HF 1656

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 02:52pm

A bill for an act
relating to natural resources; modifying provisions for renewable energy in state
buildings; modifying provisions for certain grants for outdoor recreation; modifying
game and fish law; providing for removal of beavers and beaver dams causing
damage; amending Minnesota Statutes 2018, sections 16B.32, subdivision 1a;
16B.323, subdivision 2; 84.026, by adding a subdivision; 84.794, subdivision 2;
84.83, subdivision 3; 85.44; 97A.015, subdivisions 25, 43; 97A.126; 97A.475,
subdivision 4; 97B.655; 97B.665, by adding a subdivision; 97B.667, subdivisions
2, 3, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 16B.32, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Onsite deleted text end Energy generation from renewable sources.

A state agency that
prepares a predesign for a new building must consider meeting at least two percent of the
energy needs of the building from renewable sources deleted text begin located on the building site deleted text end . For
purposes of this subdivision, "renewable sources" are limited to wind and the sun. The
predesign must include an explicit cost and price analysis of complying with the two-percent
requirement compared with the present and future costs of energy supplied by a public
utility from a location away from the building site and the present and future costs of
controlling carbon emissions. If the analysis concludes that the building should not meet at
least two percent of its energy needs from renewable sources deleted text begin located on the building site deleted text end ,
the analysis must provide explicit reasons why not. The building may not receive further
state appropriations for design or construction unless at least two percent of its energy needs
are designed to be met from renewable sources, unless the commissioner finds that the
reasons given by the agency for not meeting the two-percent requirement were supported
by evidence in the record.

Sec. 2.

Minnesota Statutes 2018, section 16B.323, subdivision 2, is amended to read:

Subd. 2.

Solar energy system.

(a) As provided in paragraphs (b) and (c), a project for
the construction or major renovation of a state building, after the completion of a cost-benefit
analysis, may include installation of solar energy systems deleted text begin of up to 300 kilowatts capacity
on, adjacent, or in proximity to the state building deleted text end new text begin on state-owned buildings and land new text end .

(b) The capacity of a solar energy system deleted text begin must be less than 300 kilowatts to the extent
necessary to match the electrical load of the building, or the capacity deleted text end must be no more than
necessary to keep the costs for the installation below the five percent maximum set by
paragraph (c).

(c) The cost of the solar energy system must not exceed five percent of the appropriations
from the bond proceeds fund for the construction or renovation of the state building. Purchase
and installation of a solar thermal system may account for no more than 25 percent of the
cost of a solar energy system installation.

(d) A project subject to this section is ineligible to receive a rebate for the installation
of a solar energy system under section 116C.7791 or from any utility.

Sec. 3.

Minnesota Statutes 2018, section 84.026, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Paying grant-eligible expenditures. new text end

new text begin Notwithstanding section 16A.41, the
commissioner may make payments for otherwise eligible grant-program expenditures that
are made on or after the effective date of the appropriation that funds the payments for:
new text end

new text begin (1) grants-in-aid under sections 84.794, 84.803, 84.83, 84.927, and 85.44;
new text end

new text begin (2) local recreation grants under section 85.019; and
new text end

new text begin (3) enforcement and public education grants under sections 84.794, 84.803, 84.83,
84.927, 86B.701, 86B.705, and 87A.10.
new text end

Sec. 4.

Minnesota Statutes 2018, section 84.794, subdivision 2, is amended to read:

Subd. 2.

Purposes.

(a) Subject to appropriation by the legislature, money in the
off-highway motorcycle account may only be spent for:

(1) administration, enforcement, and implementation of sections 84.787 to 84.795;

(2) acquisition, maintenance, and development of off-highway motorcycle trails and use
areas; deleted text begin and
deleted text end

(3) grants-in-aid to counties and municipalities to construct and maintain off-highway
motorcycle trails and use areas new text begin ; and
new text end

new text begin (4) grants for enforcement and public education to local law enforcement agencies new text end .

(b) The distribution of funds made available for grants-in-aid must be guided by the
statewide comprehensive outdoor recreation plan.

Sec. 5.

Minnesota Statutes 2018, section 84.83, subdivision 3, is amended to read:

Subd. 3.

Purposes for the account; allocation.

