HF 2164

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/05/2012 05:48pm

A bill for an act
relating to natural resources; providing for apprentice riders; modifying aquatic
invasive species provisions; modifying local government trail authority;
modifying enforcement provisions; modifying certain bait provisions; modifying
prior appropriations; modifying and eliminating certain reporting, plan, and
meeting requirements; eliminating loan program; modifying La Salle Lake State
Recreation Area administration; prohibiting commissioner of natural resources
from purchasing land at more than 20 percent above estimated market value;
modifying waste management provisions; clarifying certain environmental
review; eliminating certain fees; modifying toxic pollution prevention
requirements; modifying certain standards for stationary sources; extending
prohibition on new open air swine basins; modifying local water management;
requiring water supply demand reduction measures; modifying acid deposition
control requirements; modifying sewage sludge management; modifying Wetland
Conservation Act; providing for continued operation of the Minnesota Zoological
Garden, and state parks and recreation areas when biennial appropriations have
not been enacted; requiring the availability of game and fish licenses by electronic
transaction; creating citizen's board; authorizing and clarifying the use of general
permits; modifying mineral lease provisions; modifying authority of Executive
Council; authorizing rulemaking; appropriating money; amending Minnesota
Statutes 2010, sections 9.071; 84.027, subdivision 15; 84.0272, subdivision
1; 84.0895, subdivision 7; 84.631; 84.67; 84.91, subdivision 1; 84D.05,
subdivision 1; 85.018, subdivision 2; 85.055, subdivision 2; 85.20, subdivision
1; 85.46, subdivision 1; 85A.04, subdivision 1; 86B.331, subdivision 1; 90.031,
subdivision 4; 92.45; 92.50, subdivision 1; 93.17, subdivision 3; 93.1925,
subdivision 1; 93.20, subdivisions 2, 30, 38; 93.2236; 93.25, subdivision 2,
by adding a subdivision; 97A.401, subdivision 1; 97A.421, subdivision 4a;
103A.43; 103B.101, subdivisions 2, 7, 10, by adding subdivisions; 103B.311,
subdivision 4; 103B.3363, by adding a subdivision; 103B.3369; 103B.355;
103G.2241, subdivision 9; 103G.2242, subdivision 3; 103G.245, subdivision 3;
103G.271, subdivision 1; 103G.291, subdivisions 3, 4; 103G.301, subdivisions
2, 4, 5, 5a; 103G.611, by adding a subdivision; 103H.175, subdivision 3; 115.01,
by adding a subdivision; 115.06, subdivision 4; 115.073; 115.42; 115A.15,
subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557, subdivision
4; 115D.08; 116.011; 116.02, subdivisions 1, 2, 3, 4, 6; 116.03, subdivision 1;
116.06, subdivision 22; 116.07, by adding a subdivision; 116.0714; 116.10;
116C.833, subdivision 2; 116D.04, by adding a subdivision; 216C.055; 216H.07,
subdivision 3; 473.149, subdivisions 1, 6; 473.846; Minnesota Statutes 2011
Supplement, sections 84.027, subdivision 14a; 84D.01, subdivision 15a; 84D.03,
subdivision 3; 84D.09, subdivision 2; 84D.10, subdivisions 1, 4; 84D.105,
subdivision 2; 84D.13, subdivision 5; 97C.341; 103G.222, subdivision 1;
103G.615, subdivisions 1, 2; 115A.1320, subdivision 1; 116.03, subdivision 2b;
116D.04, subdivision 2a; Laws 2007, chapter 57, article 1, section 4, subdivision
2, as amended; Laws 2010, chapter 362, section 2, subdivision 7; Laws 2011,
First Special Session chapter 2, article 1, section 4, subdivision 7; Laws 2011,
First Special Session chapter 6, article 3, section 8, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 84; 86B; 92; 103B; 103G;
115; 115A; 161; 574; repealing Minnesota Statutes 2010, sections 84.946,
subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.4742, subdivision 4;
103G.705; 115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 116.02,
subdivisions 7, 8; 216H.07, subdivision 4; Minnesota Statutes 2011 Supplement,
sections 86B.508; 86B.811, subdivision 1a; Laws 2011, chapter 107, section 105;
Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3;
7021.0050, subparts 1, 2, 3; 7041.0500, subparts 5, 6, 7.

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

Section 1.

Minnesota Statutes 2010, section 9.071, is amended to read:

9.071 SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.

The council has the powers with respect to:

(1) timberlands provided in sections 90.031, 90.041, and 90.151;

(2) lands acquired from the United States provided in section 94.50;

(3) lands subject to delinquent drainage assessments provided in section 84A.20;

(4) transfer of lands between departments of state government provided in section
15.16;

(5) sale or exchange of lands within national forests provided in sections 92.30
and 92.31;

(6) approval of acquisition of land for camping or parking area provided in sections
97A.135 and 97A.141; new text begin and
new text end

deleted text begin (7) awarding leases to prospect for iron ore provided in section 93.17;
deleted text end

deleted text begin (8) approval of rules for issuance of leases to prospect for minerals under state
lands provided in section 93.25; and
deleted text end

deleted text begin (9) deleted text end new text begin (7) new text end construction of dams provided in section 103G.545.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 84.027, subdivision 14a, is
amended to read:

Subd. 14a.

Permitting efficiency.

