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HF 1867

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental and natural resources purposes; 
  1.4             establishing and modifying certain programs; providing 
  1.5             for regulation of certain activities and practices; 
  1.6             providing for accounts, assessments, and fees; 
  1.7             amending Minnesota Statutes 2002, sections 16A.125, by 
  1.8             adding a subdivision; 84.798, subdivision 1; 84.83, 
  1.9             subdivision 3; 84.925, subdivision 1; 84.9256, 
  1.10            subdivision 1; 84.9257; 84.928, subdivisions 2, 6; 
  1.11            84A.51, subdivision 2; 89.035; 89.19; 97C.605, 
  1.12            subdivision 2; 103F.225, subdivision 5; 115.06, 
  1.13            subdivision 4; 115.55, subdivision 9; 115A.12; 116.92, 
  1.14            subdivision 4; 116P.12, subdivision 1, by adding a 
  1.15            subdivision; Minnesota Statutes 2003 Supplement, 
  1.16            sections 84.026; 84.773; 84.777; 84.788, subdivision 
  1.17            3; 84.92, subdivision 8; 84.926; 115.551; 115A.072, 
  1.18            subdivision 1; 115B.20, subdivision 2; 473.845, 
  1.19            subdivision 1; Laws 2003, chapter 128, article 1, 
  1.20            section 10; Laws 2003, chapter 128, article 1, section 
  1.21            167, subdivision 1; proposing coding for new law in 
  1.22            Minnesota Statutes, chapters 84; 89; 103G; 115; 116; 
  1.23            repealing Minnesota Statutes 2002, section 115.55, 
  1.24            subdivision 10. 
  1.28     The dollar amounts in the columns under "APPROPRIATIONS" 
  1.29  are added to or, if shown in parentheses, are subtracted from 
  1.30  the appropriations in Laws 2003, chapter 128, article 1, or 
  1.31  other law, to the specified agencies.  The appropriations are 
  1.32  from the general fund or other named fund and are available for 
  1.33  the fiscal years indicated for each purpose.  The figures "2004" 
  1.34  and "2005" means that the addition to or subtraction from the 
  1.35  appropriations listed under the figure are for the fiscal year 
  2.1   ending June 30, 2004, or June 30, 2005, respectively.  The term 
  2.2   "first year" means the year ending June 30, 2004, and the term 
  2.3   "the second year" means the year ending June 30, 2005. 
  2.4                           SUMMARY BY FUND
  2.5   APPROPRIATIONS            2004          2005           TOTAL
  2.6   General            $     -0-      $  (9,198,000) $   (9,198,000)
  2.7   Environmental            -0-             70,000          70,000
  2.8   Natural Resources        -0-          7,240,000       7,240,000
  2.9   TOTAL              $     -0-      $  (1,888,000) $   (1,888,000)
  2.10                                             APPROPRIATIONS 
  2.11                                         Available for the Year 
  2.12                                             Ending June 30 
  2.13                                            2004         2005 
  2.14  Sec. 2.  POLLUTION CONTROL  
  2.15  AGENCY
  2.16  Total Appropriation               $    -0-       $     (211,000)
  2.17                Summary by Fund
  2.18  General                 -0-          (281,000)
  2.19  Environmental           -0-            70,000 
  2.20  The $281,000 general fund reduction is 
  2.21  from the appropriation made in Laws 
  2.22  2003, chapter 128, article 1, section 2.
  2.23  $70,000 is from the environmental fund 
  2.24  to support the Clean Waters Council. 
  2.25  Sec. 3.  OFFICE OF   
  2.26  ENVIRONMENTAL ASSISTANCE               -0-            (132,000)
  2.27  This reduction is from the 
  2.28  appropriation made in Laws 2003, 
  2.29  chapter 128, article 1, section 3. 
  2.30  Sec. 4.  ZOOLOGICAL BOARD              -0-            (197,000)
  2.31  This reduction is from the 
  2.32  appropriation made in Laws 2003, 
  2.33  chapter 128, article 1, section 4. 
  2.34  Sec. 5.  NATURAL RESOURCES
  2.35  Total Appropriation                    -0-          (1,221,000)
  2.36                Summary by Fund
  2.37  General                 -0-        (8,461,000)
  2.38  Natural Resources       -0-         7,240,000
  2.39  $5,615,000 of the general fund 
  2.40  reduction is from the appropriation in 
  2.41  Laws 2003, chapter 128, article 1, 
  2.42  section 5, subdivision 4. 
  2.43  $50,000 the second year is from the 
  2.44  snowmobile trails and enforcement 
  3.1   account for the independent 
  3.2   comprehensive study of snowmobile use 
  3.3   and funding described in this act. 
  3.4   $6,215,000 the second year is from the 
  3.5   forest management investment account in 
  3.6   the natural resources fund for only the 
  3.7   purposes specified in Minnesota 
  3.8   Statutes, section 89.039, subdivision 2.
  3.9   Notwithstanding Minnesota Statutes, 
  3.10  section 89.37, subdivision 4, up to 
  3.11  $600,000 for fiscal year 2005 is 
  3.12  transferred from the forest nursery 
  3.13  account to the forest management 
  3.14  investment account to provide for cash 
  3.15  flow needs.  The amount of the transfer 
  3.16  shall be repaid to the forest nursery 
  3.17  account from the forest management 
  3.18  investment account no later than June 
  3.19  30, 2012. 
  3.20  $400,000 the second year is from the 
  3.21  natural resources fund for additional 
  3.22  off-highway vehicle trail forest 
  3.23  inventory, trail designation, and 
  3.24  development.  Of this amount, $280,000 
  3.25  is from the all-terrain vehicle 
  3.26  account, $80,000 is from the off-road 
  3.27  vehicle account, and $40,000 is from 
  3.28  the off-highway motorcycle account.  
  3.29  This is a onetime only appropriation. 
  3.30  The commissioner must assign three 
  3.31  additional trail development 
  3.32  specialists to assist off-highway 
  3.33  groups with grant-in-aid trail 
  3.34  development and trail development- 
  3.35  related activities. 
  3.36  $575,000 the second year is from the 
  3.37  natural resources fund for additional 
  3.38  grants-in-aid.  Of this amount, 
  3.39  $402,500 is from the all-terrain 
  3.40  vehicle account, $115,000 is from the 
  3.41  off-road vehicle account, and $57,500 
  3.42  is from the off-highway motorcycle 
  3.43  account.  This amount is added to the 
  3.44  appropriation in Laws 2003, chapter 
  3.45  128, article 1, section 5, subdivision 
  3.46  6, for a total in the second year of 
  3.47  $1,100,000 in off-highway grants-in-aid.
  3.48  Of this amount, $877,500 is from the 
  3.49  all-terrain vehicle account, $115,000 
  3.50  is from the off-road vehicle account, 
  3.51  and $107,500 is from the off-highway 
  3.52  motorcycle account. 
  3.53  $240,000 of the reduction in the second 
  3.54  year is from the appropriation for a 
  3.55  grant to the Metropolitan Council for 
  3.56  metropolitan area regional parks 
  3.57  maintenance and operations made in Laws 
  3.58  2003, chapter 128, article 1, section 
  3.59  5, subdivision 5. 
  3.60  $2,606,000 of the general fund 
  3.61  reduction is from the appropriation 
  3.62  made in Laws 2003, chapter 128, article 
  3.63  1, section 5.  The commissioner may 
  3.64  make these reductions at the program 
  4.1   and activity level to achieve the 
  4.2   reduction.  None of this reduction may 
  4.3   be from grant programs.  
  4.4   Sec. 6.  BOARD OF SOIL AND
  4.5   WATER RESOURCES                        -0-            (127,000)
  4.6   This reduction is from the 
  4.7   appropriation made in Laws 2003, 
  4.8   chapter 128, article 1, section 7. 
  4.9      Sec. 7.  Minnesota Statutes 2002, section 16A.125, is 
  4.10  amended by adding a subdivision to read: 
  4.12  AGGREGATE POTENTIAL.] $50,000 is appropriated in fiscal year 
  4.13  2005 from money accruing and credited to the forest suspense 
  4.14  account to the Division of Lands and Minerals in the Department 
  4.15  of Natural Resources to identify, evaluate, and lease 
  4.16  construction aggregates located on state trust lands.  The 
  4.17  appropriation is supervised and controlled by the commissioner 
  4.18  of natural resources and remains available until October 30, 
  4.19  2005. 
  4.20     This program has a budget base of $50,000 for fiscal years 
  4.21  2006 and 2007 only. 
