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HF 2164

4th Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 11:56am

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

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Engrossments

Introduction Pdf Posted on 02/09/2012
1st Engrossment Pdf Posted on 03/12/2012
2nd Engrossment Pdf Posted on 03/30/2012
3rd Engrossment Pdf Posted on 04/05/2012
4th Engrossment Pdf Posted on 04/30/2012

Conference Committee Reports

LS87-CCR-HF2164 Pdf Posted on 04/26/2012

Current Version - 4th Engrossment

1.1A bill for an act
1.2relating to natural resources; providing for certain advisory inspections;
1.3providing for apprentice riders; modifying aquatic invasive species provisions;
1.4modifying local government trail authority; modifying enforcement provisions;
1.5providing for public grazing program; modifying prior appropriations; modifying
1.6and eliminating certain reporting, plan, and meeting requirements; eliminating
1.7loan program; modifying La Salle Lake State Recreation Area administration;
1.8modifying Water Law; modifying disposition of certain receipts; modifying local
1.9standard provisions for subsurface sewage treatment systems; modifying waste
1.10management provisions; modifying certain environmental review requirements;
1.11modifying certain environmental law; extending prohibition on new open air
1.12swine basins; authorizing and clarifying the use of general permits; modifying
1.13state park permit provisions; requiring reports and studies; providing civil
1.14penalties; authorizing rulemaking; appropriating money;amending Minnesota
1.15Statutes 2010, sections 84.0895, subdivision 7; 84.67; 84.91, subdivision 1;
1.1684D.05, subdivision 1; 85.018, subdivision 2; 85.052, subdivision 3; 85.053,
1.17subdivision 7; 85.20, subdivision 1; 85.46, subdivision 1; 86B.331, subdivision 1;
1.1893.2236; 97A.401, subdivision 1; 97A.421, subdivision 4a; 103A.43; 103B.101,
1.19subdivisions 2, 7, 10, by adding subdivisions; 103B.311, subdivision 4;
1.20103B.3363, by adding a subdivision; 103B.3369; 103B.355; 103F.211, by adding
1.21a subdivision; 103F.321, by adding a subdivision; 103G.2241, subdivisions 1, 9;
1.22103G.2242, subdivision 3; 103G.245, subdivisions 2, 3; 103G.261; 103G.265,
1.23by adding a subdivision; 103G.271, subdivision 1; 103G.282, subdivision
1.241; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision;
1.25103H.175, subdivision 3; 115.06, subdivision 4; 115.42; 115.55, subdivision 7;
1.26115A.15, subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557,
1.27subdivision 4; 115A.904; 115D.08; 116.011; 116.0714; 116.10; 116C.833,
1.28subdivision 2; 116D.04, by adding a subdivision; 116J.035, subdivision 8, as
1.29added; 216C.055; 216H.07, subdivision 3; 473.149, subdivisions 1, 6; 473.846;
1.30Minnesota Statutes 2011 Supplement, sections 84D.01, subdivision 15a; 84D.03,
1.31subdivision 3; 84D.09, subdivision 2; 84D.10, subdivisions 1, 4; 84D.105,
1.32subdivision 2; 84D.108, subdivision 1; 84D.13, subdivision 5; 97C.341;
1.33103G.222, subdivision 1; 103G.615, subdivisions 1, 2; 115A.1320, subdivision
1.341; 116D.04, subdivision 2a, as amended; Laws 2007, chapter 57, article 1, section
1.354, subdivision 2, as amended; Laws 2010, chapter 362, section 2, subdivision
1.367; Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision
1.373; proposing coding for new law in Minnesota Statutes, chapters 15; 84; 86B;
1.38103B; 103G; 115A; repealing Minnesota Statutes 2010, sections 84.946,
1.39subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.4742, subdivision 4;
2.1103G.705; 115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 216H.07,
2.2subdivision 4; Minnesota Statutes 2011 Supplement, sections 86B.508; 86B.811,
2.3subdivision 1a; Laws 2011, chapter 107, section 105; Minnesota Rules, parts
2.47002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts
2.51, 2, 3; 7041.0500, subparts 5, 6, 7.
2.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.7    Section 1. [15.985] ADVISORY INSPECTIONS.
2.8(a) Upon the voluntary request of a person to a state agency for an advisory
2.9inspection for the purpose of complying with state law, the agency must, except as
2.10provided in paragraphs (f) and (g), conduct an advisory inspection. An agency is not
2.11required to conduct an advisory inspection if the agency has a regularly scheduled
2.12inspection that would occur within 90 days after the request for the advisory inspection,
2.13or if before an advisory inspection is requested, the agency has notified the person that
2.14it will be conducting an inspection within 45 days. If an advisory inspection results in
2.15findings that potentially could make a person subject to a fine or other penalty imposed
2.16by the agency, the agency must notify the person in writing of those findings within ten
2.17days of the inspection.
2.18(1) Except as provided in clause (2), if within 60 days of receiving notice, the person
2.19notifies the agency that it has corrected the situation that made the person potentially
2.20subject to the fine or penalty, and the agency later determines that the situation is
2.21corrected, the agency may not impose a fine or penalty as a result of the findings in the
2.22advisory inspection.
2.23    (2) For violations of chapter 177, if the person notifies the agency within the time
2.24period for remedying violations required under the applicable section of chapter 177 that it
2.25has corrected the situation that made the person potentially subject to the fine or penalty,
2.26and the agency later determines that the situation is corrected, the agency may not impose
2.27a fine or penalty as a result of the finding in the advisory inspection.
2.28    (3) A person may not request more than one advisory inspection from the same
2.29agency in a calendar year. A person may not request an advisory inspection after an
2.30inspection resulting in a fine or other penalty has been determined and the violator notified
2.31of the amount to be paid, until fines or penalties have been paid or settled.
2.32(b) For purposes of this section:
2.33(1) "inspection" includes an examination of real or personal property or an audit or
2.34other examination of financial or other documents;
2.35(2) "penalty" includes a civil or administrative fine or other financial sanction;
2.36(3) "person" includes a real person and businesses, including corporations,
2.37partnerships, limited liability companies, and unincorporated associations; and
3.1(4) "state agency" means a department, agency, board, commission, constitutional
3.2office, or other group in the executive branch of state government.
3.3(c) If an agency revises, amends, extends, or adds additional violations to a notice,
3.4the person has 60 days from the date of those changes to correct the situation without fine
3.5or penalty. For violations of chapter 177, the person has the time period for remedying
3.6violations under the applicable section of chapter 177 to correct the situation without
3.7fine or penalty.
3.8    (d) An agency conducting an inspection under this section may impose and collect
3.9from the person requesting the inspection a fee equal to the costs incurred by the agency
3.10related to the inspection. Fees under this section shall be considered charges for goods
3.11and services provided for the direct and primary use of a private individual, business, or
3.12other entity under section 16A.1283, paragraph (b), clause (3). Fee revenue collected
3.13under this section must be deposited in an appropriate fund other than the general fund
3.14and is appropriated from that fund to the agency collecting the fee for the purpose of
3.15conducting inspections under this section.
3.16    (e) Nothing in this section shall prohibit or interfere with an agency offering similar
3.17programs that allow independent audits or inspections, including the environmental
3.18improvement program under chapter 114C. If a person conducts a self-audit under chapter
3.19114C, the terms and conditions of this section do not apply. For advisory inspections
3.20conducted by the Pollution Control Agency, terms and conditions of sections 114C.20 to
3.21144C.28 shall be used instead of those in paragraphs (a) to (c) and (g).
3.22(f) If agency staff resources are limited, an agency must give higher priority to
3.23the agency's regular inspections over advisory inspections under this section. Insofar as
3.24conducting advisory inspections reduces an agency's costs, the savings must be reflected
3.25in the charges for advisory inspections. Before hiring additional staff complement for
3.26purposes of this section, an agency must report to the chairs and ranking minority members
3.27of the legislative budget committees with jurisdiction over the agency documenting: (1)
3.28the demand for advisory inspections and why additional staff complement is needed to
3.29meet the demand; and (2) that the revenue generated by advisory inspections will cover the
3.30expenses of the additional staff complement. If a person requests an advisory inspection,
3.31but the agency does not have staff resources necessary to conduct the advisory inspection
3.32before a regular inspection is conducted, and the regular inspection results in findings that
3.33could make a person subject to a fine or penalty, the agency must take into account the
3.34person's request for an advisory inspection and the person's desire to take corrective action
3.35before taking any enforcement action against the person.
3.36(g) This section does not apply to:
4.1(1) criminal penalties;
4.2(2) situations in which implementation of this section is prohibited by federal
4.3law or would result in loss of federal funding or in other federal sanctions or in which
4.4implementation would interfere with multistate agreements, international agreements, or
4.5agreements between state and federal regulatory agencies;
4.6(3) conduct constituting fraud;
4.7(4) violations in a manner that endangers human life or presents significant risk of
4.8major injury or severe emotional harm to humans;
4.9(5) violations that are part of a pattern that has occurred repeatedly and shows
4.10willful intent;
4.11(6) violations for which it may be demonstrated that the alternative inspections
4.12process is being used to avoid enforcement;
4.13(7) violations that occur within three years of violating an applicable law;
4.14(8) the Department of Revenue;
4.15(9) the Workers' Compensation Division at the Department of Labor and Industry;
4.16(10) violations of vehicle size weight limits under sections 169.80 to 169.88;
4.17(11) commercial motor vehicle inspections under section 169.781 and motor carrier
4.18regulations under chapter 221;
4.19(12) the Dairy and Food Inspection Division of the Department of Agriculture, if the
4.20division provides free inspections similar to those under this section;
4.21(13) state inspections or surveys of hospitals, nursing homes, outpatient surgical
4.22centers, supervised living facilities, board and lodging with special services, home care,
4.23housing with services and assisted living settings, hospice, and supplemental nursing
4.24services agencies;
4.25(14) examinations of health maintenance organizations or county-based purchasing
4.26entities regulated under chapter 62D;
4.27(15) special transportation services under section 174.30; and
4.28(16) entities regulated by the Department of Commerce's Financial Institutions and
4.29Insurance Divisions for purposes of regulatory requirements of those divisions.
4.30If an agency determines that this section does not apply due to situations specified in
4.31clause (2), the agency must report the basis for that determination to the chairs and ranking
4.32minority members of the legislative committees with jurisdiction over the agency.
4.33(h) An agency may terminate an advisory inspection and proceed as if an inspection
4.34were a regular inspection if, in the process of conducting an advisory inspection, the
4.35agency finds a situation that the agency determines: could lead to criminal penalties;
4.36endangers human life or presents significant risk of major injury or severe emotional
5.1harm to humans; presents a severe and imminent threat to animals, food, feed, crops,
5.2commodities, or the environment; or evidences a pattern of willful violations.
5.3EFFECTIVE DATE.This section is effective July 1, 2012.

5.4    Sec. 2. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
5.5    Subd. 7. General exceptions. (a) The commissioner may issue permits and
5.6prescribe conditions for an act otherwise prohibited by subdivision 1 if:
5.7(1) the act is for the purpose of zoological, educational, or scientific study;
5.8(2) the act enhances the propagation or survival of the affected species;
5.9(3) the act prevents injury to persons or property; or
5.10(4) the social and economic benefits of the act outweigh the harm caused by it.
5.11(b) The commissioner may issue a general permit to a governmental subdivision or
5.12to the general public to conduct one or more acts described in paragraph (a).
5.13(c) A member of an endangered species may not be destroyed under paragraph (a),
5.14clause (3) or (4), until all alternatives, including live trapping and transplantation, have
5.15been evaluated and rejected. The commissioner may prescribe conditions to propagate
5.16a species or subspecies.
5.17(c) (d) A person may capture or destroy a member of an endangered species, without
5.18permit, to avoid an immediate and demonstrable threat to human life or property.
5.19(d) (e) The commissioner must give approval under this subdivision for forest
5.20management, including permit, sale, or lease of land for timber harvesting.

5.21    Sec. 3. Minnesota Statutes 2010, section 84.67, is amended to read:
5.2284.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
5.23    A forests for the future revolving account is created in the natural resources fund.
5.24Money in the account is appropriated to the commissioner of natural resources for the
5.25acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
5.26The commissioner shall sell the lands acquired under this section, subject to an easement
5.27as provided in section 84.66. Money received from the sale of forest lands acquired
5.28under this section and interest earned on the account shall be deposited into the account.
5.29The commissioner must file a report to the house of representatives Ways and Means
5.30and the senate Finance Committees and the environment and natural resources finance
5.31committees or divisions of the senate and house of representatives by October 1 of each
5.32year indicating all purchases of forest land using money from this account and sales of
5.33forest land for which revenue is deposited into this account.

6.1    Sec. 4. [84.76] APPRENTICE RIDER VALIDATION.
6.2    Subdivision 1. Definition. For the purpose of this section, "accompanied by" means
6.3within a distance of another person that permits uninterrupted visual contact and verbal
6.4communication.
6.5    Subd. 2. Apprentice rider requirements. Notwithstanding sections 84.793,
6.684.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a
6.7required safety certificate may participate in up to two trail-riding events sponsored by the
6.8commissioner in state parks, state trails, state recreation areas, and state forests that are
6.9designed to involve apprentice riders. The person must be accompanied by an adult with a
6.10valid safety certificate. All vehicles must be properly registered for use in Minnesota.

6.11    Sec. 5. Minnesota Statutes 2010, section 84.91, subdivision 1, is amended to read:
6.12    Subdivision 1. Acts prohibited. (a) No owner or other person having charge or
6.13control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
6.14the person knows or has reason to believe is under the influence of alcohol or a controlled
6.15substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
6.16this state or on the ice of any boundary water of this state.
6.17(b) No owner or other person having charge or control of any snowmobile or
6.18all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
6.19any physical or mental disability is incapable of operating the vehicle, to operate the
6.20snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
6.21water of this state.
6.22(c) A person who operates or is in physical control of a snowmobile or all-terrain
6.23vehicle anywhere in this state or on the ice of any boundary water of this state is subject
6.24to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person
6.25who is convicted of violating section 169A.20 or an ordinance in conformity with it
6.26while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a
6.27lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance
6.28in conformity with it, shall be prohibited from operating the a snowmobile or all-terrain
6.29vehicle for a period of one year. The commissioner shall notify the person of the time
6.30period during which the person is prohibited from operating a snowmobile or all-terrain
6.31vehicle.
6.32(d) Administrative and judicial review of the operating privileges prohibition is
6.33governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
6.34impaired driving conviction or prior license revocation, as defined in section 169A.03.
7.1Otherwise, administrative and judicial review of the prohibition is governed by section
7.2169A.53 .
7.3(e) The court shall promptly forward to the commissioner and the Department of
7.4Public Safety copies of all convictions and criminal and civil sanctions imposed under this
7.5section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
7.6(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
7.7either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
7.8all-terrain vehicle during the time period the person is prohibited from operating a vehicle
7.9under paragraph (c) is guilty of a misdemeanor.

7.10    Sec. 6. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
7.11The commissioner of natural resources shall establish a prairie and grasslands public
7.12grazing program. The commissioner shall enter into cooperative farming agreements
7.13or lease agreements with livestock owners to annually graze prairie and grasslands
7.14administered by the commissioner where grazing will enhance wildlife habitat. The
7.15commissioner shall maintain a list of lands grazed under the program describing the
7.16location, acreage, and years grazed. The program shall have a goal of being financially
7.17self-sufficient. Unless otherwise provided by law, revenues received under this section
7.18shall be deposited in the game and fish fund and are appropriated to the commissioner for
7.19purposes of the program.

7.20    Sec. 7. Minnesota Statutes 2011 Supplement, section 84D.01, subdivision 15a, is
7.21amended to read:
7.22    Subd. 15a. Service provider. "Service provider" means an individual who or entity
7.23that installs or removes water-related equipment or structures from waters of the state
7.24for hire or as a service provided as a benefit of membership in a yacht club, boat club,
7.25marina, or similar organization. Service provider does not include a person working
7.26under the supervision of an individual with a valid service provider permit issued under
7.27section 84D.108.