(a) The money deposited in the account
and interest earned on that money may be expended only as appropriated by law for the
following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails new text begin that are determined by the commissioner to be part of
the state's grant-in-aid system new text end , including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jack deleted text begin ; deleted text end new text begin . The commissioner
may establish a performance-based funding formula for annual grants-in-aid. The procedures
and criteria for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
new text end

new text begin (i) determine annual grant amounts based on a funding formula that includes consideration
of historical costs, snowfall, use, and tourism;
new text end

new text begin (ii) make grant payments based on:
new text end

new text begin (A) successful completion of performance benchmarks;
new text end

new text begin (B) reimbursement of eligible expenditures; or
new text end

new text begin (C) a combination of subitems (A) and (B); and
new text end

new text begin (iii) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding.
new text end

(2) deleted text begin for acquisition, development, and maintenance of deleted text end new text begin to acquire, develop, and maintain new text end
state recreational snowmobile trails;

(3) for snowmobile safety programs; and

(4) deleted text begin for the administration and enforcement of deleted text end new text begin to administer and enforce new text end sections 84.81
to 84.91 and appropriated grants to local law enforcement agencies.

(b) No less than 60 percent of revenue collected from snowmobile registration and
snowmobile state trail sticker fees must be expended for grants-in-aid to develop, maintain,
and groom trails and acquire easements.

Sec. 6.

Minnesota Statutes 2018, section 85.44, is amended to read:

85.44 CROSS-COUNTRY-SKI TRAIL GRANT-IN-AID PROGRAM.

The commissioner shall establish a grant-in-aid program for local units of government
and special park districts deleted text begin for the acquisition, development, and maintenance of deleted text end new text begin to acquire,
develop, and maintain new text end cross-country-ski trails new text begin that are determined by the commissioner to
be part of the state's grant-in-aid system new text end . Grants deleted text begin shall be deleted text end new text begin are new text end available deleted text begin for acquisition of deleted text end new text begin to
acquire new text end trail easements but may not be used to acquire any lands in fee title. Local units of
government and special park districts applying for and receiving grants under this section
deleted text begin shall be deleted text end new text begin are new text end considered to have cross-country-ski trails for one year following the expiration
of their last grant. The department shall reimburse all public sponsors of grants-in-aid
cross-country-ski trails based upon criteria established by the department. deleted text begin Prior to the use
of deleted text end new text begin Before using new text end any reimbursement criteria, a certain proportion of the revenues deleted text begin shall deleted text end new text begin must new text end
be allocated on the basis of user fee sales location. new text begin The commissioner may establish a
performance-based funding formula for annual grants-in-aid. The procedures and criteria
for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
new text end

new text begin (1) determine annual grant amounts based on a funding formula that includes
consideration of historical costs, snowfall, use, and tourism;
new text end

new text begin (2) make grant payments based on:
new text end

new text begin (i) successful completion of performance benchmarks;
new text end

new text begin (ii) reimbursement of eligible expenditures; or
new text end

new text begin (iii) a combination of items (i) and (ii); and
new text end

new text begin (3) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding.
new text end

Sec. 7.

Minnesota Statutes 2018, section 97A.015, subdivision 25, is amended to read:

Subd. 25.

Game fish.

"Game fish" means deleted text begin walleye, sauger, yellow perch, channel catfish,
flathead catfish; members of the pike family, Esocidae, including muskellunge and northern
pike; members of the sunfish family, Centrarchidae, including largemouth bass, smallmouth
bass, sunfish, rock bass, white crappie, black crappie, members of the temperate bass family,
Percichthyidae, including white bass and yellow bass; members of the salmon and trout
subfamily, Salmoninae, including Atlantic salmon, chinook salmon, coho salmon, pink
salmon, kokanee salmon, lake trout, brook trout, brown trout, rainbow (steelhead) trout,
and splake; members of the paddlefish family, Polyodontidae; members of the sturgeon
family, Acipenseridae, including lake sturgeon, and shovelnose sturgeon. deleted text end new text begin fish from the
following families and species: Acipenseridae (lake sturgeon and shovelnose sturgeon),
Anguillidae (American eel), Centrarchidae (black crappie; largemouth bass; rock bass;
smallmouth bass; white crappie; and sunfishes, including bluegill, green sunfish, longear
sunfish, orangespotted sunfish, pumpkinseed, and warmouth), Esocidae (muskellunge and
northern pike), Gadidae (burbot), Ictaluridae (blue catfish, channel catfish, and flathead
catfish), Moronidae (white bass and yellow bass), Percidae (sauger, walleye, and yellow
perch), Polyodontidae (paddlefish), and Salmonidae (Atlantic salmon, brook trout, brown
trout, chinook salmon, cisco, coho salmon, kokanee salmon, lake trout, lake whitefish, pink
salmon, and rainbow trout). new text end deleted text begin " deleted text end Game fish deleted text begin " deleted text end includes hybrids of game fish.