  4.22     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  4.23  84.026, is amended to read: 
  4.26     The commissioner of natural resources is authorized to 
  4.27  enter into contractual or grant agreements with any public or 
  4.28  private entity for the provision of statutorily prescribed 
  4.29  natural resources services by or for the department.  The 
  4.30  contracts or grants shall specify the services to be provided 
  4.31  and, where services are being provided for the department, the 
  4.32  amount and method of reimbursement payment after services are 
  4.33  rendered.  Funds generated in a contractual agreement made 
  4.34  pursuant to this section shall be deposited in the special 
  4.35  revenue fund and are appropriated to the department for purposes 
  4.36  of providing the services specified in the contracts.  All 
  4.37  contractual and grant agreements shall be processed in 
  4.38  accordance with the provisions of section 16C.05.  The 
  5.1   commissioner shall report revenues collected and expenditures 
  5.2   made under this section to the chairs of the Committees on 
  5.3   Appropriations in the house and Finance in the senate by January 
  5.4   1 of each odd-numbered year. 
  5.5      Sec. 9.  [84.0857] [FACILITIES MANAGEMENT ACCOUNT.] 
  5.6      The commissioner of natural resources may bill 
  5.7   organizational units within the Department of Natural Resources 
  5.8   for the costs of providing them with building and infrastructure 
  5.9   facilities.  Costs billed may include modifications and 
  5.10  adaptations to allow for appropriate building occupancy, 
  5.11  building code compliance, insurance, utility services, 
  5.12  maintenance, repair, and other direct costs as determined by the 
  5.13  commissioner.  Receipts shall be credited to a special account 
  5.14  in the state treasury and are appropriated to the commissioner 
  5.15  to pay the costs for which the billings were made. 
  5.16     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  5.17  84.773, is amended to read: 
  5.18     84.773 [RESTRICTIONS ON OPERATION.] 
  5.19     Subdivision 1.  [RESTRICTIONS.] (a) A person may not 
  5.20  intentionally operate an off-highway vehicle: 
  5.21     (1) on a trail on public land that is designated or signed 
  5.22  for nonmotorized use only; 
  5.23     (2) on restricted areas within public lands that are posted 
  5.24  or where gates or other clearly visible structures are placed to 
  5.25  prevent unauthorized motorized vehicle access; or 
  5.26     (3) except as specifically authorized by law or rule 
  5.27  adopted by the commissioner, in:  
  5.28     (i) in unfrozen type 3, 4, and 5, and 8 wetlands or 
  5.29  located on public lands or on private lands, except as provided 
  5.30  under paragraph (b); 
  5.31     (ii) on unfrozen public waters, as defined in section 
  5.32  103G.005; 
  5.33     (iii) in a state park; 
  5.34     (iv) in a scientific and natural area; or 
  5.35     (v) in a wildlife management area; or 
  5.36     (4) in a calcareous fen, as identified by the commissioner. 
  6.1      (b) Paragraph (a), clause (3), item (i), does not apply to 
  6.2   a person who operates an off-highway vehicle on private land if 
  6.3   the person owns or leases the land or has been given permission 
  6.4   by the landowner or leaseholder to operate an off-highway 
  6.5   vehicle on the land. 
  6.6      Subd. 2.  [UTILITY EXEMPTIONS.] Subdivision 1 does not 
  6.7   apply to an off-highway vehicle being used for farming; an 
  6.8   off-highway vehicle used for military, fire, emergency, or law 
  6.9   enforcement purposes; a construction off-highway vehicle used in 
  6.10  the performance of its common function; an off-highway vehicle 
  6.11  used to carry out silvicultural activities, including timber 
  6.12  cruising, and the harvest and transport of forest products for 
  6.13  commercial purposes; an off-highway vehicle owned by or operated 
  6.14  under contract with a utility or pipeline company, whether 
  6.15  publicly or privately owned, when used for maintenance or work 
  6.16  on utilities or pipelines; a commercial off-highway vehicle 
  6.17  being used for its intended purpose; or an off-highway vehicle 
  6.18  used to conduct duties of a government entity. 
  6.19     Subd. 3.  [PRIVATE LAND ACCESS.] The commissioner may grant 
  6.20  a three-year permit to exempt a private landowner or leaseholder 
  6.21  from this section when the only reasonable access to a permit 
  6.22  applicant's land is across forestry administered lands in state 
  6.23  forests. 
  6.24     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  6.25  84.777, is amended to read: 
  6.27     (a) Except as otherwise allowed by law or rules adopted by 
  6.28  the commissioner, effective June 1, 2003, notwithstanding 
  6.29  sections 84.787 to 84.805 and 84.92 to 84.929, the use of 
  6.30  off-highway vehicles is prohibited on state land administered by 
  6.31  the commissioner of natural resources, and on 
  6.32  county-administered forest land within the boundaries of a state 
  6.33  forest, except on roads and trails specifically designated and 
  6.34  posted by the commissioner for use by off-highway vehicles. 
  6.35     (b) Paragraph (a) does not apply: 
  6.36     (1) to county-administered land within a state forest if 
  7.1   the county board adopts a resolution that modifies restrictions 
  7.2   on the use of off-highway vehicles on county-administered land 
  7.3   within the forest; or 
  7.4      (2) to forest lands classified as managed. 
  7.5      Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  7.6   84.788, subdivision 3, is amended to read: 
  7.7      Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  7.8   for registration or continued registration must be made to the 
  7.9   commissioner or an authorized deputy registrar of motor vehicles 
  7.10  in a form prescribed by the commissioner.  The form must state 
  7.11  the name and address of every owner of the off-highway 
  7.12  motorcycle. 
  7.13     (b) A person who purchases from a retail dealer an 
  7.14  off-highway motorcycle shall make application for registration 
  7.15  to the dealer at the point of sale.  The dealer shall issue a 
  7.16  temporary ten-day registration permit to each purchaser who 
  7.17  applies to the dealer for registration.  The dealer shall submit 
  7.18  the completed registration applications and fees to the deputy 
  7.19  registrar at least once each week.  No fee may be charged by a 
  7.20  dealer to a purchaser for providing the temporary permit. 
  7.21     (c) Upon receipt of the application and the appropriate 
  7.22  fee, the commissioner or deputy registrar shall issue to the 
  7.23  applicant, or provide to the dealer, a 60-day temporary receipt 
  7.24  and shall assign a registration number that must be affixed to 
  7.25  the motorcycle in a manner prescribed by the commissioner 
  7.26  according to paragraph (f).  A dealer subject to paragraph (b) 
  7.27  shall provide the registration materials and temporary receipt 
  7.28  to the purchaser within the ten-day temporary permit period. 
  7.29     (d) The commissioner shall develop a registration system to 
  7.30  register vehicles under this section.  A deputy registrar of 
  7.31  motor vehicles acting under section 168.33, is also a deputy 
  7.32  registrar of off-highway motorcycles.  The commissioner of 
  7.33  natural resources in agreement with the commissioner of public 
  7.34  safety may prescribe the accounting and procedural requirements 
  7.35  necessary to ensure efficient handling of registrations and 
  7.36  registration fees.  Deputy registrars shall strictly comply with 
  8.1   the accounting and procedural requirements.  
  8.2      (e) In addition to other fees prescribed by law, a filing 
  8.3   fee of $4.50 is charged for each off-highway motorcycle 
  8.4   registration renewal, duplicate or replacement registration 
  8.5   card, and replacement decal and a filing fee of $7 is charged 
  8.6   for each off-highway motorcycle registration and registration 
  8.7   transfer issued by: 
  8.8      (1) a deputy registrar and must be deposited in the 
  8.9   treasury of the jurisdiction where the deputy is appointed, or 
  8.10  kept if the deputy is not a public official; or 
  8.11     (2) the commissioner and must be deposited in the state 
  8.12  treasury and credited to the off-highway motorcycle account. 
  8.13     (f) Unless exempted in paragraph (g), the owner of an 
  8.14  off-highway motorcycle must display a registration decal issued 
  8.15  by the commissioner.  If the motorcycle is licensed as a motor 
  8.16  vehicle, a registration decal must be affixed on the upper left 
  8.17  corner of the rear license plate.  If the motorcycle is not 
  8.18  licensed as a motor vehicle, the decal must be attached on the 
  8.19  side of the motorcycle and may be attached to the fork tube.  
  8.20  The decal must be attached in a manner so that it is visible 
  8.21  while a rider is on the motorcycle.  The issued decals must be 
  8.22  of a size to work within the constraints of the electronic 
  8.23  licensing system, not to exceed three inches high and three 
  8.24  inches wide. 
  8.25     (g) Display of a registration decal is not required for an 
  8.26  off-highway motorcycle: 
  8.27     (1) while being operated on private property; or 
  8.28     (2) while competing in a closed-course competition event. 
  8.29     Sec. 13.  Minnesota Statutes 2002, section 84.798, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted 
  8.32  under subdivision 2, after January 1, 1995, a person may not 
  8.33  operate and an owner may not give permission for another to 
  8.34  operate a vehicle off-road, nor may a person have an off-road 
  8.35  vehicle not registered under chapter 168 in possession at an 
  8.36  off-road vehicle staging area, or on lands administered by the 
  9.1   commissioner on designated trail trails or area areas, or on 
  9.2   off-road vehicle grant-in-aid trails and areas funded under 
  9.3   section 84.803, unless the vehicle has been registered under 
  9.4   this section. 