7.28    Sec. 8. Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is
7.29amended to read:
7.30    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
7.31waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
7.32(b) and section 97C.341.
8.1    (b) In waters that are designated as infested waters, except those designated because
8.2they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
8.3under section 17.4982, subdivision 6, taking wild animals may be permitted for:
8.4    (1) commercial taking of wild animals for bait and aquatic farm purposes according
8.5to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
8.6    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
8.7water milfoil, when the infested waters are designated solely because they contain
8.8Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
8.9traps not exceeding 16 inches in diameter and 32 inches in length; and
8.10(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
8.11suckers for bait from streams or rivers designated as infested waters, by hook and line for
8.12noncommercial personal use. Other provisions that apply to this clause are:
8.13(i) fish taken under this clause must be used on the same body of water where caught
8.14and while still on that water body;
8.15(ii) fish taken under this clause may not be transported live from or off the water
8.16body;
8.17(iii) fish harvested under this clause may only be used in accordance with this section;
8.18(iv) any other use of wild animals used for bait from infested waters is prohibited;
8.19(v) fish taken under this clause must meet all other size restrictions and requirements
8.20as established in rules; and
8.21(vi) all species listed under this clause shall be included in the person's daily limit as
8.22established in rules, if applicable.
8.23    (c) Equipment authorized for minnow harvest in a designated infested water by
8.24permit issued under paragraph (b) may not be transported to, or used in, any waters other
8.25than waters specified in the permit.

8.26    Sec. 9. Minnesota Statutes 2010, section 84D.05, subdivision 1, is amended to read:
8.27    Subdivision 1. Prohibited activities. A person may not possess, import, purchase,
8.28sell, propagate, transport, or introduce a prohibited invasive species, except:
8.29(1) under a permit issued by the commissioner under section 84D.11;
8.30(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
8.31(3) under a restricted species permit issued under section 17.457;
8.32(4) when being transported to the department, or another destination as the
8.33commissioner may direct, in a sealed container for purposes of identifying the species
8.34or reporting the presence of the species;
9.1(5) when being transported for disposal as part of a harvest or control activity
9.2when specifically authorized under a permit issued by the commissioner according to
9.3section 103G.615, when being transported for disposal as specified under a commercial
9.4fishing license issued by the commissioner according to section 97A.418, 97C.801,
9.597C.811 , 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
9.6commissioner;
9.7(6) when the specimen has been lawfully acquired dead and, in the case of plant
9.8species, all seeds are removed or are otherwise secured in a sealed container;
9.9(7) in the form of herbaria or other preserved specimens;
9.10(8) when being removed from watercraft and equipment, or caught while angling,
9.11and immediately returned to the water from which they came; or
9.12(9) as the commissioner may otherwise prescribe by rule.

9.13    Sec. 10. Minnesota Statutes 2011 Supplement, section 84D.09, subdivision 2, is
9.14amended to read:
9.15    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
9.16aquatic macrophytes:
9.17    (1) that are duckweeds in the family Lemnaceae;
9.18    (2) for disposal as part of a harvest or control activity conducted when specifically
9.19authorized under an aquatic plant management permit pursuant to section 103G.615, under
9.20permit pursuant to section 84D.11, or as specified by the commissioner;
9.21    (3) for purposes of constructing shooting or observation blinds in amounts sufficient
9.22for that purpose, provided that the aquatic macrophytes are emergent and cut above the
9.23waterline;
9.24    (4) when legally purchased or traded by or from commercial or hobbyist sources for
9.25aquarium, wetland or lakeshore restoration, or ornamental purposes;
9.26    (5) when harvested for personal or commercial use if in a motor vehicle;
9.27    (6) to the department, or another destination as the commissioner may direct, in a
9.28sealed container for purposes of identifying a species or reporting the presence of a species;
9.29    (7) when transporting commercial aquatic plant harvesting or control equipment to a
9.30suitable location for purposes of cleaning any remaining aquatic macrophytes;
9.31    (8) that are wild rice harvested under section 84.091;
9.32    (9) in the form of fragments of emergent aquatic macrophytes incidentally
9.33transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
9.34season; or
10.1    (10) when removing water-related equipment from waters of the state for purposes
10.2of cleaning off aquatic macrophytes before leaving a water access site.

10.3    Sec. 11. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 1, is
10.4amended to read:
10.5    Subdivision 1. Launching prohibited. A person may not place or attempt to place
10.6into waters of the state a watercraft, a trailer, or water-related equipment, including aquatic
10.7plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or
10.8prohibited invasive species attached except as provided in this section.

10.9    Sec. 12. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 4, is
10.10amended to read:
10.11    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
10.12of the state a person must drain water-related equipment holding water and live wells and
10.13bilges by removing the drain plug before transporting the water-related equipment off
10.14the water access site or riparian property.
10.15    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
10.16from ballast tanks, bilges, and live wells must be removed or opened while transporting
10.17water-related equipment.
10.18    (c) Emergency response vehicles and equipment may be transported on a public road
10.19with the drain plug or other similar device replaced only after all water has been drained
10.20from the equipment upon leaving the water body.
10.21    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
10.22when fishing through the ice except on waters designated infested for viral hemorrhagic
10.23septicemia, and marine sanitary systems are exempt from this subdivision.
10.24    (e) A person must not dispose of bait in waters of the state.
10.25(f) A boat lift, dock, swim raft, or associated equipment that has been removed
10.26from any water body may not be placed in another water body until a minimum of 21
10.27days have passed.

10.28    Sec. 13. Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
10.29amended to read:
10.30    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
10.31individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
10.32species, and water. The commissioner may enter into a delegation agreement with a
10.33tribal or local government where inspection authority as provided under paragraphs (b),
11.1(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
11.2and administrative responsibilities for inspection programs on some or all public waters
11.3within their jurisdiction.
11.4(b) Inspectors may visually and tactilely inspect watercraft and water-related
11.5equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
11.6is present. If a person transporting watercraft or water-related equipment refuses to
11.7take required corrective actions or fails to comply with an order under section 84D.10,
11.8subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
11.9to a conservation officer or other licensed peace officer.
11.10(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
11.11may inspect any watercraft or water-related equipment that is stopped at a water access
11.12site, any other public location in the state, or a private location where the watercraft or
11.13water-related equipment is in plain view, if the officer determines there is reason to believe
11.14that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
11.15water-related equipment.
11.16(d) Conservation officers or other licensed peace officers may utilize check stations
11.17in locations, or in proximity to locations, where watercraft or other water-related
11.18equipment is placed into or removed from waters of the state. Any check stations shall be
11.19operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
11.20(e) Conservation officers or other licensed peace officers may order water-related
11.21equipment to be removed from a water body if the commissioner determines such action is
11.22needed to implement aquatic invasive species control measures.
11.23(f) The commissioner may require mandatory inspections of water-related equipment
11.24before a person places or removes water-related equipment into or out of a water body.
11.25Inspection stations may be located at or near public water accesses or in locations that
11.26allow for servicing multiple water bodies. The commissioner shall ensure that inspection
11.27stations:
11.28(1) have adequate staffing to minimize delays to vehicles and their occupants;
11.29(2) allow for reasonable travel times between public accesses and inspection stations
11.30if inspection is required before placing water-related equipment into a water body;
11.31(3) are located so as not to create traffic delays or public safety issues;
11.32(4) have decontamination equipment available to bring water-related equipment
11.33into compliance; and
11.34(5) do not reduce the capacity or hours of operation of public water accesses.
11.35(g) The commissioner may authorize tribal and local governments that enter into
11.36a delegation agreement with the commissioner to conduct mandatory inspections of
12.1water-related equipment at specified locations within a defined area before a person
12.2places or removes water-related equipment into or out of a water body. Tribal and local
12.3governments that are authorized to conduct inspections under this paragraph must:
12.4(1) assume all legal, financial, and administrative responsibilities for implementing
12.5the mandatory inspections, alone or in agreement with other tribal or local governments;
12.6(2) employ inspectors that have been trained and authorized by the commissioner;
12.7(3) conduct inspections and decontamination measures in accordance with guidelines
12.8approved by the commissioner;
12.9(4) have decontamination equipment available at inspection stations or identify
12.10alternative decontamination equipment locations within a reasonable distance of the
12.11inspection station that can bring water-related equipment into compliance;
12.12(5) provide for inspection station locations that do not create traffic delays or public
12.13safety issues; and
12.14(6) submit a plan approved by the commissioner according to paragraph (h).
12.15(h) Plans required under paragraph (g) must address:
12.16(1) no reduction in capacity or hours of operation of public accesses and fees that
12.17do not discourage or limit use;
12.18(2) reasonable travel times between public accesses and inspection stations;
12.19(3) adequate staffing to minimize wait times and provide adequate hours of operation
12.20at inspection stations and public accesses;
12.21(4) adequate enforcement capacity;
12.22(5) measures to address inspections of water-related equipment at public water
12.23accesses for commercial entities and private riparian land owners; and
12.24(6) other elements as required by the commissioner to ensure statewide consistency,
12.25appropriate inspection and decontamination protocols, and protection of the state's
12.26resources, public safety, and access to public waters.
12.27(i) A government unit authorized to conduct inspections under this subdivision must
12.28submit an annual report to the commissioner summarizing the results and issues related
12.29to implementing the inspection program.
12.30(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
12.31programs where authorized inspectors are placed directly at one or more water access
12.32sites, with no requirement for a person to travel from the water access for inspection
12.33or decontamination, and no local ordinance or other regulation requiring a mandatory
12.34inspection before placing watercraft or water-related equipment into a water body or after
12.35watercraft or water-related equipment are removed from a water body.

13.1    Sec. 14. Minnesota Statutes 2011 Supplement, section 84D.108, subdivision 1, is
13.2amended to read:
13.3    Subdivision 1. Service provider permit required. (a) Service providers must apply
13.4for and obtain a permit from the commissioner before providing any services described in
13.5section 84D.01, subdivision 15a.
13.6(b) Service providers must have a valid permit in possession while providing
13.7services described in section 84D.01, subdivision 15a.
13.8(c) Service providers must display the service provider permit decal issued with
13.9their permit. The decal must be completely affixed by its own adhesive on the inside of
13.10the extreme lower corner of the driver's windshield of the vehicle being operated while
13.11providing services described in section 84D.01, subdivision 15a.

13.12    Sec. 15. Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
13.13amended to read:
13.14    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
13.15the following penalty amounts:
13.16    (1) for transporting aquatic macrophytes in violation of section 84D.09, $50 $100;
13.17    (2) for placing or attempting to place into waters of the state water-related equipment
13.18that has aquatic macrophytes attached, $100 $200;
13.19    (3) for unlawfully possessing or transporting a prohibited invasive species other
13.20than an aquatic macrophyte, $250 $500;
13.21    (4) for placing or attempting to place into waters of the state water-related equipment
13.22that has prohibited invasive species attached when the waters are not designated by the
13.23commissioner as being infested with that invasive species, $500 for the first offense and
13.24$1,000 for each subsequent offense;
13.25    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
13.26prescribed by rule, Eurasian water milfoil, $100;
13.27    (6) for failing to have drain plugs or similar devices removed or opened while
13.28transporting water-related equipment or for failing to remove plugs, open valves, and
13.29drain water from water-related equipment, other than marine sanitary systems, before
13.30leaving waters of the state, $50 $100; and
13.31    (7) for transporting infested water off riparian property without a permit as required
13.32by rule, $200.
13.33(b) A civil citation that is issued to a person who has one or more prior convictions
13.34or final orders for violations of this chapter is subject to twice the penalty amounts listed
13.35in paragraph (a).

14.1    Sec. 16. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
14.2    Subd. 2. Authority of local government. (a) A local government unit that receives
14.3state grants-in-aid for any trail, with the concurrence of the commissioner, and the
14.4landowner or land lessee, may:
14.5(1) designate the trail for use by snowmobiles or for nonmotorized use from
14.6December 1 to April 1 of any year; and
14.7(2) issue any permit required under subdivisions 3 to 5.
14.8(b) A local government unit that receives state grants-in-aid under section 84.794,
14.9subdivision 2
, 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
14.10concurrence of the commissioner, and landowner or land lessee, may:
14.11(1) designate the trail specifically for use at various times of the year by all-terrain or
14.12off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
14.13snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
14.14use at the same time; and
14.15(2) issue any permit required under subdivisions 3 to 5.
14.16(c) A local unit of government that receives state grants-in-aid for any trail, with the
14.17concurrence of the commissioner and landowner or land lessee, may designate certain trails
14.18for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.

14.19    Sec. 17. Minnesota Statutes 2010, section 85.052, subdivision 3, is amended to read:
14.20    Subd. 3. Fee for certain parking and campsite use. (a) An individual using spaces
14.21in state parks under subdivision 1, clause (2), shall be charged daily rates determined and
14.22set by the commissioner in a manner and amount consistent with the type of facility
14.23provided for the accommodation of guests in a particular park and with similar facilities
14.24offered for tourist camping and similar use in the area.
14.25(b) The fee for special parking spurs, campgrounds for automobiles, sites for tent
14.26camping, and special auto trailer coach parking spaces is one-half of the fee set in
14.27paragraph (a) on Sunday through Thursday of each week for a physically disabled person:
14.28(1) with a motor vehicle that has disability plates issued under section 168.021,
14.29subdivision 1
; or
14.30(2) who possesses a certificate issued under section 169.345; or
14.31(3) who possesses an interagency access pass for state residents with permanent
14.32disabilities, issued by the federal government under the Federal Lands Recreation
14.33Enhancement Act.

14.34    Sec. 18. Minnesota Statutes 2010, section 85.053, subdivision 7, is amended to read:
15.1    Subd. 7. Disabled persons. (a) The commissioner shall prescribe and issue special
15.2state park permits for:
15.3(1) a physically disabled person with a motor vehicle (i) that has disability plates
15.4issued under section 168.021, subdivision 1, or (ii) who has a permanent disability
15.5certificate issued under section 169.345 and who can demonstrate proof of ownership of
15.6the vehicle for which the state park permit is being purchased or proof of a leasehold
15.7interest in the vehicle for a term at least as long as the term of the permit; and
15.8(2) a physically disabled person who: (i) does not own or operate a motor vehicle;
15.9(ii) possesses a statement certified under section 169.345, subdivision 2a; and (iii) applies
15.10to the commissioner in writing; and
15.11(3) a permanently disabled person who possesses an interagency access pass for
15.12people with permanent disabilities, issued by the federal government under the Federal
15.13Lands Recreation Enhancement Act.
15.14(b) Except For vehicles permitted under paragraph (a), clause (2) (1), the permit or
15.15the decal issued under this subdivision is valid only when displayed on a vehicle owned
15.16and occupied by the person to whom the permit is issued.

15.17    Sec. 19. Minnesota Statutes 2010, section 85.20, subdivision 1, is amended to read:
15.18    Subdivision 1. Violation of rules. (a) Any person who, within the limits of any state
15.19park, state monument, state recreation area, state wayside, or area of state land reserved
15.20from sale, as provided by Laws 1923, chapter 430 outdoor recreation unit established in
15.21chapter 86A, shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen,
15.22or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface,
15.23or mutilate any guideboard, guidepost, furniture, fixture, improvement, monument,
15.24tablet, or other property of the state of any kind, or who shall willfully violate, or fail
15.25to comply with, any rule of the commissioner adopted and promulgated in accordance
15.26with the provisions of Laws 1923, chapter 430, shall be according to section 86A.06, is
15.27guilty of a petty misdemeanor.
15.28(b) Violations under paragraph (a) adopted for wildlife management areas described
15.29in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law
15.30penalties defined in section 97A.301, subdivision 1, clause (6).
15.31(c) If a different penalty is provided in another section of law for the violation and
15.32the person is charged under that section of law, the penalty specified for the violation
15.33will control over the penalty specified in paragraphs (a) and (b). Violations relating to
15.34the taking of wild animals are subject to the penalties as specified in the game and fish
15.35laws described in section 97A.011.

