systems and future regional investments;

(ii) emphasizes conservation, interjurisdictional cooperation, and long-term
sustainability; and

(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area
water supply system and its local and subregional components;

(3) recommendations for clarifying the appropriate roles and responsibilities of
local, regional, and state government in metropolitan area water supply;

(4) recommendations for streamlining and consolidating metropolitan area water
supply decision-making and approval processes; and

(5) recommendations for the ongoing and long-term funding of metropolitan area
water supply planning activities and capital investments.

(b) The council must carry out the planning activities in this subdivision in
consultation with the Metropolitan Area Water Supply Advisory Committee established in
subdivision 2.

Sec. 10.

Minnesota Statutes 2006, section 473.859, subdivision 3, is amended to read:

Subd. 3.

Public facilities plan.

A public facilities plan shall describe the character,
location, timing, sequence, function, use and capacity of existing and future public
facilities of the local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or departures from
metropolitan system plans and to protect metropolitan system plans. A public facilities
plan shall contain at least the following parts:

(1) a transportation plan describing, designating and scheduling the location, extent,
function and capacity of existing and proposed local public and private transportation
services and facilities;

(2) a sewer policy plan describing, designating and scheduling the areas to be
sewered by the public system, the existing and planned capacities of the public system, the
standards and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or private systems
because of public health, safety and welfare considerations;

(3) a parks and open space plan describing, designating and scheduling the existing
and proposed parks and recreation open spaces within the jurisdiction; and

(4) a water supply plan deleted text begin including: deleted text end new text begin as described in section 103G.291, subdivision 3.
new text end

deleted text begin (i) a description of the existing water supply system, including the source of water,
well and treatment plant locations, and major supply lines; an inventory of commercial
and industrial users; an indication of the community's intent to make future changes
or additions to the system, including projections for population and industrial and
commercial use and the methods by which this growth will be served;
deleted text end

deleted text begin (ii) a statement of the community's objectives, policies, and standards for operating
the water supply system;
deleted text end

deleted text begin (iii) a conservation program that contains the goals of the program, demand and
supply conservation techniques to be used, an evaluation of pricing methods that could be
used to reduce demand, the conditions under which conservation actions would occur,
a process for reducing nonessential uses according to the priority system under section
, and the education program that will be used to inform the public of the need to
conserve and the methods available to achieve conservation;
deleted text end

deleted text begin (iv) an emergency preparedness or contingency plan, as described in section
deleted text begin 103G.291, subdivision 3 deleted text end ;
deleted text end

deleted text begin (v) an indication of the possibility for joint efforts with neighboring communities or
other public entities for sharing water sources and treatment, interconnection for routine or
emergency supply, pursuit of alternative supplies, and water source protection;
deleted text end

deleted text begin (vi) a statement of the water supply problems that the community experiences or
expects to experience and any proposed solutions, especially those that would impact
other communities or the region; and
deleted text end

deleted text begin (vii) a wellhead protection plan prepared in accordance with rules adopted by the
commissioner of health under section deleted text begin 103I.101, subdivision 5 deleted text end , clause (9).
deleted text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Laws 2006, chapter 273, section 2, new text end new text begin is repealed.
new text end