(a) It is the goal of the state that environmental
and resource management permits be issued or denied within 150 days of the submission
of a substantially completed permit application. The commissioner of natural resources
shall establish management systems designed to achieve the goal.

(b) The commissioner shall prepare semiannual permitting efficiency reports that
include statistics on meeting the goal in paragraph (a). The reports are due February 1
and August 1 each year. For permit applications that have not met the goal, the report
must state the reasons for not meeting the goal, steps that will be taken to complete action
on the application, and the expected timeline. In stating the reasons for not meeting the
goal, the commissioner shall separately identify delays caused by the responsiveness of
the proposer, lack of staff, scientific or technical disagreements, or the level of public
engagement. The report must specify the number of days from initial submission of the
application to the day of determination that the application is complete. The report for
August 1 each year must aggregate the data for the year and assess whether program
or system changes are necessary to achieve the goal. The report must be posted on the
department's Web site and submitted to the governor and the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
natural resources policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

(d) Beginning July 1, 2011, within 30 business days of application for a permit
subject to paragraph (a), the commissioner of natural resources shall notify the project
proposer, in writing, of whether or not the permit application is complete enough for
processing. If the permit is incomplete, the commissioner must identify where deficiencies
exist and advise the applicant on how they can be remedied. A resubmittal of the
application begins a new 30-day review period. If the commissioner fails to notify the
project proposer of completeness within 30 business days, the application is deemed to be
substantially complete and subject to the 150-day permitting review period in paragraph
(a) from the date it was submitted. This paragraph does not apply to an application for a
permit that is subject to a grant or loan agreement under chapter 446A.

new text begin (e) The commissioner shall approve or deny within 60 days an application for a
minor permit or a minor permit amendment. Failure of the commissioner to deny an
application for a minor permit or minor permit amendment within 60 days is approval of
the permit. If the commissioner receives an application that does not contain all required
information, the 60-day limit starts over only if the commissioner notifies the applicant
as required under paragraph (d).
new text end

new text begin (f) By July 1, 2012, the commissioner shall review all types of permits issued by the
department, determine the permit and amendment types the commissioner deems minor
for purposes of paragraph (e), and post a list of the permit and amendment types on the
department's Web site. The commissioner shall periodically review, update, and post the
list of permits and permit amendment types subject to paragraph (e) at least every five
years. Permits and permit amendments may not be deemed minor under this paragraph
if approval of a permit or permit amendment according to paragraph (e) would be in
violation of federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (f) is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
training certification, registration, or transfer under the jurisdiction of the commissioner
by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:

(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;

(2) assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or registration until
the license or registration is received or expires;

(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;

(4) charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic
bank card transaction in person must post a sign informing individuals of the fee. The
sign must be near the point of payment, clearly visible, include the amount of the fee, and
state: "License agents are allowed by state law to charge a fee not to exceed three percent
of the cost of state licenses to persons who use electronic bank cards for payment. The
fee is not required by state law.";

(5) establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and

(6) adopt rules to administer the provisions of this subdivision.

(b) The fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking procedures
of chapter 14 and section 14.386 does not apply.

(c) Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.

new text begin (d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
electronic transaction, regardless of whether all or any part of the biennial appropriation
law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
has not been enacted to appropriate money to the commissioner of management and
budget for central accounting, procurement, payroll, and human resources functions,
amounts necessary to operate those functions for the purpose of this paragraph are
appropriated from the general fund to the commissioner of management and budget.
As necessary, the commissioner may transfer a portion of this appropriation to other
state agencies to support carrying out these functions. Any subsequent appropriation to
the commissioner of management and budget for a biennium in which this section is
applicable supersedes and replaces the funding authorized in this paragraph.
new text end

Sec. 4.

Minnesota Statutes 2010, section 84.0272, subdivision 1, is amended to read:

Subdivision 1.

Acquisition procedure.

new text begin (a) new text end When the commissioner of natural
resources is authorized to acquire lands or interests in lands the procedure set forth in this
section shall apply. The commissioner of natural resources shall first prepare a fact sheet
showing the lands to be acquired, the legal authority for their acquisition, and the qualities
of the land that make it a desirable acquisition. The commissioner of natural resources
shall deleted text begin cause deleted text end new text begin appraise the lands or contract to have new text end the lands deleted text begin to be deleted text end appraised. An appraiser
shall before entering upon the duties of office take and subscribe an oath to faithfully and
impartially discharge the duties as appraiser according to the best of the appraiser's ability
and that the appraiser is not interested directly or indirectly in any of the lands to be
appraised or the timber or improvements thereon or in the sale thereof and has entered into
no agreement or combination to purchase the same or any part thereof, which oath shall
be attached to the report of the appraisal. new text begin New appraisals may be made at the discretion
of the commissioner of natural resources.
new text end

new text begin (b) For fee title acquisitions, new text end the commissioner of natural resources may pay less
than the appraised value, but shall not agree to pay more than deleted text begin ten deleted text end new text begin 20 new text end percent above the
deleted text begin appraised deleted text end new text begin county assessor's estimated market new text end value new text begin or ten percent above appraised value,
whichever is less new text end , deleted text begin except that if the commissioner pays less than the appraised value for
a parcel of land, the difference between the purchase price and the appraised value may
be used to apply to purchases at more than the appraised value. The sum of accumulated
differences between appraised amounts and purchases for more than the appraised
amount may not exceed the sum of accumulated differences between appraised amounts
and purchases for less than the appraised amount. New appraisals may be made at the
discretion of the commissioner of natural resources. deleted text end new text begin unless the commissioner determines
that the acquisition is a high priority because the land is adjacent to other public land,
would conserve a high degree of biological diversity, or is otherwise a high priority for the
department. The commissioner shall document the reason for the determination in writing.
new text end

new text begin (c) For acquisitions that are for less than fee title, the commissioner shall not pay
more than ten percent above appraised value when acquiring an easement or other interest
in land that is less than fee title.
new text end

Sec. 5.

Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:

Subd. 7.

General exceptions.

(a) The commissioner may new text begin issue permits and
new text end prescribe conditions for an act otherwise prohibited by subdivision 1 if:

(1) the act is for the purpose of zoological, educational, or scientific study;

(2) the act enhances the propagation or survival of the affected species;

(3) the act prevents injury to persons or property; or

(4) the social and economic benefits of the act outweigh the harm caused by it.

(b) new text begin The commissioner may issue a general permit to a governmental subdivision or
to the general public to conduct one or more acts described in paragraph (a).
new text end

new text begin (c) new text end A member of an endangered species may not be destroyed under new text begin paragraph (a), new text end
clause (3) or (4) new text begin , new text end until all alternatives, including live trapping and transplantation, have
been evaluated and rejected. The commissioner may prescribe conditions to propagate
a species or subspecies.

deleted text begin (c) deleted text end new text begin (d) new text end A person may capture or destroy a member of an endangered species, without
permit, to avoid an immediate and demonstrable threat to human life or property.

deleted text begin (d) deleted text end new text begin (e) new text end The commissioner must give approval under this subdivision for forest
management, including permit, sale, or lease of land for timber harvesting.

Sec. 6.

Minnesota Statutes 2010, section 84.631, is amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

(a) Except as provided in section 85.015, subdivision 1b, the commissioner new text begin of natural
resources new text end , on behalf of the state, may convey a road easement across state land under the
commissioner's jurisdiction deleted text begin other than school trust land, deleted text end to a private person requesting an
easement for access to property owned by the person only if the following requirements
are met: (1) there are no reasonable alternatives to obtain access to the property; and (2)
the exercise of the easement will not cause significant adverse environmental or natural
resource management impacts.

(b) The commissioner shall:

(1) require the applicant to pay the market value of the easement;

new text begin (2) limit the easement term to 50 years if the road easement is across school trust
land;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end provide that the easement reverts to the state in the event of nonuse; and

deleted text begin (3) deleted text end new text begin (4) new text end impose other terms and conditions of use as necessary and appropriate under
the circumstances.

(c) An applicant shall submit an application fee of $2,000 with each application
for a road easement across state land. The application fee is nonrefundable, even if the
application is withdrawn or denied.

(d) In addition to the payment for the market value of the easement and the
application fee, the commissioner of natural resources shall assess the applicant a
monitoring fee to cover the projected reasonable costs for monitoring the construction of
the road and preparing special terms and conditions for the easement. The commissioner
must give the applicant an estimate of the monitoring fee before the applicant submits
the fee. The applicant shall pay the application and monitoring fees to the commissioner
of natural resources. The commissioner shall not issue the easement until the applicant
has paid in full the application fee, the monitoring fee, and the market value payment for
the easement.

(e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.

(f) Fees collected under paragraphs (c) and (d) must be credited to the land
management account in the natural resources fund and are appropriated to the
commissioner of natural resources to cover the reasonable costs incurred under this section.

Sec. 7.

Minnesota Statutes 2010, section 84.67, is amended to read:

84.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.

A forests for the future revolving account is created in the natural resources fund.
Money in the account is appropriated to the commissioner of natural resources for the
acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
The commissioner shall sell the lands acquired under this section, subject to an easement
as provided in section 84.66. Money received from the sale of forest lands acquired
under this section and interest earned on the account shall be deposited into the account.
deleted text begin The commissioner must file a report to the house of representatives Ways and Means
and the senate Finance Committees and the environment and natural resources finance
committees or divisions of the senate and house of representatives by October 1 of each
year indicating all purchases of forest land using money from this account and sales of
forest land for which revenue is deposited into this account.
deleted text end

Sec. 8.

new text begin [84.76] APPRENTICE RIDER VALIDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "accompanied by" means
within a distance of another person that permits uninterrupted visual contact and verbal
communication.
new text end

new text begin Subd. 2. new text end

new text begin Apprentice rider requirements. new text end

new text begin Notwithstanding sections 84.793,
84.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a
required safety certificate may participate in up to two trail-riding events sponsored by the
commissioner in state parks, state trails, state recreation areas, and state forests that are
designed to involve apprentice riders. The person must be accompanied by an adult with a
valid safety certificate. All vehicles must be properly registered for use in Minnesota.
new text end

Sec. 9.

Minnesota Statutes 2010, section 84.91, subdivision 1, is amended to read:

Subdivision 1.

Acts prohibited.

(a) No owner or other person having charge or
control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
the person knows or has reason to believe is under the influence of alcohol or a controlled
substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
this state or on the ice of any boundary water of this state.

(b) No owner or other person having charge or control of any snowmobile or
all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
any physical or mental disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
water of this state.