16.1    Sec. 20. Minnesota Statutes 2010, section 85.46, subdivision 1, is amended to read:
16.2    Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while
16.3riding, leading, or driving a horse on lands administered by the commissioner, except
16.4forest roads and forest roads rights-of-way, a person 16 years of age or over shall carry in
16.5immediate possession a valid horse pass. The pass must be available for inspection by a
16.6peace officer, a conservation officer, or an employee designated under section 84.0835. A
16.7person who violates any provision of this subdivision is guilty of a petty misdemeanor.
16.8    (b) A valid horse pass is not required under this section for a person riding, leading,
16.9or driving a horse on property that is owned by the person or the person's spouse, child,
16.10parent, or guardian.

16.11    Sec. 21. [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
16.12    Subdivision 1. Establishment. The commissioner shall establish a statewide course
16.13in preventing the spread of aquatic invasive species. The commissioner must develop an
16.14educational course and testing program that address identification of aquatic invasive
16.15species and best practices to prevent the spread of aquatic invasive species when moving
16.16water-related equipment, as defined under section 84D.01, subdivision 18a.
16.17    Subd. 2. Aquatic invasive species trailer decal. The commissioner shall issue an
16.18aquatic invasive species trailer decal for each trailer owned by a person that satisfactorily
16.19completes the required course of instruction.
16.20    Subd. 3. Contracting for services. The commissioner may contract for services to
16.21provide training and testing services under this section.
16.22    Subd. 4. Aquatic invasive species trailer decal display required. (a) A person
16.23may not transport watercraft or water-related equipment, as defined under section 84D.01,
16.24subdivision 18a, with a trailer unless the person has an aquatic invasive species trailer
16.25decal issued under this section. Temporary authorizations valid for seven days can be
16.26requested by persons that have not completed the required course of instruction.
16.27(b) Aquatic invasive species trailer decals are valid for three years.
16.28(c) The aquatic invasive species trailer decal must be adhered to the side of the trailer
16.29frame tongue near the hitch in a manner that it is readily visible and does not interfere with
16.30the display of any registration requirements under section 169.79.
16.31(d) Aquatic invasive species trailer decals are not transferable.
16.32(e) Violation of this section shall not result in a penalty, but is punishable only
16.33by a warning.
16.34EFFECTIVE DATE.Subdivision 4 is effective July 1, 2015.

17.1    Sec. 22. Minnesota Statutes 2010, section 86B.331, subdivision 1, is amended to read:
17.2    Subdivision 1. Acts prohibited. (a) An owner or other person having charge or
17.3control of a motorboat may not authorize or allow an individual the person knows or has
17.4reason to believe is under the influence of alcohol or a controlled or other substance to
17.5operate the motorboat in operation on the waters of this state.
17.6(b) An owner or other person having charge or control of a motorboat may not
17.7knowingly authorize or allow a person, who by reason of a physical or mental disability
17.8is incapable of operating the motorboat, to operate the motorboat in operation on the
17.9waters of this state.
17.10(c) A person who operates or is in physical control of a motorboat on the waters
17.11of this state is subject to chapter 169A. In addition to the applicable sanctions under
17.12chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance
17.13in conformity with it while operating a motorboat, shall be prohibited from operating
17.14the a motorboat on the waters of this state for a period of 90 days between May 1 and
17.15October 31, extending over two consecutive years if necessary. If the person operating the
17.16motorboat refuses to comply with a lawful demand to submit to testing under sections
17.17169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited
17.18from operating the a motorboat for a period of one year. The commissioner shall notify
17.19the person of the period during which the person is prohibited from operating a motorboat.
17.20(d) Administrative and judicial review of the operating privileges prohibition is
17.21governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
17.22impaired driving conviction or prior license revocation, as defined in section 169A.03.
17.23Otherwise, administrative and judicial review of the prohibition is governed by section
17.24169A.53 .
17.25(e) The court shall promptly forward to the commissioner and the Department of
17.26Public Safety copies of all convictions and criminal and civil sanctions imposed under this
17.27section and chapters 169 and 169A relating to motorboats.
17.28(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
17.29either of them, is guilty of a misdemeanor.
17.30(g) For purposes of this subdivision, a motorboat "in operation" does not include a
17.31motorboat that is anchored, beached, or securely fastened to a dock or other permanent
17.32mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

17.33    Sec. 23. Minnesota Statutes 2010, section 93.2236, is amended to read:
17.3493.2236 MINERALS MANAGEMENT ACCOUNT.
18.1(a) The minerals management account is created as an account in the natural
18.2resources fund. Interest earned on money in the account accrues to the account. Money in
18.3the account may be spent or distributed only as provided in paragraphs (b) and (c).
18.4(b) If the balance in the minerals management account exceeds $3,000,000 on June
18.530, the amount exceeding $3,000,000 must be distributed to the permanent school fund
18.6and, the permanent university fund, and taxing districts as provided in section 93.22,
18.7subdivision 1, paragraph (c). The amount distributed to each fund must be in the same
18.8proportion as the total mineral lease revenue received in the previous biennium from school
18.9trust lands and, university lands, and lands held by the state in trust for taxing districts.
18.10(c) Subject to appropriation by the legislature, money in the minerals management
18.11account may be spent by the commissioner of natural resources for mineral resource
18.12management and projects to enhance future mineral income and promote new mineral
18.13resource opportunities.

18.14    Sec. 24. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
18.15    Subdivision 1. Commissioner's authority. The commissioner may issue special
18.16permits for the activities in this section. A special permit may be issued in the form of a
18.17general permit to a governmental subdivision or to the general public to conduct one or
18.18more activities under subdivisions 2 to 7.

18.19    Sec. 25. Minnesota Statutes 2010, section 97A.421, subdivision 4a, is amended to read:
18.20    Subd. 4a. Suspension for failure to appear in court or pay a fine or surcharge.
18.21When a court reports to the commissioner that a person: (1) has failed to appear in court
18.22under the summons issued in response to a notice to appear or fails to comply with other
18.23orders of the court regarding the appearance or proceedings for a violation of the game
18.24and fish laws; or (2) has been convicted of violating a provision of the game and fish
18.25laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
18.26and refused or failed to comply with that sentence or to pay the fine or surcharge, the
18.27commissioner shall suspend the game and fish license and permit privileges of the person
18.28until notified by the court that the person has appeared in court under clause (1) or that any
18.29fine or surcharge due the court has been paid under clause (2).

18.30    Sec. 26. Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:
18.3197C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
18.32(a) A person may not use live minnows imported from outside of the state, game
18.33fish, goldfish, or carp for bait. The commissioner may, by written order published in
19.1the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
19.2their use. The order is exempt from the rulemaking provisions of chapter 14 and section
19.314.386 does not apply.
19.4(b) A person may not import or possess live, frozen, or processed bait from known
19.5waters where viral hemorrhagic septicemia has been identified as being present,: (1)
19.6unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
19.7prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
19.8(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
19.9invertebrates, and insects used for taking wild animals in waters of the state.
19.10    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
19.11be used as:
19.12    (1) fresh or frozen bait only on Lake Superior; or
19.13    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
19.14manner prescribed by rules adopted by the commissioner.
19.15(d) To ensure that frozen or dead fish being brought into the state are not in violation
19.16of paragraph (b), the following paperwork must accompany the shipment. Documents
19.17must be open for inspection by the commissioner at any reasonable time. All documents
19.18must be available to purchasers of these bait items. Each container or package of frozen or
19.19dead fish must have the following information:
19.20(1) water body source;
19.21(2) lot number;
19.22(3) company contact including name, phone, and address;
19.23(4) date of packaging and labeling; and
19.24(5) valid negative fish health certification from the source water body.

19.25    Sec. 27. Minnesota Statutes 2010, section 103A.43, is amended to read:
19.26103A.43 WATER ASSESSMENTS AND REPORTS.
19.27    (a) The Environmental Quality Board shall consolidate the assessments required
19.28in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single
19.29report to the house of representatives and senate committees with jurisdiction over the
19.30environment, natural resources, and agriculture and the Legislative-Citizen Commission
19.31on Minnesota Resources by September 15, 2010, and every five years thereafter.
19.32    (b) The Pollution Control Agency and the Department of Agriculture shall provide a
19.33biennial an assessment and analysis of water quality, groundwater degradation trends, and
19.34efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment
19.35and analysis must include an analysis of relevant monitoring data.
20.1    (c) The Department of Natural Resources shall provide an assessment and analysis
20.2of the quantity of surface and ground water in the state and the availability of water to
20.3meet the state's needs.

20.4    Sec. 28. Minnesota Statutes 2010, section 103B.101, subdivision 2, is amended to read:
20.5    Subd. 2. Voting members. (a) The members are:
20.6(1) three county commissioners;
20.7(2) three soil and water conservation district supervisors;
20.8(3) three watershed district or watershed management organization representatives;
20.9(4) three citizens who are not employed by, or the appointed or elected officials of, a
20.10state governmental office, board, or agency;
20.11(5) one township officer;
20.12(6) two elected city officials, one of whom must be from a city located in the
20.13metropolitan area, as defined under section 473.121, subdivision 2;
20.14(7) the commissioner of agriculture;
20.15(8) the commissioner of health;
20.16(9) the commissioner of natural resources;
20.17(10) the commissioner of the Pollution Control Agency; and
20.18(11) the director of the University of Minnesota Extension Service.
20.19(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
20.20with at least four members but not more than six members from the metropolitan area,
20.21as defined by section 473.121, subdivision 2; and one from each of the current soil and
20.22water conservation administrative regions.
20.23(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor.
20.24In making the appointments, the governor may consider persons recommended by
20.25the Association of Minnesota Counties, the Minnesota Association of Townships, the
20.26League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation
20.27Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
20.28association must contain at least three nominees for each position to be filled.
20.29(d) The membership terms, compensation, removal of members and filling of
20.30vacancies on the board for members in paragraph (a), clauses (1) to (6), are as provided
20.31in section 15.0575.

20.32    Sec. 29. Minnesota Statutes 2010, section 103B.101, subdivision 7, is amended to read:
20.33    Subd. 7. Hearings, orders, and rulemaking. The board may hold public hearings
20.34and adopt rules and orders necessary to execute its duties.

21.1    Sec. 30. Minnesota Statutes 2010, section 103B.101, is amended by adding a
21.2subdivision to read:
21.3    Subd. 8a. Bylaws and conflict of interest. The board shall adopt bylaws that
21.4include provisions to prevent or address conflict of interest.

21.5    Sec. 31. Minnesota Statutes 2010, section 103B.101, subdivision 10, is amended to
21.6read:
21.7    Subd. 10. Committee for dispute resolution. A committee of the board is
21.8established to hear and resolve disputes, appeals, and interventions under sections
21.9103A.301 to 103A.341; 103B.101; 103B.231; 103B.345; 103D.535; 103D.537; and
21.10103G.2242, subdivision 9 . The committee consists of two of the three citizen members;
21.11one county commissioner member; one soil and water conservation district supervisor
21.12member; and one watershed district or watershed management organization representative
21.13member. The committee is appointed by the board chair. The board shall adopt bylaws
21.14governing committee membership and duties.

21.15    Sec. 32. Minnesota Statutes 2010, section 103B.101, is amended by adding a
21.16subdivision to read:
21.17    Subd. 14. Local water management coordination. (a) The board may adopt
21.18resolutions, policies, or orders that allow a comprehensive plan, local water management
21.19plan, or watershed management plan, developed or amended, approved and adopted,
21.20according to chapter 103B, 103C, or 103D to serve as substitutes for one another or be
21.21replaced with a comprehensive watershed management plan. The board may also develop
21.22criteria for incorporating or coordinating the elements of metropolitan county groundwater
21.23plans in accordance with section 103B.255. The board shall, to the extent practicable,
21.24incorporate a watershed approach when adopting the resolutions, policies, or orders, and
21.25shall establish a suggested watershed boundary framework for development, approval,
21.26adoption, and coordination of plans.
21.27(b) The board shall work with local government stakeholders and others to foster
21.28mutual understanding and develop recommendations for local water management and
21.29related state water management policy and programs. The board may convene informal
21.30working groups or work teams to develop information, education, and recommendations.
21.31Local government units may develop and carry out TMDL implementation plans, or their
21.32equivalent, as provided in chapter 114D, as part of the local water management plans and
21.33responsibilities under chapters 103B, 103C, and 103D.

22.1    Sec. 33. Minnesota Statutes 2010, section 103B.101, is amended by adding a
22.2subdivision to read:
22.3    Subd. 15. Local water management boundary and plan determinations and
22.4appeals. (a) Local government units may either submit a request for a plan boundary
22.5determination as part of a plan approval request or apply separately for a plan boundary
22.6determination from the board before requesting plan approval. Local government units
22.7must provide written documentation of the rationale and justification for the proposed
22.8boundary. The board may request additional information needed to make a plan boundary
22.9determination.
22.10(b) Local government units may appeal a board decision to deny approval of a plan
22.11or the establishment of a plan boundary. An appeal of a board decision may be taken to the
22.12state Court of Appeals and must be considered an appeal from a contested case decision
22.13for purposes of judicial review under sections 14.63 to 14.69. Local government units
22.14may request the board's dispute resolution committee or executive director to hear and
22.15make recommendations to resolve boundary and plan implementation disputes.

22.16    Sec. 34. Minnesota Statutes 2010, section 103B.311, subdivision 4, is amended to read:
22.17    Subd. 4. Water plan requirements. (a) A local water management plan must:
22.18(1) cover the entire area within a county;
22.19(2) address water problems in the context of watershed units and groundwater
22.20systems;
22.21(3) be based upon principles of sound hydrologic management of water, effective
22.22environmental protection, and efficient management;
22.23(4) be consistent with local water management plans prepared by counties and
22.24watershed management organizations wholly or partially within a single watershed unit or
22.25groundwater system; and
22.26(5) the local water management plan must specify the period covered by the local
22.27water management plan and must extend at least five years but no more than ten years from
22.28the date the board approves the local water management plan. Local water management
22.29plans that contain revision dates inconsistent with this section must comply with that date,
22.30provided it is not more than ten years beyond the date of board approval. A two-year
22.31extension of the revision date of a local water management plan may be granted by the
22.32board, provided no projects are ordered or commenced during the period of the extension.
22.33(b) Existing water and related land resources plans, including plans related to
22.34agricultural land preservation programs developed pursuant to chapter 40A, must be
23.1fully utilized in preparing the local water management plan. Duplication of the existing
23.2plans is not required.

23.3    Sec. 35. Minnesota Statutes 2010, section 103B.3363, is amended by adding a
23.4subdivision to read:
23.5    Subd. 3a. Comprehensive watershed management plan. "Comprehensive
23.6watershed management plan" means a plan to manage the water and related natural
23.7resources of a watershed that consists of the plans listed in subdivision 3 or a separate
23.8plan that has been approved as a substitute by the board and adopted by local units
23.9of government for the same or additional purposes. The comprehensive watershed
23.10management plan shall be consistent with the goals of section 103A.212 and may address
23.11the goals in sections 103A.201 to 103A.211, and chapter 114D.

23.12    Sec. 36. [103B.3367] WATER PLAN EXTENSIONS.
23.13The board may grant extensions with or without conditions of the revision date of a
23.14comprehensive local water management plan or a comprehensive watershed management
23.15plan.