  9.5      Sec. 14.  Minnesota Statutes 2002, section 84.83, 
  9.6   subdivision 3, is amended to read: 
  9.7      Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
  9.8   in the account and interest earned on that money may be expended 
  9.9   only as appropriated by law for the following purposes:  
  9.10     (1) for a grant-in-aid program to counties and 
  9.11  municipalities for construction and maintenance of snowmobile 
  9.12  trails, including maintenance of trails on lands and waters of 
  9.13  Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 
  9.14  and on the following lakes in St. Louis County:  Burntside, 
  9.15  Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; 
  9.16     (2) for acquisition, development, and maintenance of state 
  9.17  recreational snowmobile trails; 
  9.18     (3) for snowmobile safety programs; and 
  9.19     (4) for the administration and enforcement of sections 
  9.20  84.81 to 84.91 and appropriated grants to local law enforcement 
  9.21  agencies.  
  9.22     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  9.23     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
  9.24  84.92, subdivision 8, is amended to read: 
  9.25     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
  9.26  "vehicle" means a motorized flotation-tired vehicle of not less 
  9.27  than three low pressure tires, but not more than six tires, that 
  9.28  is limited in engine displacement of less than 800 900 cubic 
  9.29  centimeters and total dry weight less than 900 pounds.  
  9.30     Sec. 16.  Minnesota Statutes 2002, section 84.925, 
  9.31  subdivision 1, is amended to read: 
  9.32     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  9.33  shall establish a comprehensive all-terrain vehicle 
  9.34  environmental and safety education and training program, 
  9.35  including the preparation and dissemination of vehicle 
  9.36  information and safety advice to the public, the training of 
 10.1   all-terrain vehicle operators, and the issuance of all-terrain 
 10.2   vehicle safety certificates to vehicle operators over the age of 
 10.3   12 years who successfully complete the all-terrain vehicle 
 10.4   environmental and safety education and training course.  
 10.5      (b) For the purpose of administering the program and to 
 10.6   defray a portion of the expenses of training and certifying 
 10.7   vehicle operators, the commissioner shall collect a fee of $15 
 10.8   from each person who receives the training.  Fee proceeds shall 
 10.9   be deposited in the all-terrain vehicle account in the natural 
 10.10  resources fund.  In addition to the fee established by the 
 10.11  commissioner, instructors may charge each person up to $5 for 
 10.12  class material and expenses. 
 10.13     (c) The commissioner shall cooperate with private 
 10.14  organizations and associations, private and public corporations, 
 10.15  and local governmental units in furtherance of the program 
 10.16  established under this section.  School districts may cooperate 
 10.17  with the commissioner and volunteer instructors to provide space 
 10.18  for the classroom portion of the training.  The commissioner 
 10.19  shall consult with the commissioner of public safety in regard 
 10.20  to training program subject matter and performance testing that 
 10.21  leads to the certification of vehicle operators.  By June 30, 
 10.22  2003, the commissioner shall incorporate a riding component in 
 10.23  the safety education and training program. 
 10.24     Sec. 17.  Minnesota Statutes 2002, section 84.9256, 
 10.25  subdivision 1, is amended to read: 
 10.26     Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
 10.27  Except for operation on public road rights-of-way that is 
 10.28  permitted under section 84.928, a driver's license issued by the 
 10.29  state or another state is required to operate an all-terrain 
 10.30  vehicle along or on a public road right-of-way. 
 10.31     (b) A person under 12 years of age shall not: 
 10.32     (1) make a direct crossing of a public road right-of-way; 
 10.33     (2) operate an all-terrain vehicle on a public road 
 10.34  right-of-way in the state; or 
 10.35     (3) operate an all-terrain vehicle on public lands or 
 10.36  waters.  
 11.1      (c) Except for public road rights-of-way of interstate 
 11.2   highways, a person 12 years of age but less than 16 years may 
 11.3   make a direct crossing of a public road right-of-way of a trunk, 
 11.4   county state-aid, or county highway or operate on public lands 
 11.5   and waters, only if that person possesses a valid all-terrain 
 11.6   vehicle safety certificate issued by the commissioner and is 
 11.7   accompanied on another all-terrain vehicle by a person 18 years 
 11.8   of age or older who holds a valid driver's license.  
 11.9      (d) All-terrain vehicle safety certificates issued by the 
 11.10  commissioner to persons 12 years old, but less than 16 years 
 11.11  old, are not valid for machines in excess of 90cc engine 
 11.12  capacity unless: 
 11.13     (1) the person successfully completed the safety education 
 11.14  and training program under section 84.925, subdivision 1, 
 11.15  including a riding component; and 
 11.16     (2) the riding component of the training was conducted 
 11.17  using an all-terrain vehicle with over 90cc engine capacity; and 
 11.18     (3) the person is able to properly reach and control the 
 11.19  handle bars and reach the foot pegs while sitting upright on the 
 11.20  seat of the all-terrain vehicle. 
 11.21     Sec. 18.  Minnesota Statutes 2002, section 84.9257, is 
 11.22  amended to read: 
 11.23     84.9257 [PASSENGERS.] 
 11.24     (a) A parent or guardian may operate an all-terrain vehicle 
 11.25  carrying one passenger who is under 16 years of age and who 
 11.26  wears a safety helmet approved by the commissioner of public 
 11.27  safety. 
 11.28     (b) For the purpose of this section, "guardian" means a 
 11.29  legal guardian of a person under age 16, or a person 18 or older 
 11.30  who has been authorized by the parent or legal guardian to 
 11.31  supervise the person under age 16. 
 11.32     (c) A person 18 years of age or older may operate an 
 11.33  all-terrain vehicle carrying one passenger who is 16 or 17 years 
 11.34  of age and wears a safety helmet approved by the commissioner of 
 11.35  public safety. 
 11.36     (d) A person 18 years of age or older may operate an 
 12.1   all-terrain vehicle carrying one passenger who is 18 years of 
 12.2   age or older. 
 12.3      Sec. 19.  Minnesota Statutes 2003 Supplement, section 
 12.4   84.926, is amended to read: 
 12.7      Subdivision 1.  [EXCEPTION BY PERMIT.] Notwithstanding 
 12.8   section 84.777, on a case by case basis, the commissioner may 
 12.9   issue a permit authorizing a person to operate an off-highway 
 12.10  vehicle on individual public trails under the commissioner's 
 12.11  jurisdiction during specified times and for specified purposes.  
 12.13  FORESTS; OFF TRAIL.] Notwithstanding section 84.777, on state 
 12.14  forest lands classified as managed or limited, other than the 
 12.15  Richard J. Dorer Memorial Hardwood Forest, a person may use an 
 12.16  all-terrain vehicle off forest trails or forest roads when: 
 12.17     (1) hunting big game or transporting or installing hunting 
 12.18  stands during October, November, and December, when in 
 12.19  possession of a valid big game license; 
 12.20     (2) retrieving big game in September when in possession of 
 12.21  a valid big game hunting license; 
 12.22     (3) trapping protected furbearers during an open season, 
 12.23  when in possession of a valid trapping license; or 
 12.24     (4) trapping minnows when in possession of a valid minnow 
 12.25  dealer, private fish hatchery, or aquatic farm license. 
 12.27  HUNTING.] Notwithstanding sections 84.773 and 84.777, on a 
 12.28  forest-by-forest basis, the commissioner may determine whether 
 12.29  all-terrain vehicles are allowed on forest roads, in state 
 12.30  forests classified as closed, for the purpose of hunting big 
 12.31  game during an open big game season.  The determination shall be 
 12.32  by written order as published in the State Register, is exempt 
 12.33  from chapter 14, and section 14.386 does not apply. 
 12.35  MANAGED FORESTS; TRAILS.] Notwithstanding sections 84.773 and 
 12.36  84.777, on state forest lands classified as limited or managed, 
 13.1   other than the Richard J. Dorer Memorial Hardwood Forest, a 
 13.2   person may use vehicles registered under chapter 168, or under 
 13.3   section 84.798 or 84.922, during an open big game season on 
 13.4   forest trails that are not designated for a specific use when in 
 13.5   possession of a valid big game license. 