(c) A person who operates or is in physical control of a snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state is subject
to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person
who is convicted of violating section 169A.20 or an ordinance in conformity with it
while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a
lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance
in conformity with it, shall be prohibited from operating deleted text begin the deleted text end new text begin a new text end snowmobile or all-terrain
vehicle for a period of one year. The commissioner shall notify the person of the time
period during which the person is prohibited from operating a snowmobile or all-terrain
vehicle.

(d) Administrative and judicial review of the operating privileges prohibition is
governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as defined in section 169A.03.
Otherwise, administrative and judicial review of the prohibition is governed by section
169A.53.

(e) The court shall promptly forward to the commissioner and the Department of
Public Safety copies of all convictions and criminal and civil sanctions imposed under this
section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
all-terrain vehicle during the time period the person is prohibited from operating a vehicle
under paragraph (c) is guilty of a misdemeanor.

Sec. 10.

Minnesota Statutes 2011 Supplement, section 84D.01, subdivision 15a,
is amended to read:

Subd. 15a.

Service provider.

"Service provider" means an individual who new text begin or entity
that new text end installs or removes water-related equipment or structures from waters of the state
for hire new text begin or as a service provided as a benefit of membership in a yacht club, boat club,
marina, or similar organization new text end . Service provider does not include a person working
under the supervision of an individual with a valid service provider permit issued under
section 84D.108.

Sec. 11.

Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is
amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
(b) and section 97C.341.

(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; deleted text begin and
deleted text end

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length new text begin ; and
new text end

new text begin (3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
suckers for bait from streams or rivers designated as infested waters, by hook and line for
noncommercial personal use. Other provisions that apply to this clause are:
new text end

new text begin (i) fish taken under this clause must be used on the same body of water where caught
and while still on that water body;
new text end

new text begin (ii) fish taken under this clause may not be transported live from or off the water
body;
new text end

new text begin (iii) fish harvested under this clause may only be used in accordance with this
section. Any other use of wild animals used for bait from infested waters is prohibited;
new text end

new text begin (iv) fish taken under this clause must meet all other size restrictions and requirements
as established in rules; and
new text end

new text begin (v) all species listed under this clause shall be included in the person's daily limit as
established in rules, if applicable new text end .

(c) Equipment authorized for minnow harvest in a designated infested water by
permit issued under paragraph (b) may not be transported to, or used in, any waters other
than waters specified in the permit.

Sec. 12.

Minnesota Statutes 2010, section 84D.05, subdivision 1, is amended to read:

Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase,
sell, propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the
commissioner may direct, in a sealed container for purposes of identifying the species
or reporting the presence of the species;

(5) when being transported for disposal as part of a harvest or control activity
new text begin when specifically authorized new text end under a permit issued by the commissioner according to
section 103G.615, when being transported for disposal as specified under a commercial
fishing license issued by the commissioner according to section 97A.418, 97C.801,
97C.811, 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
commissioner;

(6) when the specimen has been lawfully acquired dead and, in the case of plant
species, all seeds are removed or are otherwise secured in a sealed container;

(7) in the form of herbaria or other preserved specimens;

(8) when being removed from watercraft and equipment, or caught while angling,
and immediately returned to the water from which they came; or

(9) as the commissioner may otherwise prescribe by rule.

Sec. 13.

Minnesota Statutes 2011 Supplement, section 84D.09, subdivision 2, is
amended to read:

Subd. 2.

Exceptions.

Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

(2) for disposal as part of a harvest or control activity deleted text begin conducted deleted text end new text begin when specifically
authorized new text end under an aquatic plant management permit pursuant to section 103G.615, under
permit pursuant to section 84D.11, or as specified by the commissioner;

(3) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;

(4) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;

(5) when harvested for personal or commercial use if in a motor vehicle;

(6) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;

(7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;

(8) that are wild rice harvested under section 84.091;

(9) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season; or

(10) when removing water-related equipment from waters of the state for purposes
of cleaning off aquatic macrophytes before leaving a water access site.

Sec. 14.

Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 1, is
amended to read:

Subdivision 1.

Launching prohibited.

A person may not place or attempt to place
into waters of the state deleted text begin a watercraft, a trailer, or deleted text end new text begin water-related equipment, including new text end aquatic
plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or
prohibited invasive species attached except as provided in this section.

Sec. 15.

Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 4, is
amended to read:

Subd. 4.

Persons transporting water-related equipment.

(a) When leaving waters
of the state a person must drain water-related equipment holding water and live wells and
bilges by removing the drain plug before transporting the water-related equipment off
the water access site or riparian property.

(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
water-related equipment.

(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.

(d) Portable bait containers used by licensed aquatic farms new text begin , portable bait containers
when fishing through the ice except on waters designated infested for viral hemorrhagic
septicemia, new text end and marine sanitary systems are exempt from this subdivision.

(e) A person must not dispose of bait in waters of the state.

new text begin (f) A boat lift, dock, swim raft, or associated equipment that has been removed
from any water body may not be placed in another water body until a minimum of 21
days have passed.
new text end

Sec. 16.

Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
amended to read:

Subd. 2.

Inspector authority.

(a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water. new text begin The commissioner may delegate inspection authority as provided
under paragraph (b) or (g) to tribal and local governments that assume all legal, financial,
and administrative responsibilities for inspection programs on public waters within their
jurisdiction.
new text end

(b) Inspectors may visually and tactilely inspect watercraft and water-related
equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
is present. If a person transporting watercraft or water-related equipment refuses to
take required corrective actions or fails to comply with an order under section 84D.10,
subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
to a conservation officer or other licensed peace officer.