23.16    Sec. 37. Minnesota Statutes 2010, section 103B.3369, is amended to read:
23.17103B.3369 LOCAL WATER RESOURCES RESTORATION, PROTECTION,
23.18AND MANAGEMENT PROGRAM.
23.19    Subdivision 1. Assistance priorities. State agencies may give priority to local
23.20government unit requests that are part of or responsive to a comprehensive plan, local
23.21water management plan, watershed management plan, or comprehensive watershed
23.22management plan, developed or amended, approved and adopted, according to chapter
23.23103B, 103C, 103D, or 114D, when administering programs for water-related financial
23.24and technical assistance.
23.25    Subd. 2. Establishment. A local water resources restoration, protection, and
23.26management program is established. The board may provide financial assistance to local
23.27units of government for activities that restore, protect, or manage water and related land
23.28quality. The activities include planning, zoning, official controls, best management
23.29practices, capital projects, and other activities to implement a comprehensive plan, local
23.30water management plans plan, or watershed management plan, developed or amended,
23.31adopted and approved, according to chapter 103B, 103C, or 103D.
23.32    Subd. 4. Contracts. A local unit of government may contract to implement
23.33programs. An explanation of the program responsibilities proposed to be contracted must
24.1accompany grant requests. A local unit of government that contracts is responsible for
24.2ensuring that state funds are properly expended and for providing an annual report to the
24.3board describing expenditures of funds and program accomplishments.
24.4    Subd. 5. Financial assistance. A base grant may be awarded to a county that
24.5provides a match utilizing a water implementation tax or other local source. A water
24.6implementation tax that a county intends to use as a match to the base grant must be levied
24.7at a rate determined by the board. The minimum amount of the water implementation tax
24.8shall be a tax rate times the adjusted net tax capacity of the county for the preceding year.
24.9The rate shall be the rate, rounded to the nearest .001 of a percent, that, when applied
24.10to the adjusted net tax capacity for all counties, raises the amount of $1,500,000. The
24.11base grant will be in an amount equal to $37,500 less the amount raised by the local
24.12match. If the amount necessary to implement the local water plan for the county is less
24.13than $37,500, the amount of the base grant shall be the amount that, when added to the
24.14match amount, equals the amount required to implement the plan. For counties where
24.15the tax rate generates an amount equal to or greater than $18,750, the base grant shall
24.16be in an amount equal to $18,750. The board may award performance-based grants to
24.17local units of government that are responsible for implementing elements of applicable
24.18portions of watershed management plans, comprehensive plans, local water management
24.19plans, or comprehensive watershed management plans, developed or amended, adopted
24.20and approved, according to chapter 103B, 103C, or 103D. Upon request by a local
24.21government unit, the board may also award performance-based grants to local units of
24.22government to carry out TMDL implementation plans as provided in chapter 114D, if the
24.23TMDL implementation plan has been incorporated into the local water management plan
24.24according to the procedures for approving comprehensive plans, watershed management
24.25plans, local water management plans, or comprehensive watershed management plans
24.26under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone
24.27a public review process. Notwithstanding section 16A.41, the board may award
24.28performance-based grants on an advanced basis.
24.29    Subd. 6. Limitations Conditions. (a) Grants provided to implement programs
24.30under this section must be reviewed by the state agency having statutory program authority
24.31to assure compliance with minimum state standards. At the request of the state agency
24.32commissioner, the board shall revoke the portion of a grant used to support a program
24.33not in compliance.
24.34(b) Grants may be provided to develop or revise, amend, or implement local water
24.35management plans may not be awarded for a time longer than two years, comprehensive
25.1plans, watershed management plans, or comprehensive watershed management plans,
25.2approved and adopted, according to chapter 103B, 103C, 103D, or 114D.
25.3(c) A local unit of government may not request or be awarded grants for project
25.4implementation unless a comprehensive plan, local water management water plan has
25.5been adopted, watershed management plan, or comprehensive watershed management
25.6plan has been developed or amended, adopted and approved, according to chapter 103B,
25.7103C, or 103D.
25.8    Subd. 7. Performance criteria. The board shall develop and utilize
25.9performance-based criteria for local water resources restoration, protection, and
25.10management programs and projects. The criteria may include, but are not limited to,
25.11science-based assessments, organizational capacity, priority resource issues, community
25.12outreach and support, partnership potential, potential for multiple benefits, and program
25.13and project delivery efficiency and effectiveness.

25.14    Sec. 38. Minnesota Statutes 2010, section 103B.355, is amended to read:
25.15103B.355 APPLICATION.
25.16Sections 103B.301 to 103B.335 and 103B.341 to 103B.355 do not apply in areas
25.17subject to the requirements of sections 103B.201 to 103B.255 under section 103B.231,
25.18subdivision 1
, and in areas covered by an agreement under section 103B.231, subdivision
25.192
, except as otherwise provided in section 103B.311, subdivision 4, clause (4).

25.20    Sec. 39. Minnesota Statutes 2010, section 103F.211, is amended by adding a
25.21subdivision to read:
25.22    Subd. 4. Removal of logs; dead trees and branches. The removal of logs and dead
25.23trees and branches from the shoreland is exempt from any permit requirements, unless
25.24required by a local government unit. Before a person removes logs or dead trees and
25.25branches from publicly owned land or land owned by another, the person must obtain
25.26permission from the land owner or manager. Public entities are encouraged to allow for
25.27the removal of logs and dead trees and branches that present a safety hazard on land
25.28managed by the public entity.

25.29    Sec. 40. Minnesota Statutes 2010, section 103F.321, is amended by adding a
25.30subdivision to read:
25.31    Subd. 4. Removal of logs; dead trees and branches. The removal of logs and dead
25.32trees and branches from the shoreland is exempt from any permit requirements when
25.33the logs or dead trees and branches present safety hazards, unless required by a local
26.1government unit. Before a person removes logs or dead trees and branches from publicly
26.2owned land or land owned by another, the person must obtain permission from the land
26.3owner or manager. Public entities are encouraged to allow for the removal of logs and
26.4dead trees and branches that present a safety hazard on land managed by the public entity.

26.5    Sec. 41. Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
26.6is amended to read:
26.7    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
26.8partially, unless replaced by restoring or creating wetland areas of at least equal public
26.9value under a replacement plan approved as provided in section 103G.2242, a replacement
26.10plan under a local governmental unit's comprehensive wetland protection and management
26.11plan approved by the board under section 103G.2243, or, if a permit to mine is required
26.12under section 93.481, under a mining reclamation plan approved by the commissioner
26.13under the permit to mine. For project-specific wetland replacement completed prior to
26.14wetland impacts authorized or conducted under a permit to mine within the Great Lakes
26.15and Rainy River watershed basins, those basins shall be considered a single watershed
26.16for purposes of determining wetland replacement ratios. Mining reclamation plans shall
26.17apply the same principles and standards for replacing wetlands by restoration or creation
26.18of wetland areas that are applicable to mitigation plans approved as provided in section
26.19103G.2242 . Public value must be determined in accordance with section 103B.3355 or
26.20a comprehensive wetland protection and management plan established under section
26.21103G.2243 . Sections 103G.221 to 103G.2372 also apply to excavation in permanently
26.22and semipermanently flooded areas of types 3, 4, and 5 wetlands.
26.23    (b) Replacement must be guided by the following principles in descending order
26.24of priority:
26.25    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
26.26the wetland;
26.27    (2) minimizing the impact by limiting the degree or magnitude of the wetland
26.28activity and its implementation;
26.29    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
26.30wetland environment;
26.31    (4) reducing or eliminating the impact over time by preservation and maintenance
26.32operations during the life of the activity;
26.33    (5) compensating for the impact by restoring a wetland; and
26.34    (6) compensating for the impact by replacing or providing substitute wetland
26.35resources or environments.
27.1    For a project involving the draining or filling of wetlands in an amount not exceeding
27.210,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
27.3paragraph (a), the local government unit may make an on-site sequencing determination
27.4without a written alternatives analysis from the applicant.
27.5    (c) If a wetland is located in a cultivated field, then replacement must be
27.6accomplished through restoration only without regard to the priority order in paragraph
27.7(b), provided that a deed restriction is placed on the altered wetland prohibiting is not
27.8converted to a nonagricultural use for at least ten years.
27.9    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
27.10subdivision 2
, paragraphs paragraph (b) and or (e), the local government unit may require
27.11a deed restriction that prohibits nonagricultural use for at least ten years unless the drained
27.12wetland is replaced as provided under this section. The local government unit may require
27.13the deed restriction if it determines the wetland area drained is at risk of conversion to
27.14a nonagricultural use within ten years based on the zoning classification, proximity to a
27.15municipality or full service road, or other criteria as determined by the local government
27.16unit.
27.17    (e) Restoration and replacement of wetlands must be accomplished in accordance
27.18with the ecology of the landscape area affected and ponds that are created primarily to
27.19fulfill storm water management, and water quality treatment requirements may not be
27.20used to satisfy replacement requirements under this chapter unless the design includes
27.21pretreatment of runoff and the pond is functioning as a wetland.
27.22    (f) Except as provided in paragraph (g), for a wetland or public waters wetland
27.23located on nonagricultural land, replacement must be in the ratio of two acres of replaced
27.24wetland for each acre of drained or filled wetland.
27.25    (g) For a wetland or public waters wetland located on agricultural land or in a greater
27.26than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
27.27for each acre of drained or filled wetland.
27.28    (h) Wetlands that are restored or created as a result of an approved replacement plan
27.29are subject to the provisions of this section for any subsequent drainage or filling.
27.30    (i) Except in a greater than 80 percent area, only wetlands that have been restored
27.31from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
27.32wetlands created by dikes or dams along public or private drainage ditches, or wetlands
27.33created by dikes or dams associated with the restoration of previously drained or filled
27.34wetlands may be used in a statewide banking program established in rules adopted under
27.35section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
28.1occurring wetlands from one type to another are not eligible for enrollment in a statewide
28.2wetlands bank.
28.3    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
28.42
, shall ensure that sufficient time has occurred for the wetland to develop wetland
28.5characteristics of soils, vegetation, and hydrology before recommending that the wetland
28.6be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
28.7to believe that the wetland characteristics may change substantially, the panel shall
28.8postpone its recommendation until the wetland has stabilized.
28.9    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
28.10apply to the state and its departments and agencies.
28.11    (l) For projects involving draining or filling of wetlands associated with a new public
28.12transportation project, and for projects expanded solely for additional traffic capacity,
28.13public transportation authorities may purchase credits from the board at the cost to the
28.14board to establish credits. Proceeds from the sale of credits provided under this paragraph
28.15are appropriated to the board for the purposes of this paragraph. For the purposes of this
28.16paragraph, "transportation project" does not include an airport project.
28.17    (m) A replacement plan for wetlands is not required for individual projects that
28.18result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
28.19or replacement of a currently serviceable existing state, city, county, or town public road
28.20necessary, as determined by the public transportation authority, to meet state or federal
28.21design or safety standards or requirements, excluding new roads or roads expanded solely
28.22for additional traffic capacity lanes. This paragraph only applies to authorities for public
28.23transportation projects that:
28.24    (1) minimize the amount of wetland filling or draining associated with the project
28.25and consider mitigating important site-specific wetland functions on site;
28.26    (2) except as provided in clause (3), submit project-specific reports to the board, the
28.27Technical Evaluation Panel, the commissioner of natural resources, and members of the
28.28public requesting a copy at least 30 days prior to construction that indicate the location,
28.29amount, and type of wetlands to be filled or drained by the project or, alternatively,
28.30convene an annual meeting of the parties required to receive notice to review projects to
28.31be commenced during the upcoming year; and
28.32    (3) for minor and emergency maintenance work impacting less than 10,000 square
28.33feet, submit project-specific reports, within 30 days of commencing the activity, to the
28.34board that indicate the location, amount, and type of wetlands that have been filled
28.35or drained.
29.1    Those required to receive notice of public transportation projects may appeal
29.2minimization, delineation, and on-site mitigation decisions made by the public
29.3transportation authority to the board according to the provisions of section 103G.2242,
29.4subdivision 9
. The Technical Evaluation Panel shall review minimization and delineation
29.5decisions made by the public transportation authority and provide recommendations
29.6regarding on-site mitigation if requested to do so by the local government unit, a
29.7contiguous landowner, or a member of the Technical Evaluation Panel.
29.8    Except for state public transportation projects, for which the state Department of
29.9Transportation is responsible, the board must replace the wetlands, and wetland areas of
29.10public waters if authorized by the commissioner or a delegated authority, drained or filled
29.11by public transportation projects on existing roads.
29.12    Public transportation authorities at their discretion may deviate from federal and
29.13state design standards on existing road projects when practical and reasonable to avoid
29.14wetland filling or draining, provided that public safety is not unreasonably compromised.
29.15The local road authority and its officers and employees are exempt from liability for
29.16any tort claim for injury to persons or property arising from travel on the highway and
29.17related to the deviation from the design standards for construction or reconstruction under
29.18this paragraph. This paragraph does not preclude an action for damages arising from
29.19negligence in construction or maintenance on a highway.
29.20    (n) If a landowner seeks approval of a replacement plan after the proposed project
29.21has already affected the wetland, the local government unit may require the landowner to
29.22replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
29.23required.
29.24    (o) A local government unit may request the board to reclassify a county or
29.25watershed on the basis of its percentage of presettlement wetlands remaining. After
29.26receipt of satisfactory documentation from the local government, the board shall change
29.27the classification of a county or watershed. If requested by the local government unit,
29.28the board must assist in developing the documentation. Within 30 days of its action to
29.29approve a change of wetland classifications, the board shall publish a notice of the change
29.30in the Environmental Quality Board Monitor.
29.31    (p) One hundred citizens who reside within the jurisdiction of the local government
29.32unit may request the local government unit to reclassify a county or watershed on the basis
29.33of its percentage of presettlement wetlands remaining. In support of their petition, the
29.34citizens shall provide satisfactory documentation to the local government unit. The local
29.35government unit shall consider the petition and forward the request to the board under
29.36paragraph (o) or provide a reason why the petition is denied.

30.1    Sec. 42. Minnesota Statutes 2010, section 103G.2241, subdivision 1, is amended to
30.2read:
30.3    Subdivision 1. Agricultural activities. A replacement plan for wetlands is not
30.4required for:
30.5    (1) activities in a wetland that was planted with annually seeded crops, was in a crop
30.6rotation seeding of pasture grass or legumes, or was required to be set aside to receive
30.7price support or other payments under United States Code, title 7, sections 1421 to 1469,
30.8in six of the last ten years prior to January 1, 1991;
30.9    (2) activities in a type 1 wetland on agricultural pasture land that remains in the
30.10same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
30.11or type 6 wetland that is less than two acres in size and located on agricultural pasture
30.12land that remains in the same use;
30.13    (3) activities in a wetland conducted as part of normal farming practices. For
30.14purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
30.15and ranching activities such as plowing, seeding, cultivating, and harvesting for the
30.16production of feed, food, and fiber products, but does not include activities that result in
30.17the draining of wetlands;
30.18    (4) soil and water conservation practices approved by the soil and water conservation
30.19district, after review by the Technical Evaluation Panel;
30.20    (5) aquaculture activities including pond excavation and construction and
30.21maintenance of associated access roads and dikes authorized under, and conducted in
30.22accordance with, a permit issued by the United States Army Corps of Engineers under
30.23section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
30.24but not including construction or expansion of buildings;
30.25    (6) wild rice production activities, including necessary diking and other activities
30.26authorized under a permit issued by the United States Army Corps of Engineers under
30.27section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or
30.28    (7) agricultural activities on agricultural land that is subject to the swampbuster
30.29provisions of the federal farm program restrictions that meet minimum state standards
30.30under this chapter and sections 103A.202 and 103B.3355 and that have been approved
30.31by the Board of Water and Soil Resources, the commissioners of natural resources
30.32and agriculture, and the Pollution Control Agency consistent with a memorandum of
30.33understanding and related agreements between the board and the United States Department
30.34of Agriculture, Natural Resources Conservation Service.