 13.6      Sec. 20.  Minnesota Statutes 2002, section 84.928, 
 13.7   subdivision 2, is amended to read: 
 13.8      Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
 13.9   operate an all-terrain vehicle: 
 13.10     (1) at a rate of speed greater than reasonable or proper 
 13.11  under the surrounding circumstances; 
 13.12     (2) in a careless, reckless, or negligent manner so as to 
 13.13  endanger or to cause injury or damage to the person or property 
 13.14  of another; 
 13.15     (3) without headlight and taillight lighted at all times if 
 13.16  the vehicle is equipped with headlight and taillight; 
 13.17     (4) without a functioning stoplight if so equipped; 
 13.18     (5) in a tree nursery or planting in a manner that damages 
 13.19  or destroys growing stock; 
 13.20     (6) without a brake operational by either hand or foot; 
 13.21     (7) with more persons than one person on the vehicle than 
 13.22  it was designed for, except as allowed under section 84.9257; 
 13.23     (8) at a speed exceeding ten miles per hour on the frozen 
 13.24  surface of public waters within 100 feet of a person not on an 
 13.25  all-terrain vehicle or within 100 feet of a fishing shelter; or 
 13.26     (9) in a manner that violates operation rules adopted by 
 13.27  the commissioner. 
 13.28     Sec. 21.  Minnesota Statutes 2002, section 84.928, 
 13.29  subdivision 6, is amended to read: 
 13.31  Notwithstanding any law to the contrary, a city or town, acting 
 13.32  through its governing body, may by resolution or ordinance 
 13.33  prohibit the operation of all-terrain vehicles on city streets 
 13.34  or town roads in its jurisdiction provided the regulations are 
 13.35  otherwise consistent with sections 84.92 to 84.929. 
 13.36     (b) A county or city, or a town acting by its town board, 
 14.1   may regulate the operation of all-terrain vehicles on public 
 14.2   lands, waters, and property under its jurisdiction other than 
 14.3   public road rights-of-way within its boundaries, by resolution 
 14.4   or ordinance of the governing body and by giving appropriate 
 14.5   notice, provided:  
 14.6      (1) the regulations must be consistent with sections 84.92 
 14.7   to 84.929 and rules adopted under section 84.924; 
 14.8      (2) an ordinance may not impose a fee for the use of public 
 14.9   land or water under the jurisdiction of either the Department of 
 14.10  Natural Resources or other agency of the state, or for the use 
 14.11  of an access to it owned by the state or a county or a city; and 
 14.12     (3) an ordinance may not require an all-terrain vehicle 
 14.13  operator to possess a motor vehicle driver's license while 
 14.14  operating an all-terrain vehicle. 
 14.15     (c) Notwithstanding any law to the contrary, a county board 
 14.16  by ordinance may allow the operation of all-terrain vehicles on 
 14.17  the road right-of-way shoulder, or inside bank or slope of a 
 14.18  county highway or county state-aid highway, if: 
 14.19     (1) the highway is in the agricultural zone; or 
 14.20     (2) safe operation in the ditch or outside slope is 
 14.21  impossible, and the county posts the appropriate notice; or 
 14.22     (3) the road is designated as a minimum-maintenance road 
 14.23  under section 160.095. 
 14.24     Sec. 22.  Minnesota Statutes 2002, section 84A.51, 
 14.25  subdivision 2, is amended to read: 
 14.26     Subd. 2.  [FUNDS TRANSFERRED; APPROPRIATED.] Money in any 
 14.27  fund established under section 84A.03, 84A.22, or 84A.32, 
 14.28  subdivision 2, is transferred to the consolidated account, 
 14.29  except as provided in subdivision 3.  The money in the 
 14.30  consolidated account, or as much of it as necessary, is 
 14.31  appropriated for the purposes of sections 84A.52 and 84A.53.  Of 
 14.32  any remaining balance, the amount derived from timber sales 
 14.33  receipts is transferred to the forest management investment fund 
 14.34  and the amount derived from all other receipts is transferred to 
 14.35  the general fund. 
 14.36     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 15.1      Sec. 23.  Minnesota Statutes 2002, section 89.035, is 
 15.2   amended to read: 
 15.4      All income which may be received from lands acquired by the 
 15.5   state heretofore or hereafter for state forest purposes by gift, 
 15.6   purchase or eminent domain and tax-forfeited lands to which the 
 15.7   county has relinquished its equity to the state for state forest 
 15.8   purposes shall be paid into the state treasury and credited to 
 15.9   the general fund following funds except where the conveyance to 
 15.10  and acceptance by the state of lands for state forest purposes 
 15.11  provides for other disposition of receipts.  The income derived 
 15.12  from timber sales receipts shall be credited to the forest 
 15.13  management investment fund and the amounts derived from all 
 15.14  other receipts shall be credited to the general fund.  
 15.15     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 15.16     Sec. 24.  [89.039] [FOREST MANAGEMENT INVESTMENT ACCOUNT.] 
 15.17     Subdivision 1.  [ACCOUNT ESTABLISHED; SOURCES.] The forest 
 15.18  management investment account is created in the natural 
 15.19  resources fund in the state treasury and money in the account 
 15.20  may be spent only for the purposes provided in subdivision 2.  
 15.21  The following revenue shall be deposited in the forest 
 15.22  management investment account: 
 15.23     (1) timber sales receipts transferred from the consolidated 
 15.24  conservation areas account as provided in section 84A.51, 
 15.25  subdivision 2; and 
 15.26     (2) timber sales receipts from forest lands as provided in 
 15.27  section 89.035. 
 15.28     Subd. 2.  [PURPOSES OF ACCOUNT.] Subject to appropriation 
 15.29  by the legislature, money in the forest management investment 
 15.30  account may be spent only for the following purposes: 
 15.31     (1) reforestation and timber stand improvement, including 
 15.32  forest pest management; 
 15.33     (2) timber sales administration, contract marking of 
 15.34  commercial thinning sales, cultural resource reviews, and other 
 15.35  timber sales costs; and 
 15.36     (3) state forest road maintenance costs. 
 16.1      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 16.2      Sec. 25.  Minnesota Statutes 2002, section 89.19, is 
 16.3   amended to read: 
 16.4      89.19 [RULES.] 
 16.5      Subdivision 1.  [RULEMAKING AUTHORIZED.] The commissioner 
 16.6   may prescribe rules governing the use of forest lands under the 
 16.7   authority of the commissioner and state forest roads, or any 
 16.8   parts thereof, by the public and governing the exercise by 
 16.9   holders of leases or permits on forest lands and state forest 
 16.10  roads of all their rights under the leases or permits.  
 16.11     Subd. 2.  [RULEMAKING EXEMPTION.] The designation of forest 
 16.12  trails by the commissioner shall be by written order that is 
 16.13  published in the State Register.  These designations are not 
 16.14  subject to the rulemaking provisions of chapter 14 and section 
 16.15  14.386 does not apply.  Before designating forest trails, the 
 16.16  commissioner shall hold a public meeting in the county where the 
 16.17  largest portion of the forest lands are located to provide 
 16.18  information to and receive comment from the public regarding the 
 16.19  proposed trail designation.  Sixty days before the public 
 16.20  meeting, notice of the proposed forest trail shall be published 
 16.21  in the legal newspapers that serve the counties in which the 
 16.22  lands are located, in a statewide Department of Natural 
 16.23  Resources news release, and in the State Register. 
 16.24     Sec. 26.  Minnesota Statutes 2002, section 97C.605, 
 16.25  subdivision 2, is amended to read: 
 16.26     Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
 16.27  take, possess, buy, or transport turtles for sale; sell turtles; 
 16.28  or take turtles for sale using commercial equipment without a 
 16.29  turtle seller's license, except as provided in subdivision 2c. 
 16.30     (b) Except for renewals, no new turtle seller's licenses 
 16.31  may be issued after August 1, 2002.  The commissioner must not 
 16.32  issue more turtle seller's licenses in any year than the number 
 16.33  of licenses issued for the 2004 license year.  If more turtle 
 16.34  seller's license applications are received than licenses 
 16.35  available in any year, the commissioner must give preference for 
 16.36  licensing to persons licensed in the previous year. 
 17.1      Sec. 27.  Minnesota Statutes 2002, section 103F.225, 
 17.2   subdivision 5, is amended to read: 
 17.3      Subd. 5.  [EXPIRATION.] This section expires June 30, 2004 
 17.4   2008. 
 17.5      [EFFECTIVE DATE.] This section is effective June 30, 2004. 
 17.6      Sec. 28.  [103G.407] [WATER LEVEL CONTROLS FOR PUBLIC 
 17.8      (a) The commissioner, upon due consideration of 
 17.9   recommendations and objections as provided in paragraph (c), may 
 17.10  issue a public waters work permit to establish a control 
 17.11  elevation for a public water with an outlet that is different 
 17.12  than any previously existing or established control level when: 
 17.13     (1) all of the property abutting the ordinary high water 
 17.14  mark of the public water is in public ownership or the public 
 17.15  entity has obtained permanent flowage easements; and 
 17.16     (2) the commissioner finds that the proposed change in the 
 17.17  control level is in the public interest and causes minimal 
 17.18  adverse environmental impact.  
 17.19     (b) In addition to the requirements in section 103G.301, 
 17.20  subdivision 6, if the proposed control elevation differs from 
 17.21  any historical control level, the permit applicant shall serve a 
 17.22  copy of the application on each county and municipality within 
 17.23  which any portion of the lake is located and on the lake 
 17.24  improvement district, if one exists. 