(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site, any other public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is reason to believe
that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.

(d) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

new text begin (e) Conservation officers or other licensed peace officers may order water-related
equipment to be removed from a water body if the commissioner determines such action is
needed to implement aquatic invasive species control measures.
new text end

new text begin (f) The commissioner may require mandatory inspections of water-related equipment
before a person places the water-related equipment into a water body. Inspection stations
may be located at or near public water accesses or in locations that allow for servicing
multiple water bodies. The commissioner shall ensure that inspection stations:
new text end

new text begin (1) have adequate staffing to minimize delays to vehicles and their occupants;
new text end

new text begin (2) allow for reasonable travel times between public accesses and inspection stations
if inspection is required before placing water-related equipment into a water body;
new text end

new text begin (3) are located so as not to create traffic delays or public safety issues;
new text end

new text begin (4) have decontamination equipment available to bring water-related equipment
into compliance; and
new text end

new text begin (5) do not reduce the capacity or hours of operation of public water accesses.
new text end

new text begin (g) The commissioner may authorize tribal and local governments to conduct
mandatory inspections of water-related equipment at specified locations within a defined
area before a person places the water-related equipment into a water body. Tribal and local
governments that are authorized to conduct inspections under this paragraph must:
new text end

new text begin (1) assume all legal, financial, and administrative responsibilities for implementing
the mandatory inspections, alone or in agreement with other tribal or local governments;
new text end

new text begin (2) employ inspectors that have been trained and authorized by the commissioner;
new text end

new text begin (3) conduct inspections and decontamination measures in accordance with guidelines
approved by the commissioner;
new text end

new text begin (4) have decontamination equipment available at inspection stations to bring
water-related equipment into compliance;
new text end

new text begin (5) provide for inspection station locations that do not create traffic delays or public
safety issues; and
new text end

new text begin (6) submit a plan approved by the commissioner according to paragraph (h).
new text end

new text begin (h) Plans required under paragraph (g) must address:
new text end

new text begin (1) no reduction in capacity or hours of operation of public accesses and fees that
do not discourage or limit use;
new text end

new text begin (2) reasonable travel times between public accesses and inspection stations;
new text end

new text begin (3) adequate staffing to minimize wait times and provide adequate hours of operation
at inspection stations and public accesses;
new text end

new text begin (4) adequate enforcement capacity;
new text end

new text begin (5) measures to address inspections of water-related equipment at public water
accesses for commercial entities and private riparian land owners; and
new text end

new text begin (6) other elements as required by the commissioner to ensure statewide consistency,
appropriate inspection and decontamination protocols, and protection of the state's
resources, public safety, and access to public waters.
new text end

new text begin (i) A government unit authorized to conduct inspections under this subdivision must
submit an annual report to the commissioner summarizing the results and issues related
to implementing the inspection program.
new text end

Sec. 17.

Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
amended to read:

Subd. 5.

Civil penalties.

new text begin (a) new text end A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, $50;

(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, $100;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $250;

(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not designated by the
commissioner as being infested with that invasive species, $500 deleted text begin for the first offense and
$1,000 for each subsequent offense deleted text end ;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;

(6) for failing to remove plugs, open valves, and drain water from water-related
equipment, other than marine sanitary systems, before leaving waters of the state, $50; and

(7) for transporting infested water off riparian property without a permit as required
by rule, $200.

new text begin (b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).
new text end

Sec. 18.

Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:

Subd. 2.

Authority of local government.

(a) A local government unit that receives
state grants-in-aid for any trail, with the concurrence of the commissioner, and the
landowner or land lessee, may:

(1) designate the trail for use by snowmobiles or for nonmotorized use from
December 1 to April 1 of any year; and

(2) issue any permit required under subdivisions 3 to 5.

(b) A local government unit that receives state grants-in-aid under section 84.794,
subdivision 2, 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
concurrence of the commissioner, and landowner or land lessee, may:

(1) designate the trail specifically for use at various times of the year by all-terrain or
off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use deleted text begin , but not for motorized and nonmotorized
use at the same time deleted text end ; and

(2) issue any permit required under subdivisions 3 to 5.

(c) A local unit of government that receives state grants-in-aid for any trail, with the
concurrence of the commissioner and landowner or land lessee, may designate certain trails
for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.

Sec. 19.

Minnesota Statutes 2010, section 85.055, subdivision 2, is amended to read:

Subd. 2.

Fee deposit and appropriation new text begin ; continued operation new text end .

new text begin (a) new text end The fees
collected under this section shall be deposited in the natural resources fund and credited
to the state parks account. Money in the account, except for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15, is available for appropriation to the commissioner to operate and maintain the state
park system.

new text begin (b) State parks and recreation areas shall remain open for camping and other
recreational activities, regardless of whether all or any part of the biennial appropriation
law for the state parks and recreation areas has been enacted. The amount necessary for
operations of state parks and recreation areas when the biennial appropriation law has not
been enacted is appropriated from the state parks account in the natural resources fund. If,
by July 1 of an odd-numbered year, legislation has not been enacted to appropriate money
to the commissioner of management and budget for central accounting, procurement,
payroll, and human resources functions, amounts necessary to operate those functions for
the purpose of this paragraph are appropriated from the general fund to the commissioner
of management and budget. As necessary, the commissioner may transfer a portion of
this appropriation to other state agencies to support carrying out these functions. Any
subsequent appropriation to the commissioner of management and budget for a biennium
in which this paragraph has been applied supersedes and replaces the funding authorized
in this paragraph.
new text end

Sec. 20.