31.1    Sec. 43. Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to
31.2read:
31.3    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c) (d), (e), (f),
31.4(g), (h), and (i), a replacement plan for wetlands is not required for draining or filling
31.5the following amounts of wetlands as part of a project outside of the shoreland wetland
31.6protection zone:
31.7    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
31.8tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
31.980 percent area;
31.10    (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
31.11tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
31.12area, except within the 11-county metropolitan area;
31.13    (3) 2,000 square feet of type 1, 2, or 6, or 7 wetland, outside of the shoreland wetland
31.14protection zone excluding white cedar and tamarack wetlands, in a less than 50 percent
31.15area, except within the 11-county metropolitan area; or
31.16    (4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland
31.17types not listed in clauses (1) to (3) outside of the building setback zone of the shoreland
31.18wetland protection zones in all counties;.
31.19(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
31.20for wetlands is not required for draining or filling the following amounts of wetlands
31.21as part of a project within the shoreland wetland protection zone beyond the shoreland
31.22building setback zone:
31.23    (5) (1) 400 square feet of type 1, 2, 6, or 7 wetland types listed in clauses (1) to
31.24(3), beyond the building setback zone, as defined in the local shoreland management
31.25ordinance, but within the shoreland wetland protection zone.; or
31.26(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
31.27In a greater than 80 percent area, the local government unit may increase the de
31.28minimis amount allowed under clause (1) may be increased up to 1,000 square feet if the
31.29wetland is isolated and is determined to have no direct surficial connection to the public
31.30water or if permanent water runoff retention or infiltration measures are established in
31.31proximity as approved by the shoreland management authority.
31.32(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
31.33for wetlands is not required for draining or filling up to 20 square feet of wetland as part
31.34of a project within the shoreland building setback zone, as defined in the local shoreland
31.35management ordinance. The amount in this paragraph may be increased to 100 square feet
32.1if permanent water runoff retention or infiltration measures are established in proximity as
32.2approved by the shoreland management authority.
32.3To the extent that a local shoreland management ordinance is more restrictive than
32.4this provision, the local shoreland ordinance applies;
32.5    (6) up to 20 square feet of wetland, regardless of type or location;
32.6(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement
32.7plan is not required for draining or filling amounts of wetlands as part of a project:
32.8    (7) (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
32.9tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
32.10area within the 11-county metropolitan area; or
32.11    (8) (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
32.12protection zone in a less than 50 percent area within the 11-county metropolitan area.
32.13    For purposes of this paragraph subdivision, the 11-county metropolitan area consists
32.14of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott,
32.15Sherburne, Washington, and Wright.
32.16    (b) (e) The amounts listed in paragraph paragraphs (a), clauses (1) to (8), (b), and (c)
32.17may not be combined on a project.
32.18    (c) (f) This exemption no longer applies to a landowner's portion of a wetland when
32.19the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
32.20the greatest of:
32.21    (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
32.22the entire wetland;
32.23    (2) five percent of the landowner's portion of the wetland; or
32.24    (3) 400 square feet.
32.25    (d) (g) This exemption may not be combined with another exemption in this section
32.26on a project.
32.27    (e) (h) Property may not be divided to increase the amounts listed in paragraph (a).
32.28(i) If a local ordinance or similar local control is more restrictive than this
32.29subdivision, the local standard applies.

32.30    Sec. 44. Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to
32.31read:
32.32    Subd. 3. Replacement completion. Replacement of wetland values must be
32.33completed prior to or concurrent with the actual draining or filling of a wetland, or unless
32.34an irrevocable bank letter of credit or other security acceptable to the local government
32.35unit must be or the board is given to the local government unit or the board to guarantee
33.1the successful completion of the replacement. The board may establish, sponsor, or
33.2administer a wetland banking program, which may include provisions allowing monetary
33.3payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
33.4that occur in greater than 80 percent areas, and for public road projects. The board shall
33.5coordinate the establishment and operation of a wetland bank with the United States
33.6Army Corps of Engineers, the Natural Resources Conservation Service of the United
33.7States Department of Agriculture, and the commissioners of natural resources, agriculture,
33.8and the Pollution Control Agency.

33.9    Sec. 45. [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
33.10WATER ACT.
33.11Notwithstanding any other law to the contrary, the Board of Water and Soil
33.12Resources, in consultation with the commissioners of natural resources, agriculture,
33.13and the Pollution Control Agency, may adopt or amend rules establishing a program
33.14for regulating the discharge of dredged and fill material into the waters of the state as
33.15necessary to obtain approval from the United States Environmental Protection Agency to
33.16administer, in whole or part, the permitting and wetland banking programs under section
33.17404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
33.18may not be more restrictive than the program under section 404 or state law.

33.19    Sec. 46. Minnesota Statutes 2010, section 103G.245, subdivision 2, is amended to read:
33.20    Subd. 2. Exceptions. A public waters work permit is not required for:
33.21(1) work in altered natural watercourses that are part of drainage systems established
33.22under chapter 103D or 103E if the work in the waters is undertaken according to chapter
33.23103D or 103E; or
33.24(2) a drainage project for a drainage system established under chapter 103E that does
33.25not substantially affect public waters.; or
33.26(3) removal of debris, including logs that are at or near the water surface, dead
33.27trees and branches, and trash, that does not alter the original alignment, slope, or cross
33.28section of the waters.

33.29    Sec. 47. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
33.30    Subd. 3. Permit application. Application for a public waters work permit must
33.31be in writing to the commissioner on forms prescribed by the commissioner. The
33.32commissioner may issue a state general permit to a governmental subdivision or to the
34.1general public for classes of activities having minimal impact upon public waters under
34.2which more than one project may be conducted under a single permit.

34.3    Sec. 48. Minnesota Statutes 2010, section 103G.261, is amended to read:
34.4103G.261 WATER ALLOCATION PRIORITIES.
34.5(a) The commissioner shall adopt rules for allocation of waters based on the
34.6following priorities for the consumptive appropriation and use of water:
34.7(1) first priority, domestic water supply, excluding industrial and commercial uses of
34.8municipal water supply, and use for power production that meets the contingency planning
34.9provisions of section 103G.285, subdivision 6;
34.10(2) second priority, a use of water that involves consumption of less than 10,000
34.11gallons of water per day;
34.12(3) third priority, agricultural irrigation, and processing of agricultural products
34.13involving consumption in excess of 10,000 gallons per day;
34.14(4) fourth priority, power production in excess of the use provided for in the
34.15contingency plan developed under section 103G.285, subdivision 6;
34.16(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
34.17products, and power production, involving consumption in excess of 10,000 gallons per
34.18day; and
34.19(6) sixth priority, nonessential uses.
34.20(b) For the purposes of this section, "consumption" means water withdrawn from a
34.21supply that is lost for immediate further use in the area.
34.22(c) Appropriation and use of surface water from streams during periods of flood
34.23flows and high water levels must be encouraged subject to consideration of the purposes
34.24for use, quantities to be used, and the number of persons appropriating water.
34.25(d) Appropriation and use of surface water from lakes of less than 500 acres in
34.26surface area must be discouraged.
34.27(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
34.28(f) Diversions of water from the state for use in other states or regions of the United
34.29States or Canada must be discouraged.
34.30EFFECTIVE DATE.This section is effective the day following final enactment.

34.31    Sec. 49. Minnesota Statutes 2010, section 103G.265, is amended by adding a
34.32subdivision to read:
35.1    Subd. 2a. Legislative approval for diversion. Legislative approval required in
35.2subdivision 2, clause (2), shall be based on the following considerations:
35.3(1) the requested diversion of waters of the state is reasonable;
35.4(2) the diversion is not contrary to the conservation and use of waters of the state; and
35.5(3) the diversion is not otherwise detrimental to the public welfare.
35.6EFFECTIVE DATE.This section is effective the day following final enactment.

35.7    Sec. 50. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
35.8    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
35.9a person, partnership, or association, private or public corporation, county, municipality,
35.10or other political subdivision of the state may not appropriate or use waters of the state
35.11without a water use permit from the commissioner.
35.12(b) This section does not apply to use for a water supply by less than 25 persons for
35.13domestic purposes.
35.14(c) The commissioner may issue a state general permit for appropriation of water
35.15to a governmental subdivision or to the general public for classes of activities that have
35.16minimal impact upon waters of the state. The general permit may authorize more than
35.17one project and the appropriation or use of more than one source of water. Water use
35.18permit processing fees and reports required under subdivision 6 and section 103G.281,
35.19subdivision 3
, are required for each project or water source that is included under a
35.20general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
35.21annually.

35.22    Sec. 51. Minnesota Statutes 2010, section 103G.282, subdivision 1, is amended to read:
35.23    Subdivision 1. Monitoring equipment. The commissioner may require the
35.24installation and maintenance of monitoring equipment to evaluate water resource impacts
35.25from permitted appropriations and proposed projects that require a permit. Monitoring for
35.26water resources that supply more than one appropriator must be designed to minimize
35.27costs to individual appropriators. The cost of drilling additional monitoring wells must
35.28be shared proportionally by all permit holders that are directly affecting a particular
35.29water resources feature.

35.30    Sec. 52. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
35.31    Subd. 2. Permit application and notification fees. (a) A permit application fee
35.32to defray the costs of receiving, recording, and processing the application must be paid
35.33for a permit application authorized under this chapter and, except for a general permit
36.1application, for each request to amend or transfer an existing permit, and for a notification
36.2to request authorization to conduct a project under a general permit. Fees established
36.3under this subdivision, unless specified in paragraph (c), shall be compliant with section
36.416A.1285 .
36.5    (b) Proposed projects that require water in excess of 100 million gallons per year
36.6must be assessed fees to recover the costs incurred to evaluate the project and the costs
36.7incurred for environmental review. Fees collected under this paragraph must be credited
36.8to an account in the natural resources fund and are appropriated to the commissioner.
36.9    (c) The fee to apply for a permit to appropriate water, in addition to any fee under
36.10paragraph (b);, and for a permit to construct or repair a dam that is subject to dam safety
36.11inspection; or a state general permit is $150. The application fee for a permit to work in
36.12public waters or to divert waters for mining must be at least $150, but not more than
36.13$1,000. The fee for a notification to request authorization to conduct a project under a
36.14general permit is $100.

36.15    Sec. 53. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
36.16    Subd. 4. Refund of fees prohibited. A permit application, general permit
36.17notification, or field inspection fee may not be refunded for any reason, even if the
36.18application or request is denied or withdrawn.

36.19    Sec. 54. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
36.20    Subd. 5. State and federal agencies exempt from fee. A permit application,
36.21general permit notification, or field inspection fee may not be imposed on any state agency,
36.22as defined in section 16B.01, or federal governmental agency applying for a permit.

36.23    Sec. 55. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
36.24read:
36.25    Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
36.26permit application, general permit notification, or field inspection fee charged to a town
36.27in connection with the construction or alteration of a town road, bridge, or culvert shall
36.28exceed $100.

36.29    Sec. 56. Minnesota Statutes 2010, section 103G.611, is amended by adding a
36.30subdivision to read:
36.31    Subd. 1a. General permits. The commissioner may issue a general permit to
36.32a governmental subdivision or to the general public to conduct one or more projects
37.1described in subdivision 1. A fee of $100 may be charged for each aeration system used
37.2under a general permit.

37.3    Sec. 57. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
37.4is amended to read:
37.5    Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
37.6permit to a governmental subdivision or to the general public to conduct one or more
37.7projects described in this subdivision. The commissioner may issue permits, with or
37.8without a fee, to:
37.9(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
37.10waters;
37.11(2) transplant aquatic plants into public waters;
37.12(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
37.13under prescribed conditions to protect the waters, desirable species of fish, vegetation,
37.14other forms of aquatic life, and the public.
37.15(b) Application for a permit and a notification to request authorization to conduct a
37.16project under a general permit must be accompanied by a permit fee, if required.
37.17(c) An aquatic plant management permit is valid for one growing season and expires
37.18on December 31 of the year it is issued unless the commissioner stipulates a different
37.19expiration date in rule or in the permit.
37.20(d) A general permit may authorize a project for more than one growing season.

37.21    Sec. 58. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
37.22is amended to read:
37.23    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
37.24control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
37.25section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
37.26days after it has been reported to the legislature. The fees shall not exceed $2,500 per
37.27permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
37.28the permit, and additional costs incurred after the application to inspect and monitor
37.29the activities authorized by the permit, and enforce aquatic plant management rules and
37.30permit requirements.
37.31    (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
37.32parcel of shoreline owned by an owner may be charged. This fee may not be charged for
37.33permits issued in connection with purple loosestrife control or lakewide Eurasian water
37.34milfoil control programs.
38.1    (c) A fee may not be charged to the state or a federal governmental agency applying
38.2for a permit.
38.3    (d) A fee for a permit for the control of rooted aquatic vegetation in a public
38.4water basin that is 20 acres or less in size shall be one-half of the fee established under
38.5paragraph (a).
38.6(e) The money received for the permits under this subdivision shall be deposited in
38.7the treasury and credited to the water recreation account.
38.8(f) The fee for processing a notification to request authorization for work under a
38.9general permit is $30, until the commissioner establishes a fee by rule as provided under
38.10this subdivision.

38.11    Sec. 59. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
38.12    Subd. 3. Report. In each even-numbered year Every five years, the Pollution
38.13Control Agency, in cooperation with other agencies participating in the monitoring of
38.14water resources, shall provide a draft report on the status of groundwater monitoring to
38.15the Environmental Quality Board for review and then to the house of representatives
38.16and senate committees with jurisdiction over the environment, natural resources, and
38.17agriculture as part of the report in section 103A.204.

38.18    Sec. 60. Minnesota Statutes 2010, section 115.06, subdivision 4, is amended to read:
38.19    Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
38.20citizen monitoring of ambient water quality for public waters by:
38.21(1) providing technical assistance to citizen and local group water quality monitoring
38.22efforts;
38.23(2) integrating citizen monitoring data into water quality assessments and agency
38.24programs, provided that the data adheres to agency quality assurance and quality control
38.25protocols; and
38.26(3) seeking public and private funds to:
38.27(i) collaboratively develop clear guidelines for water quality monitoring procedures
38.28and data management practices for specific data and information uses;
38.29(ii) distribute the guidelines to citizens, local governments, and other interested
38.30parties;
38.31(iii) improve and expand water quality monitoring activities carried out by the
38.32agency; and
38.33(iv) continue to improve electronic and Web access to water quality data and
38.34information about public waters that have been either fully or partially assessed.
39.1(b) This subdivision does not authorize a citizen to enter onto private property
39.2for any purpose.
39.3(c) By January 15 of each odd-numbered year, 2017, and every four years thereafter,
39.4the commissioner shall report to the senate and house of representatives committees with
39.5jurisdiction over environmental policy and finance on activities under this section.

39.6    Sec. 61. Minnesota Statutes 2010, section 115.42, is amended to read:
39.7115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
39.8It is the policy of the state to provide for the prevention, control, and abatement
39.9of pollution of all waters of the state, so far as feasible and practical, in furtherance
39.10of conservation of such waters and protection of the public health and in furtherance
39.11of the development of the economic welfare of the state. The agency shall prepare a
39.12long-range plan and program for the effectuation of said policy, and shall make a report of
39.13progress thereon to the legislature by November 15 of each even-numbered year, with
39.14recommendations for action in furtherance of such program during the ensuing biennium.
39.15It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from
39.16pollution by: (a) preventing any new pollution; and (b) abating pollution existing
39.17when sections 115.41 to 115.53 become effective, under a program consistent with the
39.18declaration of policy above stated.