 17.25     (c) A county, municipality, watershed district, or lake 
 17.26  improvement district required to be served under paragraph (b) 
 17.27  or section 103G.301, subdivision 6, may file a written 
 17.28  recommendation for the issuance of the permit or an objection to 
 17.29  the issuance of the permit with the commissioner within 30 days 
 17.30  after receiving a copy of the application. 
 17.31     Sec. 29.  Minnesota Statutes 2002, section 115.06, 
 17.32  subdivision 4, is amended to read: 
 17.33     Subd. 4.  [CITIZEN MONITORING OF WATER QUALITY.] (a) The 
 17.34  agency may must encourage citizen monitoring of ambient water 
 17.35  quality for public waters by: 
 17.36     (1) providing technical assistance to citizen and local 
 18.1   group water quality monitoring efforts; 
 18.2      (2) integrating citizen monitoring data into water quality 
 18.3   assessments and agency programs, provided that the data adheres 
 18.4   to agency quality assurance and quality control protocols; and 
 18.5      (3) seeking public and private funds to: 
 18.6      (i) collaboratively develop clear guidelines for water 
 18.7   quality monitoring procedures and data management practices for 
 18.8   specific data and information uses; 
 18.9      (ii) distribute the guidelines to citizens, local 
 18.10  governments, and other interested parties; 
 18.11     (iii) improve and expand water quality monitoring 
 18.12  activities carried out by the agency; and 
 18.13     (iv) continue to improve electronic and Web access to water 
 18.14  quality data and information about public waters that have been 
 18.15  either fully or partially assessed. 
 18.16     (b) This subdivision does not authorize a citizen to enter 
 18.17  onto private property for any purpose. 
 18.18     (c) By January 15 of each odd-numbered year, the 
 18.19  commissioner shall report to the senate and house of 
 18.20  representatives committees with jurisdiction over environmental 
 18.21  policy and finance on activities under this section. 
 18.22     (d) This subdivision shall sunset June 30, 2005 2009. 
 18.23     Sec. 30.  Minnesota Statutes 2002, section 115.55, 
 18.24  subdivision 9, is amended to read: 
 18.25     Subd. 9.  [WARRANTIED SYSTEMS.] (a) An individual sewage 
 18.26  treatment system may be installed provided that it meets all 
 18.27  local ordinance requirements and provided the requirements of 
 18.28  paragraphs (b) to (d) (e) are met. 
 18.29     (b) The manufacturer shall provide to the commissioner: 
 18.30     (1) documentation that the manufacturer's system was 
 18.31  designated by the agency as a warrantied system as of June 30, 
 18.32  2001, and or the system is a modified version of the system that 
 18.33  was designated as a warrantied system and meets the size 
 18.34  requirements or other requirements that were the basis for 
 18.35  the previous warrantied system classification; or 
 18.36     (2) documentation showing that a minimum of 50 of the 
 19.1   manufacturer's systems have been installed and operated and are 
 19.2   under normal use across all major soil classifications for a 
 19.3   minimum of three years;. 
 19.4      (3) (c) For each system that meets the requirements of 
 19.5   paragraph (b), clause (1) or (2), the manufacturer must provide 
 19.6   to the commissioner: 
 19.7      (1) documentation that the system manufacturer or designer 
 19.8   will provide full warranty effective for at least five years 
 19.9   from the time of installation, covering design, labor, and 
 19.10  material costs to remedy failure to meet performance 
 19.11  expectations for systems used and installed in accordance with 
 19.12  the manufacturer's or designer's instructions; and 
 19.13     (4) (2) a commonly accepted financial assurance document or 
 19.14  documentation of the manufacturer's or designer's financial 
 19.15  ability to cover potential replacement and upgrades necessitated 
 19.16  by failure of the system to meet the performance expectations 
 19.17  for the duration of the warranty period. 
 19.18     (c) (d) The manufacturer shall reimburse the agency an 
 19.19  amount of $1,000 for staff services needed to review the 
 19.20  information submitted pursuant to paragraph paragraphs (b) and 
 19.21  (c).  Reimbursements accepted by the agency shall be deposited 
 19.22  in the environmental fund and are appropriated to the agency for 
 19.23  the purpose of reviewing information submitted.  Reimbursement 
 19.24  by the manufacturer shall precede, not be contingent upon, and 
 19.25  shall not affect the agency's decision on whether the submittal 
 19.26  meets the requirements of paragraph paragraphs (b) and (c). 
 19.27     (d) (e) The manufacturer shall provide to the local unit of 
 19.28  government reasonable assurance of performance of the 
 19.29  manufacturer's system, engineering design of the manufacturer's 
 19.30  system, a monitoring plan that will be provided to system 
 19.31  owners, and a mitigation plan that will be provided to system 
 19.32  owners describing actions to be taken if the system fails. 
 19.33     (e) (f) The commissioner may prohibit an individual sewage 
 19.34  treatment system from qualifying for installation under this 
 19.35  subdivision upon a finding of fraud, system failure, failure to 
 19.36  meet warranty conditions, or failure to meet the requirements of 
 20.1   this subdivision or other matters that fail to meet with the 
 20.2   intent and purpose of this subdivision.  Prohibition of 
 20.3   installation of a system by the commissioner does not alter or 
 20.4   end warranty obligations for systems already installed. 
 20.5      (g) This subdivision expires June 30, 2006.  Expiration of 
 20.6   this subdivision does not alter or end warranty obligations for 
 20.7   systems installed under a previously approved warranty. 
 20.8      Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 20.9   115.551, is amended to read: 
 20.10     115.551 [TANK FEE.] 
 20.11     (a) An installer shall pay a fee of $25 for each septic 
 20.12  system tank installed in the previous calendar year.  The fees 
 20.13  required under this section must be paid to the commissioner by 
 20.14  January 30 of each year.  The revenue derived from the fee 
 20.15  imposed under this section shall be deposited in the 
 20.16  environmental fund and is exempt from section 16A.1285. 
 20.17     (b) Notwithstanding paragraph (a), for the purposes of 
 20.18  performance based individual sewage treatment systems, the tank 
 20.19  fee is limited to $25 per household system installation. 
 20.20     Sec. 32.  [115.59] [ADVANCED TREATMENT SYSTEMS.] 
 20.21     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 20.22  subdivision apply to sections 115.59 to 115.60. 
 20.23     (a) "Agency" means the Pollution Control Agency. 
 20.24     (b) "Biodigester and water reclamation systems" or "system" 
 20.25  means a residential wastewater treatment system that separately 
 20.26  collects and segregates greywater from blackwater to be 
 20.27  mechanically or biologically treated for reclamation and safe 
 20.28  consumptive use or discharge above or below the surface of the 
 20.29  ground. 
 20.30     (c) "Blackwater" means sewage from toilets, urinals, and 
 20.31  any drains equipped with garbage grinders. 
 20.32     (d) "Greywater" means sewage that does not contain toilet 
 20.33  wastes or waste from garbage grinders. 
 20.34     (e) "Sewage" means waste produced by toilets, bathing, 
 20.35  laundry, or culinary operations, or the floor drains associated 
 20.36  with these sources.  Household cleaners in sewage are restricted 
 21.1   to amounts normally used for domestic purposes. 
 21.3   REQUIREMENTS.] Biodigester and water reclamation systems must 
 21.4   meet the following requirements: 
 21.5      (1) all waste that includes any blackwater must be treated 
 21.6   as blackwater and must not be discharged for reuse; 
 21.7      (2) wastewater may only be treated as greywater when a 
 21.8   plumbing network separately collects and segregates greywater 
 21.9   from blackwater; 
 21.10     (3) the two waste streams of greywater and blackwater must 
 21.11  be treated to the following standards: 
 21.12     (i) for greywater reuse within the facility, the effluent 
 21.13  quality from the system must be within the health risk limits as 
 21.14  determined by Minnesota Rules, chapter 4717; 
 21.15     (ii) for greywater discharge outside the residence above 
 21.16  ground level, the effluent quality from the system shall meet or 
 21.17  exceed standards for the receiving water as set forth in 
 21.18  Minnesota Rules, chapter 7050; and 
 21.19     (iii) residuals from blackwater must be treated to levels 
 21.20  described in Code of Federal Regulations, title 40, part 503; 
 21.21     (3) residuals from blackwater treatment must be disposed of 
 21.22  in accordance with local and federal requirements and state 
 21.23  guidelines for septage; and 
 21.24     (4) toilets that do not contain a standard integral water 
 21.25  trap must have a water-sealed mechanical valve.  
 21.26     [EFFECTIVE DATE; EXPIRATION.] This section is effective the 
 21.27  day following final enactment and expires May 1, 2014. 