Minnesota Statutes 2010, section 85.20, subdivision 1, is amended to read:

Subdivision 1.

Violation of rules.

new text begin (a) new text end Any person who, within the limits of any deleted text begin state
park, state monument, state recreation area, state wayside, or area of state land reserved
from sale, as provided by Laws 1923, chapter 430 deleted text end new text begin outdoor recreation unit established in
chapter 86A new text end , shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen,
or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface,
or mutilate any guideboard, guidepost, furniture, fixture, improvement, monument,
tablet, or other property of the state of any kind, or who shall willfully violate, or fail
to comply with, any rule of the commissioner adopted deleted text begin and promulgated in accordance
with the provisions of Laws 1923, chapter 430, shall be deleted text end new text begin according to section 86A.06, is new text end
guilty of a new text begin petty new text end misdemeanor.

new text begin (b) Violations under paragraph (a) adopted for wildlife management areas described
in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law
penalties defined in section 97A.301, subdivision 1, clause (6).
new text end

new text begin (c) If a different penalty is provided in another section of law for the violation and
the person is charged under that section of law, the penalty specified for the violation
will control over the penalty specified in paragraphs (a) and (b). Violations relating to
the taking of wild animals are subject to the penalties as specified in the game and fish
laws described in section 97A.011.
new text end

Sec. 21.

Minnesota Statutes 2010, section 85.46, subdivision 1, is amended to read:

Subdivision 1.

Pass in possession.

(a) Except as provided in paragraph (b), while
riding, leading, or driving a horse on lands administered by the commissioner, except
forest roads and forest roads rights-of-way, a person 16 years of age or over shall carry in
immediate possession a valid horse pass. The pass must be available for inspection by a
peace officer, a conservation officer, or an employee designated under section 84.0835. new text begin A
person who violates any provision of this subdivision is guilty of a petty misdemeanor.
new text end

(b) A valid horse pass is not required under this section for a person riding, leading,
or driving a horse on property that is owned by the person or the person's spouse, child,
parent, or guardian.

Sec. 22.

Minnesota Statutes 2010, section 85A.04, subdivision 1, is amended to read:

Subdivision 1.

Deposit new text begin ; continued operation new text end .

new text begin (a) new text end All receipts from parking and
admission to the Minnesota Zoological Garden shall be deposited in the state treasury
and credited to an account in the special revenue fund, and are annually appropriated to
the board for operations and maintenance.

new text begin (b) The Minnesota Zoological Garden shall remain open, regardless of whether all
or any part of the biennial appropriation law for the zoo has been enacted. Appropriations
under this section shall be used for operations of the zoo when the biennial appropriation
law has not been enacted. If, by July 1 of an odd-numbered year, legislation has not been
enacted to appropriate money to the commissioner of management and budget for central
accounting, procurement, payroll, and human resources functions, amounts necessary to
operate those functions for the purpose of this paragraph are appropriated from the general
fund to the commissioner of management and budget. As necessary, the commissioner
may transfer a portion of this appropriation to other state agencies to support carrying out
these functions. Any subsequent appropriation to the commissioner of management and
budget for a biennium in which this paragraph has been applied supersedes and replaces
the funding authorized in this paragraph.
new text end

Sec. 23.

new text begin [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish a statewide course
in preventing the spread of aquatic invasive species. The commissioner must develop an
educational course and testing program that address identification of aquatic invasive
species and best practices to prevent the spread of aquatic invasive species when moving
water-related equipment, as defined under section 84D.01, subdivision 18a.
new text end

new text begin Subd. 2. new text end

new text begin Aquatic invasive species trailer decal. new text end

new text begin The commissioner shall issue an
aquatic invasive species trailer decal to a person that satisfactorily completes the required
course of instruction.
new text end

new text begin Subd. 3. new text end

new text begin Contracting for services. new text end

new text begin The commissioner may contract for services to
provide training and testing services under this section.
new text end

Sec. 24.

Minnesota Statutes 2010, section 86B.331, subdivision 1, is amended to read:

Subdivision 1.

Acts prohibited.

(a) An owner or other person having charge or
control of a motorboat may not authorize or allow an individual the person knows or has
reason to believe is under the influence of alcohol or a controlled or other substance to
operate the motorboat in operation on the waters of this state.

(b) An owner or other person having charge or control of a motorboat may not
knowingly authorize or allow a person, who by reason of a physical or mental disability
is incapable of operating the motorboat, to operate the motorboat in operation on the
waters of this state.

(c) A person who operates or is in physical control of a motorboat on the waters
of this state is subject to chapter 169A. In addition to the applicable sanctions under
chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance
in conformity with it while operating a motorboat, shall be prohibited from operating
deleted text begin the deleted text end new text begin a new text end motorboat on the waters of this state for a period of 90 days between May 1 and
October 31, extending over two consecutive years if necessary. If the person operating the
motorboat refuses to comply with a lawful demand to submit to testing under sections
169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited
from operating deleted text begin the deleted text end new text begin a new text end motorboat for a period of one year. The commissioner shall notify
the person of the period during which the person is prohibited from operating a motorboat.