39.19    Sec. 62. Minnesota Statutes 2010, section 115.55, subdivision 7, is amended to read:
39.20    Subd. 7. Local standards. (a) Existing systems. Counties may adopt by ordinance
39.21local standards that are less restrictive than the agency's rules in order to define an
39.22acceptable existing system. The local standards may include soil separation, soil
39.23classification, vegetation, system use, localized well placement and construction, localized
39.24density of systems and wells, extent of area to be covered by local standards, groundwater
39.25flow patterns, and existing natural or artificial drainage systems. The local standards
39.26and criteria shall be submitted to the commissioner for comment prior to adoption to
39.27demonstrate that, based on local circumstances in that jurisdiction, they adequately protect
39.28public health and the environment.
39.29(b) New or replacement systems. Counties, after providing documentation of
39.30conditions listed in this paragraph to the commissioner, may adopt by ordinance local
39.31standards that are less restrictive than the agency's rules for new system construction or
39.32replacement in areas of sustained and projected low population density where conditions
39.33render conformance to applicable requirements difficult or otherwise inappropriate.
39.34Documentation may include a map delineating the area of the county to be served by the
40.1local standards, a description of the hardship that would result from strict adherence to the
40.2agency's rules, and evidence of sustained and projected low population density. The local
40.3standards must protect human health and the environment and be based on considerations
40.4that may include, but need not be limited to, soil separation, soil classification, vegetation,
40.5system use, localized well placement and construction, localized density of systems
40.6and wells, extent of area to be covered by local standards, groundwater flow patterns,
40.7and existing natural or artificial drainage systems. The local standards must provide
40.8cost-effective and long-term treatment alternatives. The draft ordinance incorporating the
40.9local standards must be submitted with justification to the commissioner 30 days before
40.10adoption for review and comment.
40.11(c) New or replacement systems; local ordinances. A local unit of government
40.12may adopt and enforce ordinances or rules affecting new or replacement subsurface
40.13sewage treatment systems that are more restrictive than the agency's rules. A local unit
40.14of government may not adopt or enforce an ordinance or rule if its effect is to prevent or
40.15delay recording with the county recorder or registrar of titles of a deed or other instrument
40.16that is otherwise entitled to be recorded.
40.17(d) Local standards; conflict with state law. Local standards adopted under
40.18paragraph (a) or (b) must not conflict with any requirements under other state laws or rules
40.19or local ordinances, including, but not limited to, requirements for:
40.20(1) systems in shoreland areas, regulated under sections 103F.201 to 103F.221;
40.21(2) well construction and location, regulated under chapter 103I; and
40.22(3) systems used in connection with food, beverage, and lodging establishments,
40.23regulated under chapter 157.
40.24Alternative local standards for new or replacement residential systems with flow of
40.252,500 gallons per day or less may be applied to systems listed in clause (1), provided the
40.26alternative standards are no less stringent than provisions of Minnesota Rules, chapter
40.277080, that went into effect on April 3, 2006. In addition, alternative local standards for
40.28new or replacement systems with flow of 2,500 gallons per day or less may be applied to
40.29systems listed in clause (3), provided the alternative standards are no less stringent than
40.30provisions of Minnesota Rules, chapter 7080, that went into effect on April 3, 2006,
40.31except that the waste strength must meet the standards established in Minnesota Rules,
40.32part 7080.2150, subpart 3, item K. If additional treatment of waste is needed to meet this
40.33standard, the treatment must be in accordance with Minnesota Rules, part 7080.2150,
40.34subpart 3, item A. The local standards must include references to applicable requirements
40.35under other state laws or rules or local ordinances. Nothing in this paragraph prevents
41.1a local subsurface sewage treatment system ordinance from including provisions of the
41.2current rule as part of the alternative local standards.

41.3    Sec. 63. [115A.121] TOXICS AND POLLUTION PREVENTION EVALUATION;
41.4CONSOLIDATED REPORT.
41.5The commissioner shall prepare and adopt a report on pollution prevention activities
41.6required in chapters 115A, 115D, and 325E. The report must include activities required
41.7under section 115A.1320. The commissioner must submit the report to the senate and
41.8house of representatives committees having jurisdiction over environment and natural
41.9resources by December 31, 2013, and every four years thereafter.

41.10    Sec. 64. Minnesota Statutes 2011 Supplement, section 115A.1320, subdivision 1,
41.11is amended to read:
41.12    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
41.13115A.1310 to 115A.1330.
41.14    (b) The agency shall establish procedures for:
41.15    (1) receipt and maintenance of the registration statements and certifications filed
41.16with the agency under section 115A.1312; and
41.17    (2) making the statements and certifications easily available to manufacturers,
41.18retailers, and members of the public.
41.19    (c) The agency shall annually review the value of the following variables that are
41.20part of the formula used to calculate a manufacturer's annual registration fee under section
41.21115A.1314, subdivision 1 :
41.22    (1) the proportion of sales of video display devices sold to households that
41.23manufacturers are required to recycle;
41.24    (2) the estimated per-pound price of recycling covered electronic devices sold to
41.25households;
41.26    (3) the base registration fee; and
41.27    (4) the multiplier established for the weight of covered electronic devices collected
41.28in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
41.29these values must be changed in order to improve the efficiency or effectiveness of the
41.30activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit
41.31recommended changes and the reasons for them to the chairs of the senate and house of
41.32representatives committees with jurisdiction over solid waste policy.
41.33    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
41.34sales of video display devices sold to households by each manufacturer during the
42.1preceding program year, based on national sales data, and forward the estimates to the
42.2department.
42.3    (e) On or before December 1, 2010, and each year thereafter, The agency shall
42.4provide a report to the governor and the legislature on the implementation of sections
42.5115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
42.6of covered electronic devices recycled and a summary of information in the reports
42.7submitted by manufacturers and recyclers under section 115A.1316. The report must
42.8also discuss the various collection programs used by manufacturers to collect covered
42.9electronic devices; information regarding covered electronic devices that are being
42.10collected by persons other than registered manufacturers, collectors, and recyclers; and
42.11information about covered electronic devices, if any, being disposed of in landfills in
42.12this state. The report must include a description of enforcement actions under sections
42.13115A.1310 to 115A.1330. The agency may include in its report other information received
42.14by the agency regarding the implementation of sections 115A.1312 to 115A.1330. The
42.15report must be done in conjunction with the report required under section 115D.10.
42.16    (f) The agency shall promote public participation in the activities regulated under
42.17sections 115A.1312 to 115A.1330 through public education and outreach efforts.
42.18    (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
42.19provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
42.20provisions enforced by the department, as provided in subdivision 2. The agency may
42.21revoke a registration of a collector or recycler found to have violated sections 115A.1310
42.22to 115A.1330.
42.23    (h) The agency shall facilitate communication between counties, collection and
42.24recycling centers, and manufacturers to ensure that manufacturers are aware of video
42.25display devices available for recycling.
42.26    (i) The agency shall develop a form retailers must use to report information to
42.27manufacturers under section 115A.1318 and post it on the agency's Web site.
42.28    (j) The agency shall post on its Web site the contact information provided by each
42.29manufacturer under section 115A.1318, paragraph (e).

42.30    Sec. 65. Minnesota Statutes 2010, section 115A.15, subdivision 5, is amended to read:
42.31    Subd. 5. Reports. (a) By January 1 of each odd-numbered year, the commissioner
42.32of administration shall submit a report to the governor and to the senate and house of
42.33representatives committees having jurisdiction over environment and natural resources
42.34and environment and natural resources finance summarizing past activities and proposed
42.35goals of the program for the following biennium. The report shall include at least:
43.1(1) a summary list of product and commodity purchases that contain recycled
43.2materials;
43.3(2) the results of any performance tests conducted on recycled products and agencies'
43.4experience with recycled products used;
43.5(3) a list of all organizations participating in and using the cooperative purchasing
43.6program; and
43.7(4) a list of products and commodities purchased for their recyclability and of
43.8recycled products reviewed for purchase.
43.9(b) By July 1 of each even-numbered year, the commissioner of the Pollution
43.10Control Agency and the commissioner of commerce through the State Energy Office shall
43.11submit recommendations to the commissioner regarding the operation of the program.

43.12    Sec. 66. Minnesota Statutes 2010, section 115A.411, is amended to read:
43.13115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED
43.14REPORT.
43.15    Subdivision 1. Authority; purpose. The commissioner shall prepare and adopt a
43.16report on solid waste management policy and activities under this chapter. The report must
43.17be submitted by the commissioner to the senate and house of representatives committees
43.18having jurisdiction over environment and natural resources and environment and natural
43.19resources finance by December 1 of each odd-numbered year 31, 2015, and every four
43.20years thereafter and shall include reports required under sections 115A.55, subdivision 4,
43.21paragraph (b); 115A.551, subdivision 4; 115A.557, subdivision 4; 473.149, subdivision
43.226
; 473.846; and 473.848, subdivision 4.
43.23    Subd. 2. Contents. (a) The report must may also include:
43.24(1) a summary of the current status of solid waste management, including the amount
43.25of solid waste generated and reduced, the manner in which it is collected, processed, and
43.26disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the
43.27facilities available or under development to manage the waste;
43.28(2) an evaluation of the extent and effectiveness of implementation and of section
43.29115A.02, including an assessment of progress in accomplishing state policies, goals, and
43.30objectives, including those listed in paragraph (b);
43.31(3) identification of issues requiring further research, study, and action, the
43.32appropriate scope of the research, study, or action, the state agency or political subdivision
43.33that should implement the research, study, or action, and a schedule for completion
43.34of the activity; and
44.1(4) recommendations for establishing or modifying state solid waste management
44.2policies, authorities, responsibilities, and programs.; and
44.3(b) (5) a report on progress made toward implementation of the objectives of
44.4Beginning in 1997, and every sixth year thereafter, the report shall be expanded to include
44.5the metropolitan area solid waste policy plan as required in section 473.149, subdivision
44.61
, and strategies for the agency to advance the goals of this chapter, to manage waste as a
44.7resource, to further reduce the need for expenditures on resource recovery and disposal
44.8facilities, and to further reduce long-term environmental and financial liabilities 6.
44.9(b) The expanded report must include strategies for:
44.10(1) achieving the maximum feasible reduction in waste generation;
44.11(2) encouraging manufacturers to design products that eliminate or reduce the
44.12adverse environmental impacts of resource extraction, manufacturing, use, and waste
44.13processing and disposal;
44.14(3) educating businesses, public entities, and other consumers about the need to
44.15consider the potential environmental and financial impacts of purchasing products that
44.16may create a liability or that may be expensive to recycle or manage as waste, due to the
44.17presence of toxic or hazardous components;
44.18(4) eliminating or reducing toxic or hazardous components in compost from
44.19municipal solid waste composting facilities, in ash from municipal solid waste incinerators,
44.20and in leachate and air emissions from municipal solid waste landfills, in order to reduce
44.21the potential liability of waste generators, facility owners and operators, and taxpayers;
44.22(5) encouraging the source separation of materials to the extent practicable, so that
44.23the materials are most appropriately managed and to ensure that resources that can be
44.24reused or recycled are not disposed of or destroyed; and
44.25(6) maximizing the efficiency of the waste management system by managing waste
44.26and recyclables close to the point of generation, taking into account the characteristics of
44.27the resources to be recovered from the waste and the type and capacity of local facilities.

44.28    Sec. 67. Minnesota Statutes 2010, section 115A.551, subdivision 2a, is amended to
44.29read:
44.30    Subd. 2a. Supplementary recycling goals. (a) By December 31, 1996, each county
44.31will have as a goal to recycle the following amounts:
44.32(1) for a county outside of the metropolitan area, 35 percent by weight of total
44.33solid waste generation;
44.34(2) for a metropolitan county, 50 percent by weight of total solid waste generation.
45.1Each county will develop and implement or require political subdivisions within the
45.2county to develop and implement programs, practices, or methods designed to meet its
45.3recycling goal. Nothing in this section or in any other law may be construed to prohibit a
45.4county from establishing a higher recycling goal.
45.5(b) For a county that, by January 1, 1995, is implementing a solid waste reduction
45.6program that is approved by the commissioner, the commissioner shall apply up to three
45.7percentage points toward achievement of the recycling goals in this subdivision. In
45.8addition, the commissioner shall apply demonstrated waste reduction that exceeds three
45.9percent reduction toward achievement of the goals in this subdivision.
45.10(c) No more than five percentage points may be applied toward achievement of the
45.11recycling goals in this subdivision for management of yard waste. The five percentage
45.12points must be applied as provided in this paragraph. The commissioner shall apply three
45.13percentage points for a county in which residents, by January 1, 1996, are provided with:
45.14(1) an ongoing comprehensive education program under which they are informed
45.15about how to manage yard waste and are notified of the prohibition in section 115A.931;
45.16and
45.17(2) the opportunity to drop off yard waste at specified sites or participate in curbside
45.18yard waste collection.
45.19The commissioner shall apply up to an additional two percentage points toward
45.20achievement of the recycling goals in this subdivision for additional activities approved
45.21by the commissioner that are likely to reduce the amount of yard waste generated and to
45.22increase the on-site composting of yard waste.

45.23    Sec. 68. Minnesota Statutes 2010, section 115A.551, subdivision 4, is amended to read:
45.24    Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each
45.25county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner
45.26shall report to the senate and house of representatives committees having jurisdiction over
45.27environment and natural resources and environment and natural resources finance on the
45.28progress of the counties by July 1 of each odd-numbered year as part of the report required
45.29under section 115A.411. If the commissioner finds that a county is not progressing toward
45.30the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to
45.31develop and implement solid waste management techniques designed to assist the county
45.32in meeting the goals, such as organized collection, curbside collection of source-separated
45.33materials, and volume-based pricing.
45.34The progress report shall be included in the report required under section 115A.411.

46.1    Sec. 69. Minnesota Statutes 2010, section 115A.557, subdivision 4, is amended to read:
46.2    Subd. 4. Report. By July 1 of each odd-numbered year, The commissioner
46.3shall report on how the money was spent and the resulting statewide improvements in
46.4solid waste management to the senate and house of representatives committees having
46.5jurisdiction over ways and means, finance, environment and natural resources, and
46.6environment and natural resources finance. The report shall be included in the report
46.7required under section 115A.411.

46.8    Sec. 70. Minnesota Statutes 2010, section 115A.904, is amended to read:
46.9115A.904 LAND DISPOSAL PROHIBITED.
46.10The disposal of waste tires in the land is prohibited after July 1, 1985, except for
46.11beneficial uses of tire-derived products designated by the commissioner. This does not
46.12prohibit the storage of unprocessed waste tires at a collection or processing facility.

46.13    Sec. 71. Minnesota Statutes 2010, section 115D.08, is amended to read:
46.14115D.08 PROGRESS REPORTS.
46.15    Subdivision 1. Requirement to submit progress report. (a) All persons required to
46.16prepare a toxic pollution prevention plan under section 115D.07 shall submit an annual
46.17progress report to the commissioner of public safety that may be drafted in a manner that
46.18does not disclose proprietary information. Progress reports are due on October July 1 of
46.19each year. The first progress reports are due in 1992.
46.20(b) At a minimum, each progress report must include:
46.21(1) a summary of each objective established in the plan, including the base year for
46.22any objective stated in numeric terms, and the schedule for meeting each objective;
46.23(2) a summary of progress made during the past year, if any, toward meeting each
46.24objective established in the plan including the quantity of each toxic pollutant eliminated
46.25or reduced;
46.26(3) a statement of the methods through which elimination or reduction has been
46.27achieved;
46.28(4) if necessary, an explanation of the reasons objectives were not achieved during
46.29the previous year, including identification of any technological, economic, or other
46.30impediments the facility faced in its efforts to achieve its objectives; and
46.31(5) a certification, signed and dated by the facility manager and an officer of the
46.32company under penalty of section 609.63, attesting that a plan meeting the requirements
46.33of section 115D.07 has been prepared and also attesting to the accuracy of the information
46.34in the progress report.
47.1    Subd. 2. Review of progress reports. (a) The commissioner of public safety shall
47.2review all progress reports to determine if they meet the requirements of subdivision 1.
47.3If the commissioner of public safety determines that a progress report does not meet the
47.4requirements, the commissioner of public safety shall notify the facility in writing and
47.5shall identify specific deficiencies and specify a reasonable time period of not less than 90
47.6days for the facility to modify the progress report.
47.7(b) The commissioner of public safety shall be given access to a facility plan
47.8required under section 115D.07 if the commissioner of public safety determines that
47.9the progress report for that facility does not meet the requirements of subdivision 1.
47.10Twenty-five or more persons living within ten miles of the facility may submit a petition
47.11to the commissioner of public safety that identifies specific deficiencies in the progress
47.12report and requests the commissioner of public safety to review the facility plan. Within
47.1330 days after receipt of the petition, the commissioner of public safety shall respond in
47.14writing. If the commissioner of public safety agrees that the progress report does not meet
47.15requirements of subdivision 1, the commissioner of public safety shall be given access
47.16to the facility plan.
47.17(c) After reviewing the plan and the progress report with any modifications
47.18submitted, the commissioner of public safety shall state in writing whether the progress
47.19report meets the requirements of subdivision 1. If the commissioner of public safety
47.20determines that a modified progress report still does not meet the requirements of
47.21subdivision 1, the commissioner of public safety shall schedule a public meeting. The
47.22meeting shall be held in the county where the facility is located. The meeting is not
47.23subject to the requirements of chapter 14.
47.24(d) The facility shall be given the opportunity to amend the progress report within a
47.25period of not less than 30 days after the public meeting.
47.26(e) If the commissioner of public safety determines that a modified progress report
47.27still does not meet the requirements of subdivision 1, action may be taken under section
47.28115.071 to obtain compliance with sections 115D.01 to 115D.12.