 21.28     Sec. 33.  [115.60] [PILOT PROGRAM FOR ALTERNATIVE SEPTIC 
 21.30     Subdivision 1.  [MANUFACTURER'S CERTIFICATION.] (a) Under 
 21.31  the authority of the Pollution Control Agency, with consultation 
 21.32  from the Department of Health, a manufacturer of new wastewater 
 21.33  treatment technologies must submit accredited third-party 
 21.34  testing documentation to the agency certifying that biodigester 
 21.35  and wastewater reclamation systems, as designed and installed, 
 21.36  will meet the applicable state standards for above or below 
 22.1   surface discharge or potable water.  
 22.2      (b) A manufacturer of biodigester and water reclamation 
 22.3   systems technology must provide training approved by the 
 22.4   commissioner of the agency to provide certification for persons 
 22.5   in the state to properly install, maintain, operate, and monitor 
 22.6   systems.  An entity that would provide monitoring, installation, 
 22.7   maintenance, or operational services must not be a part of 
 22.8   certifying system capacities for the commissioner. 
 22.9      (c) A manufacturer shall reimburse the agency an amount not 
 22.10  to exceed $4,000 for staff services needed to review the 
 22.11  information submitted pursuant to the certification request.  
 22.12  Reimbursements accepted by the agency must be deposited in the 
 22.13  environmental fund and are appropriated to the agency for the 
 22.14  purpose of reviewing information submitted.  The agency shall 
 22.15  reimburse the Department of Health for consultation related 
 22.16  costs.  
 22.18  PARTICIPATION.] (a) Only trained and certified persons may 
 22.19  install, operate, repair, maintain, and monitor a biodigester 
 22.20  and water reclamation system. 
 22.21     (b) Systems must be monitored by an entity other than the 
 22.22  owner.  
 22.23     (c) Annual monitoring and maintenance reports must be 
 22.24  submitted to the commissioners of health and the agency and the 
 22.25  local regulatory authority. 
 22.26     (d) Independent documentation of system performance must be 
 22.27  reported on a form provided by the agency. 
 22.28     Subd. 3.  [APPROVAL REQUIREMENTS.] (a) Permitting of 
 22.29  biodigester and water reclamation systems are subject to any 
 22.30  local government requirements for installation and use subject 
 22.31  to the commissioner's approval.  
 22.32     (b) Any subsurface discharge of treated effluent from any 
 22.33  system must be in accordance with environmental standards 
 22.34  contained in Minnesota Rules, part 7080.0179, and is regulated 
 22.35  under the requirements of sections 115.55 and 115.56. 
 22.36     (c) Any surface discharge of treated effluent from a system 
 23.1   must be in accordance with environmental standards contained in 
 23.2   Minnesota Rules, part 7080.0030, and be operated under a permit 
 23.3   issued by the agency.  The agency may issue either individual or 
 23.4   general permits to regulate the surface discharges from 
 23.5   biodigester and water reclamation systems. 
 23.6      (d) Any reuse of treated effluent from a system must be in 
 23.7   accordance with state standards established for potable well 
 23.8   water. 
 23.9      Subd. 4.  [EXEMPTION.] Biodigester and water reclamation 
 23.10  systems are exempt from all state and local requirements 
 23.11  pertaining to Minnesota Rules, chapter 4715, until May 1, 2014.  
 23.12     [EFFECTIVE DATE; EXPIRATION.] This section is effective the 
 23.13  day following final enactment and expires May 1, 2014. 
 23.14     Sec. 34.  Minnesota Statutes 2003 Supplement, section 
 23.15  115A.072, subdivision 1, is amended to read: 
 23.17  (a) The director shall provide for the development and 
 23.18  implementation of environmental education programs that are 
 23.19  designed to meet the goals listed in section 115A.073. 
 23.20     (b) The Environmental Education Advisory Board shall advise 
 23.21  the director in carrying out the director's responsibilities 
 23.22  under this section.  The board consists of 20 members as follows:
 23.23     (1) a representative of the Pollution Control Agency, 
 23.24  appointed by the commissioner of the agency; 
 23.25     (2) a representative of the Department of Education, 
 23.26  appointed by the commissioner of education; 
 23.27     (3) a representative of the Department of Agriculture, 
 23.28  appointed by the commissioner of agriculture; 
 23.29     (4) a representative of the Department of Health, appointed 
 23.30  by the commissioner of health; 
 23.31     (5) a representative of the Department of Natural 
 23.32  Resources, appointed by the commissioner of natural resources; 
 23.33     (6) a representative of the Board of Water and Soil 
 23.34  Resources, appointed by that board; 
 23.35     (7) a representative of the Environmental Quality Board, 
 23.36  appointed by that board; 
 24.1      (8) a representative of the Board of Teaching, appointed by 
 24.2   that board; 
 24.3      (9) a representative of the University of Minnesota 
 24.4   Extension Service, appointed by the director of the service; 
 24.5      (10) a citizen member from each congressional district, of 
 24.6   which two must be licensed teachers currently teaching in the 
 24.7   K-12 system, appointed by the director; and 
 24.8      (11) three at-large citizen members, appointed by the 
 24.9   director. 
 24.10  The citizen members shall serve two-year terms.  Compensation of 
 24.11  board members is governed by section 15.059, subdivision 6.  
 24.12  Notwithstanding section 15.059, subdivision 5, the board expires 
 24.13  on June 30, 2003 2007. 
 24.14     Sec. 35.  Minnesota Statutes 2002, section 115A.12, is 
 24.15  amended to read: 
 24.16     115A.12 [ADVISORY COUNCILS.] 
 24.17     (a) The director shall establish a Solid Waste Management 
 24.18  Advisory Council and a Prevention, Reduction, and Recycling 
 24.19  Advisory Council that are broadly representative of the 
 24.20  geographic areas and interests of the state.  
 24.21     (b) The solid waste council shall have not less than nine 
 24.22  nor more than 21 members.  The membership of the solid waste 
 24.23  council shall consist of one-third citizen representatives, 
 24.24  one-third representatives from local government units, and 
 24.25  one-third representatives from private solid waste management 
 24.26  firms.  The solid waste council shall contain at least three 
 24.27  members experienced in the private recycling industry and at 
 24.28  least one member experienced in each of the following areas:  
 24.29  state and municipal finance; solid waste collection, processing, 
 24.30  and disposal; and solid waste reduction and resource recovery. 
 24.31     (c) The Prevention, Reduction, and Recycling Advisory 
 24.32  Council shall have not less than nine nor more than 24 members.  
 24.33  The membership shall consist of one-third citizen 
 24.34  representatives, one-third representatives of government, and 
 24.35  one-third representatives of business and industry.  The 
 24.36  director may appoint nonvoting members from other environmental 
 25.1   and business assistance providers in the state. 
 25.2      (d) The chairs of the advisory councils shall be appointed 
 25.3   by the director.  The director shall provide administrative and 
 25.4   staff services for the advisory councils.  The advisory councils 
 25.5   shall have such duties as are assigned by law or the director.  
 25.6   The Solid Waste Advisory Council shall make recommendations to 
 25.7   the office on its solid waste management activities.  The 
 25.8   Prevention, Reduction, and Recycling Advisory Council shall make 
 25.9   recommendations to the office on policy, programs, and 
 25.10  legislation in pollution prevention, waste reduction, reuse and 
 25.11  recycling, resource conservation, and the management of 
 25.12  hazardous waste.  Members of the advisory councils shall serve 
 25.13  without compensation but shall be reimbursed for their 
 25.14  reasonable expenses as determined by the director.  