Sec. 8.

Minnesota Statutes 2018, section 97A.015, subdivision 43, is amended to read:

Subd. 43.

Rough fish.

"Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
deleted text begin burbot, cisco, deleted text end gar, goldeye, and bullhead, except for any fish species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134.

Sec. 9.

Minnesota Statutes 2018, section 97A.126, is amended to read:

97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

A walk-in access program is established to provide public
access to wildlife habitat on deleted text begin private deleted text end land new text begin not otherwise open to the public new text end for hunting,
excluding trapping, as provided under this section. The commissioner may enter into
agreements with other units of government and landowners to provide deleted text begin private land deleted text end hunting
access.

Subd. 2.

Use of enrolled lands.

(a) From September 1 to May 31, a person must have
a walk-in access hunter validation in possession to hunt on deleted text begin private deleted text end lands, including
agricultural lands, that are posted as being enrolled in the walk-in access program.

(b) Hunting on deleted text begin private deleted text end lands that are posted as enrolled in the walk-in access program
is allowed from one-half hour before sunrise to one-half hour after sunset.

(c) Hunter access on deleted text begin private deleted text end lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by hunters with disabilities operating
motor vehicles on established trails or field roads who possess a valid permit to shoot from
a stationary vehicle under section 97B.055, subdivision 3.

(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
hunters on lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than hunting according to this section is prohibited,
including:

(1) harvesting bait, including minnows, leeches, and other live bait;

(2) training dogs or using dogs for activities other than hunting; and

(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.

Sec. 10.

Minnesota Statutes 2018, section 97A.475, subdivision 4, is amended to read:

Subd. 4.

Small-game surcharge and donation.

(a) Fees for annual licenses to take
small game must be increased by a surcharge of $6.50, except licenses under subdivisions
2, clauses (18) and (19); and 3, paragraph (a), deleted text begin clause deleted text end new text begin clauses new text end (14) new text begin and (15) new text end . An additional
commission may not be assessed on the surcharge and the following statement must be
included in the annual small-game-hunting regulations: "This $6.50 surcharge is being paid
by hunters for the acquisition and development of wildlife lands."

(b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident
and nonresident licenses to take small game. An additional commission may not be assessed
on the donation. The following statement must be included in the annual small-game-hunting
regulations: "The small-game license donations are being paid by hunters for administration
of the walk-in access program."

Sec. 11.

Minnesota Statutes 2018, section 97B.655, is amended to read:

97B.655 TAKING ANIMALS CAUSING DAMAGE.

Subdivision 1.

Owners and occupants may take certain animals.

new text begin (a) new text end A person or the
person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit,
hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
person where the animal is causing damage. The person or the person's agent may take the
animal without a license and in any manner except by artificial lights in the closed season
or by poison. Raccoons may be taken under this subdivision with artificial lights during
open season.

new text begin (b) Any traps used under this subdivision must be tagged with:
new text end

new text begin (1) if placed by the owner or occupant of the land, the name and telephone number of
the landowner or occupant; or
new text end

new text begin (2) if placed by an agent of the landowner or occupant, the agent's information as required
under section 97B.928.
new text end

new text begin (c) new text end A person or the person's agent who kills mink, raccoon, bobcat, fox, opossum,
muskrat, or beaver under this subdivision must notify a conservation officer or employee
of the Fish and Wildlife Division within 24 hours after the animal is killed.

Subd. 2.

Special permit for taking protected wild animals.

new text begin (a) new text end The commissioner may
issue special permits under section 97A.401, subdivision 5, to take protected wild animals
that are damaging property or to remove or destroy their dens, nests, new text begin or new text end houses deleted text begin , or dams deleted text end .

new text begin (b) Removing or destroying a beaver dam associated with beavers causing damage must
be according to section 97B.665.
new text end

Sec. 12.