47.29    Sec. 72. Minnesota Statutes 2010, section 116.011, is amended to read:
47.30116.011 ANNUAL POLLUTION REPORT.
47.31A goal of the Pollution Control Agency is to reduce the amount of pollution that is
47.32emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency
47.33shall report the best estimate of the agency of the total volume of water and air pollution
47.34that was emitted in the state in the previous two calendar year years for which data are
47.35available. The agency shall report its findings for both water and air pollution:
48.1(1) in gross amounts, including the percentage increase or decrease over the previous
48.2previously reported two calendar year years; and
48.3(2) in a manner which will demonstrate the magnitude of the various sources of
48.4water and air pollution.

48.5    Sec. 73. Minnesota Statutes 2010, section 116.0714, is amended to read:
48.6116.0714 NEW OPEN AIR SWINE BASINS.
48.7    The commissioner of the Pollution Control Agency or a county board shall not
48.8approve any permits for the construction of new open air swine basins, except that existing
48.9facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
48.10treatment program for resolving pollution problems or to allow conversion of an existing
48.11basin of less than 1,000,000 gallons to a different animal type, provided all standards are
48.12met. This section expires June 30, 2012 2017.

48.13    Sec. 74. Minnesota Statutes 2010, section 116.10, is amended to read:
48.14116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
48.15Consistent with the policy announced herein and the purposes of Laws 1963, chapter
48.16874, the Pollution Control Agency shall, before November 15 of each even-numbered
48.17year, prepare a long-range plan and program for the effectuation of said policy, and shall
48.18make a report also of progress on abatement and control of air and land pollution during
48.19each biennium to the legislature with recommendations for action in furtherance of the air
48.20and land pollution and waste programs.

48.21    Sec. 75. Minnesota Statutes 2010, section 116C.833, subdivision 2, is amended to read:
48.22    Subd. 2. Biennial Quadrennial report. In addition to other duties specified in
48.23sections 116C.833 to 116C.843, the commissioner shall report by January 31, 1997 2013,
48.24and biennially every four years thereafter, to the governor and the legislature concerning
48.25the activities of the Interstate Commission. The report shall include any recommendations
48.26the commissioner deems necessary to assure the protection of the interest of the state in
48.27the proper functioning of the compact. The commissioner also shall report to the governor
48.28and the legislature any time there is a change in the status of a host state or other party
48.29states in the compact.

48.30    Sec. 76. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a, as
48.31amended by Laws 2012, chapter 150, article 2, section 2, is amended to read:
49.1    Subd. 2a. When prepared. Where there is potential for significant environmental
49.2effects resulting from any major governmental action, the action shall be preceded by a
49.3detailed environmental impact statement prepared by the responsible governmental unit.
49.4The environmental impact statement shall be an analytical rather than an encyclopedic
49.5document which describes the proposed action in detail, analyzes its significant
49.6environmental impacts, discusses appropriate alternatives to the proposed action and
49.7their impacts, and explores methods by which adverse environmental impacts of an
49.8action could be mitigated. The environmental impact statement shall also analyze those
49.9economic, employment and sociological effects that cannot be avoided should the action
49.10be implemented. To ensure its use in the decision-making process, the environmental
49.11impact statement shall be prepared as early as practical in the formulation of an action.
49.12    (a) The board shall by rule establish categories of actions for which environmental
49.13impact statements and for which environmental assessment worksheets shall be prepared
49.14as well as categories of actions for which no environmental review is required under this
49.15section. A mandatory environmental assessment worksheet shall not be required for the
49.16expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
49.17(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
49.18biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
49.19of the expanded or converted facility to produce alcohol fuel, but must be required if
49.20the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
49.21of actions for which environmental assessment worksheets must be prepared. The
49.22responsible governmental unit for an ethanol plant or biobutanol facility project for which
49.23an environmental assessment worksheet is prepared shall be the state agency with the
49.24greatest responsibility for supervising or approving the project as a whole.
49.25A mandatory environmental impact statement shall not be required for a facility
49.26or plant located outside the seven-county metropolitan area that produces less than
49.27125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
49.28or plant is: an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
49.29(b); a biobutanol facility, as defined in section 41A.105, subdivision 1a, clause (1); or a
49.30cellulosic biofuel facility, as defined in section 41A.10, subdivision 1, paragraph (d).
49.31    (b) The responsible governmental unit shall promptly publish notice of the
49.32completion of an environmental assessment worksheet in a by publishing the notice in
49.33at least one newspaper of general circulation in the geographic area where the project is
49.34proposed, by posting the notice on a Web site that has been designated as the official
49.35publication site for publication of proceedings, public notices, and summaries of a political
49.36subdivision in which the project is proposed or in any other manner to be determined by
50.1the board and shall provide copies of the environmental assessment worksheet to the board
50.2and its member agencies. Comments on the need for an environmental impact statement
50.3may be submitted to the responsible governmental unit during a 30-day period following
50.4publication of the notice that an environmental assessment worksheet has been completed.
50.5The responsible governmental unit's decision on the need for an environmental impact
50.6statement shall be based on the environmental assessment worksheet and the comments
50.7received during the comment period, and shall be made within 15 days after the close of
50.8the comment period. The board's chair may extend the 15-day period by not more than 15
50.9additional days upon the request of the responsible governmental unit.
50.10    (c) An environmental assessment worksheet shall also be prepared for a proposed
50.11action whenever material evidence accompanying a petition by not less than 100
50.12individuals who reside or own property in the state, submitted before the proposed
50.13project has received final approval by the appropriate governmental units, demonstrates
50.14that, because of the nature or location of a proposed action, there may be potential for
50.15significant environmental effects. Petitions requesting the preparation of an environmental
50.16assessment worksheet shall be submitted to the board. The chair of the board shall
50.17determine the appropriate responsible governmental unit and forward the petition to it.
50.18A decision on the need for an environmental assessment worksheet shall be made by
50.19the responsible governmental unit within 15 days after the petition is received by the
50.20responsible governmental unit. The board's chair may extend the 15-day period by not
50.21more than 15 additional days upon request of the responsible governmental unit.
50.22    (d) Except in an environmentally sensitive location where Minnesota Rules, part
50.234410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
50.24review under this chapter and rules of the board, if:
50.25    (1) the proposed action is:
50.26    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
50.27    (ii) an expansion of an existing animal feedlot facility with a total cumulative
50.28capacity of less than 1,000 animal units;
50.29    (2) the application for the animal feedlot facility includes a written commitment by
50.30the proposer to design, construct, and operate the facility in full compliance with Pollution
50.31Control Agency feedlot rules; and
50.32    (3) the county board holds a public meeting for citizen input at least ten business
50.33days prior to the Pollution Control Agency or county issuing a feedlot permit for the
50.34animal feedlot facility unless another public meeting for citizen input has been held with
50.35regard to the feedlot facility to be permitted. The exemption in this paragraph is in
50.36addition to other exemptions provided under other law and rules of the board.
51.1    (e) The board may, prior to final approval of a proposed project, require preparation
51.2of an environmental assessment worksheet by a responsible governmental unit selected
51.3by the board for any action where environmental review under this section has not been
51.4specifically provided for by rule or otherwise initiated.
51.5    (f) An early and open process shall be utilized to limit the scope of the environmental
51.6impact statement to a discussion of those impacts, which, because of the nature or location
51.7of the project, have the potential for significant environmental effects. The same process
51.8shall be utilized to determine the form, content and level of detail of the statement as well
51.9as the alternatives which are appropriate for consideration in the statement. In addition,
51.10the permits which will be required for the proposed action shall be identified during the
51.11scoping process. Further, the process shall identify those permits for which information
51.12will be developed concurrently with the environmental impact statement. The board
51.13shall provide in its rules for the expeditious completion of the scoping process. The
51.14determinations reached in the process shall be incorporated into the order requiring the
51.15preparation of an environmental impact statement.
51.16    (g) The responsible governmental unit shall, to the extent practicable, avoid
51.17duplication and ensure coordination between state and federal environmental review
51.18and between environmental review and environmental permitting. Whenever practical,
51.19information needed by a governmental unit for making final decisions on permits
51.20or other actions required for a proposed project shall be developed in conjunction
51.21with the preparation of an environmental impact statement. When an environmental
51.22impact statement is prepared for a project requiring multiple permits for which two or
51.23more agencies' decision processes include either mandatory or discretionary hearings
51.24before a hearing officer prior to the agencies' decision on the permit, the agencies
51.25may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
51.26consolidated hearing process if requested by the proposer. All agencies having jurisdiction
51.27over a permit that is included in the consolidated hearing shall participate. The responsible
51.28governmental unit shall establish appropriate procedures for the consolidated hearing
51.29process, including procedures to ensure that the consolidated hearing process is consistent
51.30with the applicable requirements for each permit regarding the rights and duties of parties
51.31to the hearing, and shall utilize the earliest applicable hearing procedure to initiate the
51.32hearing. The procedures of section 116C.28, subdivision 2, apply to the consolidated
51.33hearing.
51.34    (h) An environmental impact statement shall be prepared and its adequacy
51.35determined within 280 days after notice of its preparation unless the time is extended by
51.36consent of the parties or by the governor for good cause. The responsible governmental
52.1unit shall determine the adequacy of an environmental impact statement, unless within 60
52.2days after notice is published that an environmental impact statement will be prepared,
52.3the board chooses to determine the adequacy of an environmental impact statement. If an
52.4environmental impact statement is found to be inadequate, the responsible governmental
52.5unit shall have 60 days to prepare an adequate environmental impact statement.
52.6    (i) The proposer of a specific action may include in the information submitted to the
52.7responsible governmental unit a preliminary draft environmental impact statement under
52.8this section on that action for review, modification, and determination of completeness and
52.9adequacy by the responsible governmental unit. A preliminary draft environmental impact
52.10statement prepared by the project proposer and submitted to the responsible governmental
52.11unit shall identify or include as an appendix all studies and other sources of information
52.12used to substantiate the analysis contained in the preliminary draft environmental impact
52.13statement. The responsible governmental unit shall require additional studies, if needed,
52.14and obtain from the project proposer all additional studies and information necessary for
52.15the responsible governmental unit to perform its responsibility to review, modify, and
52.16determine the completeness and adequacy of the environmental impact statement.

52.17    Sec. 77. Minnesota Statutes 2010, section 116D.04, is amended by adding a
52.18subdivision to read:
52.19    Subd. 15. Duplicative permit information; environmental assessment
52.20worksheets. To the extent practicable and so as not to conflict with other requirements of
52.21this section, the board shall not require, unless necessary, information in an environmental
52.22assessment worksheet for a proposed action when the information is also required as part
52.23of any necessary permitting process for the proposed action.

52.24    Sec. 78. Minnesota Statutes 2010, section 116J.035, subdivision 8, as added by Laws
52.252012, chapter 150, article 1, section 8, is amended to read:
52.26    Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
52.27economic development shall, through the multiagency collaboration called "Minnesota
52.28Business First Stop," ensure the coordination, implementation, and administration of
52.29state permits, including:
52.30(1) establishing a mechanism in state government that will coordinate administrative
52.31decision-making procedures and related quasijudicial and judicial review pertaining to
52.32permits related to the state's air, land, and water resources;
53.1(2) providing coordination and understanding between federal, state, and local
53.2governmental units in the administration of the various programs relating to air, water,
53.3and land resources;
53.4(3) identifying all existing state permits and other approvals, compliance schedules,
53.5or other programs that pertain to the use of natural resources and protection of the
53.6environment; and
53.7(4) recommending legislative or administrative modifications to existing permit
53.8programs to increase their efficiency and utility.
53.9(b) A person proposing a project may apply to Minnesota Business First Stop for
53.10assistance in obtaining necessary state permits and other approvals. Upon request, the
53.11commissioner shall to the extent practicable:
53.12(1) provide a list of all federal, state, and local permits and other required approvals
53.13for the project;
53.14(2) provide a plan that will coordinate federal, state, and local administrative
53.15decision-making practices, including monitoring, analysis and reporting, public comments
53.16and hearings, and issuances of permits and approvals;
53.17(3) provide a timeline for the issuance of all federal, state, and local permits and
53.18other approvals required for the project;
53.19(4) coordinate the execution of any memorandum of understanding between the
53.20person proposing a project and any federal, state, or local agency;
53.21(5) coordinate all federal, state, or local public comment periods and hearings; and
53.22(6) provide other assistance requested to facilitate final approval and issuance of all
53.23federal, state, and local permits and other approvals required for the project.
53.24(c) Notwithstanding section 16A.1283, as necessary, the commissioner may negotiate
53.25a schedule to assess the project proposer for reasonable costs that any state agency incurs
53.26in coordinating the implementation and administration of state permits, and the proposer
53.27shall pay the assessed costs to the commissioner. Money received by the environmental
53.28permits coordinator commissioner must be credited to an account in the special revenue
53.29fund and is appropriated to the commissioner to cover the assessed costs incurred.
53.30(d) The coordination of implementation and administration of state permits is not
53.31governmental action under section 116D.04.

53.32    Sec. 79. Minnesota Statutes 2010, section 216C.055, is amended to read:
53.33216C.055 KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN
53.34PRODUCING THERMAL ENERGY.
54.1The annual biennial legislative proposals required to be submitted by the
54.2commissioners of commerce and the Pollution Control Agency under section 216H.07,
54.3subdivision
4 3, must include proposals regarding the use of solar energy and the
54.4combustion of grasses, agricultural wastes, trees, and other vegetation to produce thermal
54.5energy for heating commercial, industrial, and residential buildings and for industrial
54.6processes if the commissioners determine that such policies are appropriate to achieve the
54.7state's greenhouse gas emissions-reduction goals. No legal claim against any person is
54.8allowed under this section. This section does not apply to the combustion of municipal
54.9solid waste or refuse-derived fuel to produce thermal energy. For purposes of this section,
54.10removal of woody biomass from publicly owned forests must be consistent with the
54.11principles of sustainable forest management.

54.12    Sec. 80. Minnesota Statutes 2010, section 216H.07, subdivision 3, is amended to read:
54.13    Subd. 3. Biennial reduction progress report. (a) By January 15 of each
54.14odd-numbered year, the commissioners of commerce and the Pollution Control Agency
54.15shall jointly report to the chairs and ranking minority members of the legislative
54.16committees with primary policy jurisdiction over energy and environmental issues the
54.17most recent and best available evidence identifying the level of reductions already
54.18achieved and the level necessary to achieve the reductions timetable in section 216H.02.
54.19(b) The report must be in easily understood nontechnical terms.

54.20    Sec. 81. Minnesota Statutes 2010, section 473.149, subdivision 1, is amended to read:
54.21    Subdivision 1. Policy plan; general requirements. The commissioner of the
54.22Pollution Control Agency may shall revise the metropolitan long range policy plan for
54.23solid waste management adopted and revised by the Metropolitan Council prior to the
54.24transfer of powers and duties in Laws 1994, chapter 639, article 5, section 2 in 2011 by
54.25December 31, 2016, and every sixth year thereafter. The plan shall be followed in the
54.26metropolitan area. Until the commissioner revises it, the plan adopted and revised by
54.27the council on September 26, 1991, remains in effect. The plan shall address the state
54.28policies and purposes expressed in section 115A.02. In revising the plan the commissioner
54.29shall follow the procedures in subdivision 3. The plan shall include goals and policies
54.30for solid waste management, including recycling consistent with section 115A.551, and
54.31household hazardous waste management consistent with section 115A.96, subdivision 6,
54.32in the metropolitan area.
54.33The plan shall include criteria and standards for solid waste facilities and solid
54.34waste facility sites respecting the following matters: general location; capacity; operation;
55.1processing techniques; environmental impact; effect on existing, planned, or proposed
55.2collection services and waste facilities; and economic viability. The plan shall, to the
55.3extent practicable and consistent with the achievement of other public policies and
55.4purposes, encourage ownership and operation of solid waste facilities by private industry.
55.5For solid waste facilities owned or operated by public agencies or supported primarily by
55.6public funds or obligations issued by a public agency, the plan shall include additional
55.7criteria and standards to protect comparable private and public facilities already existing
55.8in the area from displacement unless the displacement is required in order to achieve the
55.9waste management objectives identified in the plan. In revising the plan, the commissioner
55.10shall consider the orderly and economic development, public and private, of the
55.11metropolitan area; the preservation and best and most economical use of land and water
55.12resources in the metropolitan area; the protection and enhancement of environmental
55.13quality; the conservation and reuse of resources and energy; the preservation and
55.14promotion of conditions conducive to efficient, competitive, and adaptable systems
55.15of waste management; and the orderly resolution of questions concerning changes in
55.16systems of waste management. Criteria and standards for solid waste facilities shall be
55.17consistent with rules adopted by the Pollution Control Agency pursuant to chapter 116 and
55.18shall be at least as stringent as the guidelines, regulations, and standards of the federal
55.19Environmental Protection Agency.