 25.15  Notwithstanding section 15.059, subdivision 5, the Solid Waste 
 25.16  Management Advisory Council and the Prevention, Reduction, and 
 25.17  Recycling Advisory Council expire June 30, 2003 2007. 
 25.18     Sec. 36.  Minnesota Statutes 2003 Supplement, section 
 25.19  115B.20, subdivision 2, is amended to read: 
 25.20     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money 
 25.21  appropriated from the remediation fund under section 116.155, 
 25.22  subdivision 2, paragraph (a), clause (1), may be spent only for 
 25.23  the following purposes:  
 25.24     (1) preparation by the agency and the commissioner of 
 25.25  agriculture for taking removal or remedial action under section 
 25.26  115B.17, or under chapter 18D, including investigation, 
 25.27  monitoring and testing activities, enforcement and compliance 
 25.28  efforts relating to the release of hazardous substances, 
 25.29  pollutants or contaminants under section 115B.17 or 115B.18, or 
 25.30  chapter 18D; 
 25.31     (2) removal and remedial actions taken or authorized by the 
 25.32  agency or the commissioner of the Pollution Control Agency under 
 25.33  section 115B.17, or taken or authorized by the commissioner of 
 25.34  agriculture under chapter 18D including related enforcement and 
 25.35  compliance efforts under section 115B.17 or 115B.18, or chapter 
 25.36  18D, and payment of the state share of the cost of remedial 
 26.1   action which may be carried out under a cooperative agreement 
 26.2   with the federal government pursuant to the federal Superfund 
 26.3   Act, under United States Code, title 42, section 9604(c)(3) for 
 26.4   actions related to facilities other than commercial hazardous 
 26.5   waste facilities located under the siting authority of chapter 
 26.6   115A; 
 26.7      (3) reimbursement to any private person for expenditures 
 26.8   made before July 1, 1983, to provide alternative water supplies 
 26.9   deemed necessary by the agency or the commissioner of 
 26.10  agriculture and the Department of Health to protect the public 
 26.11  health from contamination resulting from the release of a 
 26.12  hazardous substance; 
 26.13     (4) assessment and recovery of natural resource damages by 
 26.14  the agency and the commissioners commissioner of natural 
 26.15  resources and for administration, and planning, and 
 26.16  implementation by the commissioner of natural resources of the 
 26.17  rehabilitation, restoration, or acquisition of natural resources 
 26.18  to remedy injuries or losses to natural resources resulting from 
 26.19  the release of a hazardous substance; before implementing a 
 26.20  project to rehabilitate, restore, or acquire natural resources 
 26.21  under this clause, the commissioner of natural resources shall 
 26.22  provide written notice of the proposed project to the chairs of 
 26.23  the senate and house of representatives committees with 
 26.24  jurisdiction over environment and natural resources finance; 
 26.25     (5) acquisition of a property interest under section 
 26.26  115B.17, subdivision 15; 
 26.27     (6) reimbursement, in an amount to be determined by the 
 26.28  agency in each case, to a political subdivision that is not a 
 26.29  responsible person under section 115B.03, for reasonable and 
 26.30  necessary expenditures resulting from an emergency caused by a 
 26.31  release or threatened release of a hazardous substance, 
 26.32  pollutant, or contaminant; and 
 26.33     (7) reimbursement to a political subdivision for 
 26.34  expenditures in excess of the liability limit under section 
 26.35  115B.04, subdivision 4. 
 26.36     Sec. 37.  [116.185] [IMPAIRED WATERS PROGRAM; COORDINATION 
 27.2      In implementing an impaired waters program to meet the 
 27.3   requirements of the federal Clean Water Act, the Pollution 
 27.4   Control Agency and other public agencies shall take into 
 27.5   consideration the relevant provisions of local and other 
 27.6   applicable water management, conservation, land use, land 
 27.7   management, and development plans and programs.  Public agencies 
 27.8   with authority for local water management, conservation, land 
 27.9   use, land management, and development plans shall take into 
 27.10  consideration the manner in which their plans affect the 
 27.11  implementation of the impaired waters program.  Public agencies, 
 27.12  in consultation with the Pollution Control Agency, shall 
 27.13  identify opportunities to participate and assist in the 
 27.14  successful implementation of the impaired waters program, 
 27.15  including the funding or technical assistance needs, if any, 
 27.16  that would be necessary to take such actions.  In implementing 
 27.17  the impaired waters program, the Pollution Control Agency and 
 27.18  other public agencies shall endeavor to engage the cooperation 
 27.19  of all organizations and individuals whose activities affect the 
 27.20  quality of surface waters, including point and nonpoint sources 
 27.21  of pollution, and who have authority and responsibility for 
 27.22  water management, planning, and protection.  To the extent 
 27.23  practicable, the Pollution Control Agency and other public 
 27.24  agencies shall endeavor to enter into formal and informal 
 27.25  agreements and arrangements with federal agencies and 
 27.26  departments to jointly utilize staff and resources to deliver 
 27.27  programs or conduct activities to implement the impaired waters 
 27.28  program, including efforts under the federal Clean Water Act and 
 27.29  other federal farm and soil and water conservation programs. 
 27.30     For the purpose of this section, "public agencies" means 
 27.31  all state agencies, political subdivisions, and other public 
 27.32  organizations with authority, responsibility, or expertise in 
 27.33  protecting, restoring, or preserving the quality of surface 
 27.34  waters; managing or planning for surface waters and related 
 27.35  lands; or financing waters-related projects.  Public agencies 
 27.36  includes counties, cities, towns, joint powers organizations and 
 28.1   special purpose units of government, and the University of 
 28.2   Minnesota and other public educational institutions. 
 28.3      Sec. 38.  [116.186] [CLEAN WATERS COUNCIL.] 
 28.4      Subdivision 1.  [MEMBERSHIP; APPOINTMENT.] A Clean Waters 
 28.5   Council of 17 members is created on August 1, 2004, to assist 
 28.6   and advise in the implementation of the impaired waters 
 28.7   program.  The members of the council shall elect a chair from 
 28.8   the nonagency members of the council.  The commissioners of 
 28.9   natural resources, agriculture, and the Pollution Control Agency 
 28.10  and the executive director of the Board of Water and Soil 
 28.11  Resources, shall each appoint one person from their respective 
 28.12  agencies to serve as a member of the council.  The commissioner 
 28.13  of the Pollution Control Agency, in consultation with the other 
 28.14  state agencies represented on the council, shall appoint 13 
 28.15  additional nonagency members of the council as follows: 
 28.16     (1) two members representing statewide farm organizations; 
 28.17     (2) two members representing business organizations; 
 28.18     (3) two members representing environmental organizations; 
 28.19     (4) one member representing soil and water conservation 
 28.20  districts; 
 28.21     (5) one member representing watershed districts; 
 28.22     (6) one member representing organizations focused on 
 28.23  improvement of Minnesota lakes or streams; 
 28.24     (7) one member representing an organization of county 
 28.25  governments; 
 28.26     (8) two members representing organizations of city 
 28.27  governments; and 
 28.28     (9) one member representing the Metropolitan Council 
 28.29  established under section 473.123. 
 28.31  VACANCIES.] Terms, compensation, removal, and filling of 
 28.32  vacancies for the council are as provided in section 15.059, 
 28.33  subdivisions 2, 3, and 4. 
 28.34     Subd. 3.  [COUNCIL MEETINGS.] Meetings of the council and 
 28.35  other groups the council may establish must be conducted in 
 28.36  accordance with chapter 13D.  Except where prohibited by law, 
 29.1   the council shall establish additional processes to broaden 
 29.2   public involvement in all aspects of its deliberations. 
 29.3      Sec. 39.  Minnesota Statutes 2002, section 116.92, 
 29.4   subdivision 4, is amended to read: 
 29.6   MERCURY.] (a) When an item listed in subdivision 3 is removed 
 29.7   from service the mercury in the item must be reused, recycled, 
 29.8   or otherwise managed to ensure compliance with section 115A.932. 
 29.9      (b) A person who is in the business of replacing or 
 29.10  repairing an item listed in subdivision 3 in households shall 
 29.11  ensure, or deliver the item to a facility that will ensure, that 
 29.12  the mercury contained in an item that is replaced or repaired is 
 29.13  reused or recycled or otherwise managed in compliance with 
 29.14  section 115A.932. 
 29.15     (c) A person may not crush a motor vehicle unless the 
 29.16  person has first made a good faith effort to remove removed all 
 29.17  of the mercury switches in the motor vehicle. 
 29.18     (d) A first violation of paragraph (c) of this subdivision 
 29.19  is a petty misdemeanor.  A subsequent violation of paragraph (c) 
 29.20  by the same person is a misdemeanor. 
 29.21     Sec. 40.  Minnesota Statutes 2002, section 116P.12, 
 29.22  subdivision 1, is amended to read: 
 29.23     Subdivision 1.  [LOANS AUTHORIZED.] (a) If the principal of 
 29.24  the trust fund equals or exceeds $200,000,000, the commission 
 29.25  may vote to set aside up to five percent of the principal of the 
 29.26  trust fund for water system improvement loans.  The purpose of 
 29.27  water system improvement loans is to offer below market rate 
 29.28  interest loans to local units of government or individuals for 
 29.29  the purposes of water system improvements. 
 29.30     (b) The interest on a loan shall be calculated on the 
 29.31  declining balance at a rate four percentage points below the 
 29.32  secondary market yield of one-year United States treasury bills 
 29.33  calculated according to section 549.09, subdivision 1, paragraph 
 29.34  (c), or may be zero as determined by the commission.  
 29.35     (c) An eligible project must prove that existing federal or 
 29.36  state loans or grants have not been adequate.  
 30.1      (d) Payments on the principal and any interest of loans 
 30.2   under this section must be credited to the trust fund.  
 30.3      (e) Repayment of loans made under this section must be 
 30.4   completed within 20 years.  
 30.5      (f) The Minnesota Public Facilities Authority must report 
 30.6   to the commission each year on the loan program under this 
 30.7   section.  
 30.8      Sec. 41.  Minnesota Statutes 2002, section 116P.12, is 
 30.9   amended by adding a subdivision to read: 
 30.10     Subd. 3.  [DEFINITION.] For purposes of this section, 
 30.11  "water system improvement" means enhancement of existing water 
 30.12  system infrastructure to improve water quality, including but 
 30.13  not limited to water supply systems and individual sewage 
 30.14  treatment systems, and not including municipal water pollution 
 30.15  control systems. 