Minnesota Statutes 2018, section 97B.665, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Removing beaver dams; agreement by landowner. new text end

new text begin (a) Except as provided
in paragraph (b), a beaver dam that is causing damage to property may be removed or
destroyed by a person or the person's agent from property that is owned, occupied, or
otherwise managed by the person.
new text end

new text begin (b) A person or a person's agent may not remove or destroy a beaver dam under this
subdivision:
new text end

new text begin (1) if removing or destroying the dam would change or diminish the historical water
levels, course, current, or cross section of public waters; or
new text end

new text begin (2) when a permit is required under section 103G.245.
new text end

new text begin (c) A person or a person's agent may not remove or destroy a beaver dam under this
subdivision if the dam is on public property or another person's private property unless the
person obtains the approval or permission of the landowner of the property where the beaver
dam is located.
new text end

new text begin (d) If unable to obtain the approval or permission of the landowner under paragraph (c),
a person may petition to district court for relief as provided in subdivision 2.
new text end

new text begin (e) For purposes of this subdivision:
new text end

new text begin (1) "landowner" means:
new text end

new text begin (i) the owner, lessee, or occupant of private property; or
new text end

new text begin (ii) an authorized manager of public property; and
new text end

new text begin (2) "person" includes a governmental entity in addition to the entities described under
section 97A.015, subdivision 35.
new text end

Sec. 13.

Minnesota Statutes 2018, section 97B.667, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Local deleted text end Government units.

(a) deleted text begin Local deleted text end Government units may, as provided in this
section, kill or arrange to have killed beaver that are causing damage, including damage to
silvicultural projects and drainage ditches, on property owned or managed by the deleted text begin local deleted text end
government unit. deleted text begin Removal or destruction of deleted text end new text begin Removing or destroying new text end any associated beaver
lodge is subject to section 97A.401, subdivision 5 deleted text begin . deleted text end new text begin , and removing or destroying any associated
beaver dam is subject to section 97B.665.
new text end

(b) The deleted text begin local deleted text end government unit may kill beaver associated with the lodge or damage in
any manner, except by poison or artificial lights.

(c) The deleted text begin local deleted text end government unit may arrange to have killed any beaver associated with
the lodge or damage by trapping through a third-party contract or under subdivision 4.

Sec. 14.

Minnesota Statutes 2018, section 97B.667, subdivision 3, is amended to read:

Subd. 3.

Permits and notice; requirements.

(a) Before killing or arranging to kill a
beaver under this section, the road authority or deleted text begin local deleted text end government unit must contact a
conservation officer for a special beaver permit deleted text begin . deleted text end new text begin if the beaver will be killed within two weeks
before or after the trapping season for beaver, and new text end the conservation officer must issue the
permit for any beaver subject to this section. new text begin A permit is not required:
new text end

new text begin (1) for a licensed trapper during the open trapping season for beaver; or
new text end

new text begin (2) when the trapping season for beaver is closed and it is not within two weeks before
or after the trapping season for beaver.
new text end

(b) A road authority or deleted text begin local deleted text end government unit that kills or arranges to have killed a beaver
under this section must notify a conservation officer or employee of the Fish and Wildlife
Division within ten days after the animal is killed.

Sec. 15.

Minnesota Statutes 2018, section 97B.667, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Local deleted text end Beaver control programs.

A road authority or deleted text begin local deleted text end government unit
may, after consultation with the Fish and Wildlife Division, implement a deleted text begin local deleted text end beaver control
program designed to reduce the number of incidents of beaver:

(1) interfering with or damaging a public road; or

(2) causing damage, including damage to silvicultural projects and drainage ditches, on
property owned or managed by the deleted text begin local deleted text end government unit.

The deleted text begin local deleted text end control program may include deleted text begin the deleted text end offering deleted text begin of deleted text end a bounty deleted text begin for the lawful taking of deleted text end new text begin
to lawfully take new text end beaver.

Sec. 16.

Minnesota Statutes 2018, section 97B.667, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Tagging requirements for traps. new text end

new text begin Traps used under subdivision 1 or 2 must
be tagged with the name and telephone number of the government unit. Traps used for
trapping under a third-party contract must also be tagged with the contractor's information
as provided in section 97B.928.
new text end