(d) Administrative and judicial review of the operating privileges prohibition is
governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as defined in section 169A.03.
Otherwise, administrative and judicial review of the prohibition is governed by section
169A.53.

(e) The court shall promptly forward to the commissioner and the Department of
Public Safety copies of all convictions and criminal and civil sanctions imposed under this
section and chapters 169 and 169A relating to motorboats.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor.

(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

Sec. 25.

Minnesota Statutes 2010, section 90.031, subdivision 4, is amended to read:

Subd. 4.

Timber rules.

The Executive Council may formulate and establish,
from time to time, rules it deems advisable for the transaction of timber business of the
state deleted text begin , including approval of the sale of timber on any tract in a lot exceeding 6,000 cords
in volume when the sale is in the best interests of the state deleted text end , and may abrogate, modify,
or suspend rules at its pleasure.

Sec. 26.

Minnesota Statutes 2010, section 92.45, is amended to read:

92.45 STATE LAND ON deleted text begin MEANDERED LAKES WITHDRAWN FROM SALE deleted text end new text begin
PUBLIC WATERS new text end .

deleted text begin All state lands bordering on or adjacent to meandered lakes and other public waters
and watercourses, with the live timber growing on them, are withdrawn from sale except
as provided in this section. The commissioner of natural resources may sell the timber as
otherwise provided by law for cutting and removal under conditions the commissioner
prescribes. The conditions must be in accordance with approved, sustained-yield forestry
practices. The commissioner must reserve the timber and impose other conditions the
commissioner deems necessary to protect watersheds, wildlife habitat, shorelines, and
scenic features. deleted text end new text begin (a) new text end Within the area in Cook, Lake, and St. Louis Counties described in
the Act of Congress approved July 10, 1930, (Statutes at Large, volume 46, page 1020),
the timber on state lands is subject to restrictions like those now imposed by the act on
federal lands.

new text begin (b) new text end The following land is reserved for public travel: of all new text begin state-owned new text end land
bordering on or adjacent to meandered lakes and other public waters and watercourses
deleted text begin and withdrawn from sale deleted text end , a strip two rods wide, the ordinary high-water mark being
its waterside boundary, and its landside boundary a line drawn parallel to the ordinary
high-water mark and two rods distant landward from it. Wherever the conformation of the
shore line or conditions require, the commissioner must reserve a wider strip.

deleted text begin Except for sales under section 282.018, subdivision 1, when a state agency or any
other unit of government requests the legislature to authorize the sale of state lands
bordering on or adjacent to meandered lakes and other public waters and watercourses, the
commissioner shall evaluate the lands and their public benefits and make recommendations
on the proposed dispositions to the committees of the legislature with jurisdiction
over natural resources. The commissioner shall include any recommendations of the
commissioner for disposition of lands withdrawn from sale under this section over which
the commissioner has jurisdiction. The commissioner's recommendations may include a
public sale, sale to a private party, acquisition by the commissioner for public purposes,
retention of a conservation easement for shoreland preservation by the commissioner
under chapter 84C, or a cooperative management agreement with, or transfer to, another
unit of government.
deleted text end

new text begin (c) new text end The commissioner may sell state lands bordering on or adjacent to the Mississippi
River or any lakes, waters, and watercourses in its bottom lands, desired or needed by the
United States government for, or in connection with, any project heretofore authorized
by Congress, to improve navigation in the Mississippi River at public sale according
to law, as in other cases, upon application by an authorized United States official. The
application must describe the land and include a map showing its location with reference
to adjoining properties.

Sec. 27.

Minnesota Statutes 2010, section 92.50, subdivision 1, is amended to read:

Subdivision 1.

Lease terms.

(a) The commissioner of natural resources may lease
land under the commissioner's jurisdiction and control:

(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;

(2) to store ore, waste materials from mines, or rock and tailings from ore milling
plants;

(3) for roads or railroads; or

(4) for other uses consistent with the interests of the state.

(b) The commissioner shall offer the lease at public or private sale for an amount
and under terms and conditions prescribed by the commissioner. deleted text begin Commercial leases for
more than ten years and leases for removal of peat that cover 320 or more acres must be
approved by the Executive Council.
deleted text end

(c) The lease term may not exceed deleted text begin ten deleted text end new text begin 21 new text end years except:

(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
tailings from ore milling plants, or for the removal of peat new text begin for nonagricultural purposes
new text end may not exceed a term of 25 years; new text begin and
new text end

deleted text begin (2) leases for the use of peat lands for agricultural purposes may not exceed 21
years; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end leases for commercial purposes, including major resort, convention center, or
recreational area purposes, may not exceed a term of 40 years.

(d) Leases must be subject to sale and leasing of the land for mineral purposes and
contain a provision for cancellation for just cause at any time by the commissioner upon
six months' written notice. A longer notice period, not exceeding three years, may be
provided in leases for storing ore, waste materials from mines or rock or tailings from ore
milling plants. The commissioner may determine the terms and conditions, including the
notice period, for cancellation of a lease for the removal of peat and commercial leases.

(e) Money received from leases under this section must be credited to the fund to
which the land belongs.