 30.16     Sec. 42.  Minnesota Statutes 2003 Supplement, section 
 30.17  473.845, subdivision 1, is amended to read: 
 30.18     Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
 30.19  contingency action trust account is an expendable trust account 
 30.20  in the remediation fund.  The account consists of revenue 
 30.21  deposited in the fund account under section 473.843, subdivision 
 30.22  2, clause (2); amounts recovered under subdivision 7; and 
 30.23  interest earned on investment of money in the fund account. 
 30.24     Sec. 43.  Laws 2003, chapter 128, article 1, section 10, is 
 30.25  amended to read: 
 30.26     Sec. 10.  [FUND TRANSFER.] 
 30.27     (a) By June 30, 2003, the commissioner of the pollution 
 30.28  control agency shall transfer $11,000,000 from the unreserved 
 30.29  balance of the solid waste fund to the commissioner of finance 
 30.30  for cancellation to the general fund. 
 30.31     (b) The commissioner of the pollution control agency shall 
 30.32  transfer $5,000,000 before July 30, 2003, and $5,000,000 before 
 30.33  July 30, 2004, from the unreserved balance of the environmental 
 30.34  fund to the commissioner of finance for cancellation to the 
 30.35  general fund. 
 30.36     (c) By June 30, 2005, the commissioner of the pollution 
 31.1   control agency shall transfer $1,370,000 from the environmental 
 31.2   fund to the commissioner of finance for cancellation to the 
 31.3   general fund. 
 31.4      (d) By June 30, 2007, the commissioner of the pollution 
 31.5   control agency shall transfer $1,370,000 from the environmental 
 31.6   fund to the commissioner of finance for cancellation to the 
 31.7   general fund. 
 31.8      (e) By June 30, 2004, the commissioner of the pollution 
 31.9   control agency shall transfer $9,905,000 from the metropolitan 
 31.10  landfill contingency action trust fund account to the 
 31.11  commissioner of finance for cancellation to the general fund.  
 31.12  This is a onetime transfer from the metropolitan landfill 
 31.13  contingency action trust fund account to the general fund.  It 
 31.14  is the intent of the legislature to restore these funds to the 
 31.15  metropolitan landfill contingency action trust fund account as 
 31.16  revenues become available in the future to ensure the state 
 31.17  meets future financial obligations under Minnesota Statutes, 
 31.18  section 473.845. 
 31.19     Sec. 44.  Laws 2003, chapter 128, article 1, section 167, 
 31.20  subdivision 1, is amended to read: 
 31.21     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
 31.22  By December 31, 2006, the commissioner of natural resources 
 31.23  shall complete a review of the forest classification status of 
 31.24  all state forests classified as managed or limited, all forest 
 31.25  lands under the authority of the commissioner as defined in 
 31.26  Minnesota Statutes, section 89.001, subdivision 13, and lands 
 31.27  managed by the commissioner under Minnesota Statutes, section 
 31.28  282.011.  The review must be conducted on a forest-by-forest and 
 31.29  area-by-area basis in accordance with the process and criteria 
 31.30  under Minnesota Rules, part 6100.1950.  After each forest is 
 31.31  reviewed, the commissioner must change its status to limited or 
 31.32  closed, and must provide a similar status for each of the other 
 31.33  areas subject to review under this section after each individual 
 31.34  review is completed.  
 31.35     (b) Each state forest deemed capable of sustaining 
 31.36  off-highway vehicle use may contain all-terrain vehicle, 
 32.1   off-highway motorcycle, and off-road vehicle trails.  
 32.2      (c) The off-road vehicle trails in state forests may 
 32.3   provide levels of difficulty, to include: 
 32.4      (1) easy riding trails requiring limited driver skill that 
 32.5   are passable with a stock vehicle, comprising ten percent of 
 32.6   total off-road vehicle trails; 
 32.7      (2) moderate riding trails requiring some driver skill and 
 32.8   machine modification, comprising 80 percent of total off-road 
 32.9   vehicle trails; and 
 32.10     (3) technical riding trails requiring a high degree of 
 32.11  driver skill and machine modifications, comprising ten percent 
 32.12  of total off-road vehicle trails. 
 32.13     (d) Definitions and specifications for the three categories 
 32.14  of trails in paragraph (c) may follow the United States Forest 
 32.15  Service Trails Management Handbook, FSH2309-18, Four Wheel 
 32.16  Driveway Guide, and subsequent updates. 
 32.17     (b) (e) If the commissioner determines on January 1, 2005, 
 32.18  that the review required under this section cannot be completed 
 32.19  by December 31, 2006, the completion date for the review shall 
 32.20  be extended to December 31, 2008.  By January 15, 2005, the 
 32.21  commissioner shall report to the chairs of the legislative 
 32.22  committees with jurisdiction over natural resources policy and 
 32.23  finance regarding the status of the process required by this 
 32.24  section.  
 32.25     (c) (f) Until December 31, 2010, the state forests and 
 32.26  areas subject to review under this section are exempt from 
 32.27  Minnesota Statutes, section 84.777, unless an individual forest 
 32.28  or area has been classified as limited or closed.  
 32.30     (a) The commissioner shall contract for and appoint a task 
 32.31  force to complete an independent comprehensive study of 
 32.32  snowmobile use and funding.  The task force shall include 
 32.33  representatives of: 
 32.34     (1) the Department of Natural Resources; 
 32.35     (2) the Department of Employment and Economic Development; 
 32.36     (3) the Minnesota Office of Tourism; 
 33.1      (4) the Minnesota United Snowmobilers Association; 
 33.2      (5) the Minnesota Snowmobile Advisory Council; and 
 33.3      (6) other stakeholders. 
 33.4      (b) The study shall examine the future fiscal management of 
 33.5   the snowmobile trails and enforcement account in the natural 
 33.6   resources fund, including use of the account for land access, 
 33.7   trail improvements, and trail development. 
 33.8      (c) The task force shall report the results of the study to 
 33.9   the legislature by January 10, 2005. 
 33.12     (a) The availability of the appropriations for the 
 33.13  following projects is extended to June 30, 2005, or for the 
 33.14  period of any federal money received for the project:  Laws 
 33.15  1999, chapter 231, section 16, subdivision 4, paragraph (b), as 
 33.16  extended by Laws 2001, First Special Session chapter 2, section 
 33.17  14, subdivision 18, paragraph (b), Mesabi trail land acquisition 
 33.18  and development-continuation; and Laws 2001, First Special 
 33.19  Session chapter 2, section 14, subdivision 5, paragraph (i), as 
 33.20  extended by Laws 2003, chapter 128, article 1, section 9, 
 33.21  subdivision 20, paragraph (a), Gateway Trail Bridge. 
 33.22     (b) The availability of the appropriation for the following 
 33.23  project is extended to June 30, 2006:  Laws 2003, chapter 128, 
 33.24  article 1, section 9, subdivision 11, paragraph (b), bucks and 
 33.25  buckthorn:  engaging young hunters in restoration. 
 33.26     (c) The availability of the appropriation for the following 
 33.27  project is extended to June 30, 2006:  Laws 2001, First Special 
 33.28  Session chapter 2, section 14, subdivision 4, paragraph (e), 
 33.29  restoring Minnesota's fish and wildlife habitat corridors, and 
 33.30  after June 30, 2004, the appropriation may be spent as provided 
 33.31  in Laws 2003, chapter 128, article 1, section 9, subdivision 5, 
 33.32  paragraph (a), restoring Minnesota's fish and wildlife habitat 
 33.33  corridors-phase II. 
 33.34     Sec. 47.  [LCMR PARKS STUDY.] 
 33.35     The Legislative Commission on Minnesota Resources shall 
 33.36  continue studying park issues, including looking at fairness for 
 34.1   funding of operation and maintenance costs for regional parks 
 34.2   within the seven-county metropolitan area and outside the 
 34.3   seven-county metropolitan area.  Recommendations may be made to 
 34.4   the 2005 legislature. 
 34.7      The Department of Natural Resources, in conjunction with 
 34.8   stakeholder groups, shall review the current programs for lake 
 34.9   management funded by various sources, including but not limited 
 34.10  to the water recreation account, and explore funding a grant 
 34.11  program from these monies for local governments and qualified 
 34.12  lake organizations.  The review must include types of chemical 
 34.13  or biological treatment in treating a lake's environment.  The 
 34.14  review is to be reported back to the house and senate 
 34.15  Environment and Natural Resources Policy and Finance Committees 
 34.16  by January 15, 2005. 
 34.17     Sec. 49.  [REPEALER.] 
 34.18     Minnesota Statutes 2002, section 115.55, subdivision 10, is 
 34.19  repealed. 
 34.20     Sec. 50.  [EFFECTIVE DATE.] 
 34.21     Except as otherwise specified, this act is effective the 
 34.22  day following final enactment.