55.20    Sec. 82. Minnesota Statutes 2010, section 473.149, subdivision 6, is amended to read:
55.21    Subd. 6. Report to legislature. The commissioner shall report on abatement to
55.22the senate and house of representatives committees having jurisdiction over ways and
55.23means, finance, environment and natural resources committees of the senate and house
55.24of representatives, the Finance Division of the senate Committee on Environment and
55.25Natural Resources, and the house of representatives Committee on Environment and
55.26Natural Resources Finance by July 1 of each odd-numbered year policy, and environment
55.27and natural resources finance. The report must include an assessment of whether the
55.28objectives of the metropolitan abatement plan have been met and whether each county
55.29and each class of city within each county have achieved the objectives set for it in the
55.30plan. The report must recommend any legislation that may be required to implement the
55.31plan. The report shall be included in the report required by section 115A.411. If in any
55.32year the commissioner reports that the objectives of the abatement plan have not been
55.33met, the commissioner shall evaluate and report on the need to reassign governmental
55.34responsibilities among cities, counties, and metropolitan agencies to assure implementation
55.35and achievement of the metropolitan and local abatement plans and objectives.
56.1The report must include a report on the operating, capital, and debt service costs of
56.2solid waste facilities in the metropolitan area; changes in the costs; the methods used to
56.3pay the costs; and the resultant allocation of costs among users of the facilities and the
56.4general public. The facility costs report must present the cost and financing analysis in the
56.5aggregate and broken down by county and by major facility.

56.6    Sec. 83. Minnesota Statutes 2010, section 473.846, is amended to read:
56.7473.846 REPORT REPORTS TO LEGISLATURE.
56.8The agency shall submit to the senate Finance Committee, the and house of
56.9representatives Ways and Means Committee, and the Environment and Natural Resources
56.10Committees of the senate and house of representatives, the Finance Division of the senate
56.11Committee on Environment and Natural Resources, and the house of representatives
56.12Committee on committees having jurisdiction over environment and natural resources
56.13finance separate reports describing the activities for which money for landfill abatement
56.14has been spent under sections 473.844 and 473.845. The agency shall report by November
56.151 of each year on expenditures during its previous fiscal year. The commissioner shall
56.16report on expenditures during the previous calendar year and must incorporate its report
56.17The report for section 473.844 expenditures shall be included in the report required by
56.18section 115A.411, due July 1 of each odd-numbered year. the commissioner shall make
56.19and shall include recommendations to the Environment and Natural Resources Committees
56.20of the senate and house of representatives, the Finance Division of the senate Committee
56.21on Environment and Natural Resources, and the house of representatives Committee on
56.22Environment and Natural Resources Finance on the future management and use of the
56.23metropolitan landfill abatement account. By December 31 of each year, the commissioner
56.24shall submit the report for section 473.845 on contingency action trust fund activities.

56.25    Sec. 84. Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended by
56.26Laws 2009, chapter 37, article 1, section 60, is amended to read:
56.27
56.28
Subd. 2.Land and Mineral Resources
Management
11,747,000
11,272,000
56.29
Appropriations by Fund
56.30
General
6,633,000
6,230,000
56.31
Natural Resources
3,551,000
3,447,000
56.32
Game and Fish
1,363,000
1,395,000
56.33
Permanent School
200,000
200,000
57.1$475,000 the first year and $475,000 the
57.2second year are for iron ore cooperative
57.3research. Of this amount, $200,000 each year
57.4is from the minerals management account in
57.5the natural resources fund and $275,000 each
57.6year is from the general fund. $237,500 the
57.7first year and $237,500 the second year are
57.8available only as matched by $1 of nonstate
57.9money for each $1 of state money. The
57.10match may be cash or in-kind.
57.11$86,000 the first year and $86,000 the
57.12second year are for minerals cooperative
57.13environmental research, of which $43,000
57.14the first year and $43,000 the second year are
57.15available only as matched by $1 of nonstate
57.16money for each $1 of state money. The
57.17match may be cash or in-kind.
57.18$2,800,000 the first year and $2,696,000
57.19the second year are from the minerals
57.20management account in the natural resources
57.21fund for use as provided in Minnesota
57.22Statutes, section 93.2236, paragraph (c).
57.23$200,000 the first year and $200,000 the
57.24second year are from the state forest suspense
57.25account in the permanent school fund to
57.26accelerate land exchanges, land sales, and
57.27commercial leasing of school trust lands and
57.28to identify, evaluate, and lease construction
57.29aggregate located on school trust lands. This
57.30appropriation is to be used for securing
57.31maximum long-term economic return
57.32from the school trust lands consistent with
57.33fiduciary responsibilities and sound natural
57.34resources conservation and management
57.35principles.
58.1$15,000 the first year is for a report
58.2by February 1, 2008, to the house and
58.3senate committees with jurisdiction over
58.4environment and natural resources on
58.5proposed minimum legal and conservation
58.6standards that could be applied to
58.7conservation easements acquired with public
58.8money.
58.9$1,201,000 the first year and $701,000 the
58.10second year are to support the land records
58.11management system. Of this amount,
58.12$326,000 the first year and $326,000 the
58.13second year are from the game and fish fund
58.14and $375,000 the first year and $375,000 the
58.15second year are from the natural resources
58.16fund. The unexpended balances are available
58.17until June 30, 2011. The commissioner
58.18must report to the legislative chairs on
58.19environmental finance on the outcomes of
58.20the land records management support.
58.21$500,000 the first year and $500,000 the
58.22second year are for land asset management.
58.23This is a onetime appropriation.

58.24    Sec. 85. Laws 2010, chapter 362, section 2, subdivision 7, is amended to read:
58.25
Subd. 7.Renewable Energy
-0-
3,364,000
58.26
(a) Algae for Fuels Pilot Project
58.27$900,000 is from the trust fund to the Board
58.28of Regents of the University of Minnesota
58.29to demonstrate an innovative microalgae
58.30production system utilizing and treating
58.31sanitary wastewater to produce biofuels
58.32from algae. This appropriation is available
58.33until June 30, 2013, by which time the
59.1project must be completed and final products
59.2delivered.
59.3
(b) Sustainable Biofuels
59.4$221,000 is from the trust fund to the Board
59.5of Regents of the University of Minnesota
59.6to determine how fertilization and irrigation
59.7impact yields of grass monoculture and high
59.8diversity prairie biofuel crops, their storage
59.9of soil carbon, and susceptibility to invasion
59.10by exotic species. This appropriation is
59.11available until June 30, 2013, by which time
59.12the project must be completed and final
59.13products delivered.
59.14
59.15
(c) Linking Habitat Restoration to Bioenergy
and Local Economies
59.16$600,000 is from the trust fund to the
59.17commissioner of natural resources to restore
59.18high quality native habitats and expand
59.19market opportunities for utilizing postharvest
59.20restoration as a using the woody by-product
59.21material for bioenergy source. or other
59.22products. The commissioner may provide
59.23grants or otherwise transfer some or all
59.24of this money to other public or private
59.25entities to accomplish these purposes. The
59.26commissioner may sell the material from
59.27public or private property to any viable
59.28market, provided that all of the proceeds
59.29are spent to further the purposes of this
59.30appropriation. This appropriation is available
59.31until June 30, 2013, by which time the
59.32project must be completed and final products
59.33delivered.
59.34
59.35
59.36
(d) Demonstrating Sustainable Energy
Practices at Residential Environmental
Learning Centers (RELCs)
60.1$1,500,000 is from the trust fund to
60.2the commissioner of natural resources
60.3for agreements as follows: $206,000
60.4with Audubon Center of the North
60.5Woods; $212,000 with Deep Portage
60.6Learning Center; $350,000 with Eagle
60.7Bluff Environmental Learning Center;
60.8$258,000 with Laurentian Environmental
60.9Learning Center; $240,000 with Long
60.10Lake Conservation Center; and $234,000
60.11with Wolf Ridge Environmental Learning
60.12Center to implement renewable energy,
60.13energy efficiency, and energy conservation
60.14practices at the facilities. Efforts will include
60.15dissemination of related energy education.

60.16    Sec. 86. Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision 3,
60.17is amended to read:
60.18    Subd. 3. Administration. The commissioner of natural resources shall administer
60.19the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
60.20existing rules and regulations for state recreation areas, except the following is permitted:
60.21hunting, fishing, and trapping of protected species during designated seasons and dogs
60.22under control for hunting purposes during regular hunting seasons. La Salle Lake State
60.23Recreation Area shall be administered as a satellite unit of Itasca State Park.

60.24    Sec. 87. LEGISLATIVE REPORT ON STATE PARKS, RECREATION AREAS,
60.25TRAILS, AND STATE FOREST DAY USE AREAS.
60.26(a) By January 15, 2013, the commissioner of natural resources shall prepare and
60.27submit a report to the chairs and ranking minority members of the house of representatives
60.28and senate legislative committees with jurisdiction over environment and natural resources
60.29policy and finance concerning the long-term funding, use, expansion, and administration
60.30of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas.
60.31(b) At a minimum, the report shall include:
60.32(1) long-term funding options to reduce reliance on general fund appropriations for
60.33maintaining and operating state parks, recreation areas, trails, and forest day use areas;
61.1(2) criteria and considerations for optimizing the system of state parks, recreation
61.2areas, trails, and state forest day use areas to ensure investment focuses on Minnesota's
61.3most important natural resources and the highest quality recreational opportunities; and
61.4(3) recommendations for innovative programs and initiatives to increase outdoor
61.5recreation participation among Minnesotans and visitors to the state.
61.6EFFECTIVE DATE.This section is effective the day following final enactment.

61.7    Sec. 88. ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
61.8APPROPRIATION EXTENSION.
61.9(a) The availability of the appropriation is extended to June 30, 2013, for:
61.10(1) Laws 2009, chapter 143, section 2, subdivision 5, paragraph (c), cooperative
61.11habitat research in deep lakes; and
61.12(2) Laws 2009, chapter 143, section 2, subdivision 6, paragraph (d), controlling the
61.13movement of invasive fish species.
61.14(b) The availability of the appropriation is extended to June 30, 2014, for Laws
61.152009, chapter 143, section 2, subdivision 4, paragraph (c), metropolitan regional park
61.16system acquisition.
61.17(c) The availability of the appropriation is extended to June 30, 2015, for Laws
61.182011, First Special Session chapter 2, article 3, section 2, subdivision 9, paragraph (a),
61.19Minnesota Conservation Apprenticeship Academy.

61.20    Sec. 89. BENEFICIAL USE OF WASTEWATER; GRANTS IN FISCAL YEARS
61.212010 AND 2011.
61.22Notwithstanding Minnesota Statutes, section 116.195, grants issued during fiscal
61.23years 2010 and 2011 may be amended to replace surface water with wastewater effluent
61.24that increases the reuse of wastewater effluent and reduces the use of surface water.

61.25    Sec. 90. RULEMAKING; NOTICE OF ENVIRONMENTAL ASSESSMENT
61.26WORKSHEET.
61.27The Environmental Quality Board may use the good cause exemption under
61.28Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules
61.29to conform with the amendments to Minnesota Statutes, section 116D.04, subdivision
61.302a, contained in this act. Minnesota Statutes, section 14.386, does not apply except as
61.31provided under Minnesota Statutes, section 14.388.

61.32    Sec. 91. 2009 LOTTERY-IN-LIEU APPROPRIATION EXTENSION.
62.1The appropriation in Laws 2009, chapter 37, article 1, section 4, subdivision 5, from
62.2the natural resources fund from the revenue deposited under Minnesota Statutes, section
62.3297A.94, paragraph (e), clause (4), for local grants is available until June 30, 2013.

62.4    Sec. 92. FOREST RESOURCES COUNCIL STUDY.
62.5By January 15, 2013, the Forest Resources Council shall submit a report to the
62.6environment and natural resources policy and finance committees and the tax committees
62.7of the house of representatives and senate on the status of private forest land management
62.8and the policy of the state to promote healthy and robust forests. The study shall evaluate
62.9existing and potential financial incentives for private forest land management and include
62.10recommendations for state policies that will ensure that private forest lands are sustainable
62.11and continue to contribute to Minnesota's economic vitality as well as provide access to
62.12the public to hunting and fishing resources.

62.13    Sec. 93. METROPOLITAN WASTE DISPOSAL RESTRICTIONS REPORT.
62.14By August 1, 2012, the commissioner of the Pollution Control Agency shall prepare
62.15a report on how compliance with Minnesota Statutes, section 473.848, may be achieved.
62.16The commissioner must allow interested parties at least 30 days to review and comment
62.17on the report. Written comments received from interested parties and the commissioner's
62.18responses to the comments must be included in the report. By October 1, 2012, the report,
62.19comments, and responses shall be submitted to the chairs and ranking minority members
62.20of the senate and house of representatives committees with jurisdiction over environmental
62.21policy and finance. The agency may not require compliance with Minnesota Statutes,
62.22section 473.848, before February 15, 2013.

62.23    Sec. 94. PROTECT AQUATIC HABITAT FROM ASIAN CARP.
62.24Prior to entering into a contract pursuant to the appropriation in S.F. No. 2493,
62.25article 1, section 2, subdivision 5, paragraph (h), if enacted, the commissioner shall consult
62.26with the chairs and ranking minority members of the legislative committees and divisions
62.27with jurisdiction over natural resources and energy.

62.28    Sec. 95. MINNESOTA POLLUTION CONTROL AGENCY CITIZEN'S BOARD
62.29REVIEW.
62.30The evaluation of environmental governance under Executive Order 11-32 must
62.31include a review of the Minnesota Pollution Control Agency Citizen's Board's role in
62.32reviewing permits, environmental assessment worksheets, and environmental impact
63.1statements. The evaluation should include, but is not limited to, an examination of the
63.2benefits and drawbacks of the board versus the agency's commissioner making final
63.3decisions on all or various subsets of permits and environmental reviews, along with how
63.4these matters are referred to the board versus the commissioner. Any recommendations
63.5must be reported to the chairs and ranking minority members of the senate and house of
63.6representatives committees having jurisdiction over the environment and natural resources.

63.7    Sec. 96. RULEMAKING.
63.8The commissioner of the Pollution Control Agency must amend Minnesota Rules
63.9to conform to section 62. The commissioner may use the good cause exemption under
63.10Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
63.11section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.

63.12    Sec. 97. CONTINGENT AMENDMENT AND REPEAL; 2012 LAW.
63.13If H.F. 2171 or its equivalent is not enacted in 2012 and S.F. 2493 or its equivalent is
63.14enacted in 2012, then S.F. 2493, article 4, section 2, or its equivalent is repealed and the
63.15appropriation in article 4, section 3, of that act is reduced by $1,000,000.

63.16    Sec. 98. REPEALER.
63.17(a) Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision
63.185; 89.06; 90.042; 97A.4742, subdivision 4; 103G.705; 115.447; 115A.07, subdivision 2;
63.19115A.965, subdivision 7; and 216H.07, subdivision 4, Laws 2011, chapter 107, section
63.20105, and Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3;
63.217021.0050, subparts 1, 2, and 3; and 7041.0500, subparts 5, 6, and 7, are repealed.
63.22(b) Minnesota Statutes 2011 Supplement, sections 86B.508; and 86B.811,
63.23subdivision 1a, are repealed.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569