Sec. 28.

new text begin [92.80] CREATION OF CHILDREN'S STATE FOREST.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and scope. new text end

new text begin (a) This section facilitates the expedited
exchange of state-owned lands located within the Boundary Waters Canoe Area
Wilderness.
new text end

new text begin (b) For land exchanges under this section, sections 94.342 to 94.347 apply only to
the extent specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Classes of land; definitions. new text end

new text begin The classes of state land that may be involved
in an expedited exchange under this section are:
new text end

new text begin (1) school trust land as defined in section 92.025;
new text end

new text begin (2) university land granted to the state by acts of Congress;
new text end

new text begin (3) all other lands acquired by the state in any manner and under the control of
the commissioner of natural resources; and
new text end

new text begin (4) all lands acquired by the state through tax forfeiture, held subject to a trust in
favor of the taxing districts, and under the control of county authorities for classification,
appraisal, and sale.
new text end

new text begin Subd. 3. new text end

new text begin Priority. new text end

new text begin An exchange of state land under this section shall give priority to
exchanges that provide the most opportunity for revenue generation for the permanent
school fund, and priority shall be given to lands within the Superior National Forest in
the Mesabi Purchase Unit in St. Louis County and in the following townships in St.
Louis County:
new text end

new text begin (1) Township 59 North, Range 14 West;
new text end

new text begin (2) Township 59 North, Range 13 West;
new text end

new text begin (3) Township 60 North, Range 13 West; and
new text end

new text begin (4) Township 60 North, Range 12 West.
new text end

new text begin Subd. 4. new text end

new text begin Valuation of land. new text end

new text begin (a) In an exchange of school trust land, university land,
or other land under the control of the commissioner of natural resources for land owned
by the United States, the examination and value determination of the land shall be done
in a manner as agreed to between the commissioner and the authorized representative of
the United States.
new text end

new text begin (b) In an exchange of tax-forfeited land for land owned by the United States, the
examination and value determination shall be done in a manner as agreed to between the
county board and the authorized representative of the United States.
new text end

new text begin (c) Notwithstanding section 94.343 or any other law to the contrary, all lands
exchanged under this section shall be exchanged for an equal amount of acres of land and
shall, through exchanges that reunite mineral rights with surface ownership and other
means, provide as close to an equal land value exchange as possible.
new text end

new text begin Subd. 5. new text end

new text begin Title. new text end

new text begin Title to the land must be examined to the extent necessary for the
parties to determine that the title is good, with any encumbrances identified. The parties to
the exchange may use title insurance to aid in the determination.
new text end

new text begin Subd. 6. new text end

new text begin Approval by Land Exchange Board. new text end

new text begin In accordance with the Minnesota
Constitution, article XI, section 10, all expedited land exchanges under this section require
the unanimous approval of the Land Exchange Board.
new text end

new text begin Subd. 7. new text end

new text begin Conveyance. new text end

new text begin (a) Conveyance of school trust land, university land, or other
land under the control of the commissioner of natural resources shall be made by deed
executed by the commissioner in the name of the state. Conveyance of tax-forfeited land
shall be by a deed executed by the commissioner of revenue in the name of the state.
new text end

new text begin (b) School trust land, university land, and other land under the control of the
commissioner of natural resources and given in exchange are subject to reservations
under section 94.343, subdivision 4, and the Minnesota Constitution, article XI, section
10. Tax-forfeited land given in exchange is subject to reservations under section 94.344,
subdivision 4, and the Minnesota Constitution, article XI, section 10.
new text end

new text begin (c) All deeds shall be recorded or registered in the county in which the lands lie.
new text end

new text begin Subd. 8. new text end

new text begin Land status. new text end

new text begin Except as provided under section 92.81, land received in
exchange for school trust land, university land, or other land under the control of the
commissioner of natural resources is subject to the same trust, if any, and otherwise has
the same status as the land given in exchange. Land received in exchange for tax-forfeited
land is subject to a trust in favor of the governmental subdivision in which it lies and all
laws relating to tax-forfeited land.
new text end

Sec. 29.

new text begin [92.81] CONDEMNATION OF SCHOOL TRUST LAND.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and scope. new text end

new text begin (a) The purpose of this section is to facilitate
the exchange of school trust lands located within the Boundary Waters Canoe Area
Wilderness to the United States.
new text end

new text begin (b) For purposes of this section, "school trust land" has the meaning given under
section 92.025.
new text end

new text begin Subd. 2. new text end

new text begin Commencement of condemnation proceedings. new text end

new text begin When the commissioner
of natural resources has reached agreement with the United States on the exchange of
state-owned land within the wilderness area, the commissioner shall extinguish the school
trust interest by condemnation action when necessary to facilitate the agreement. When
requested by the commissioner, the attorney general shall commence condemnation of the
school trust lands.
new text end

new text begin Subd. 3. new text end

new text begin Valuation. new text end

new text begin Notwithstanding section 117.036, an appraisal of the land is
not required, and the examination and value determination of the school trust land shall
be done in a manner as agreed to between the commissioner of natural resources and the
authorized representative of the United States.
new text end

Sec. 30.

Minnesota Statutes 2010, section 93.17, subdivision 3, is amended to read:

Subd. 3.

Bid acceptance.

(a) At the time and place fixed for the sale, the
commissioner shall publicly announce the number of applications and bids received. The
commissioner shall then publicly open the bids and announce the amount of each bid
separately. Thereafter, the commissioner deleted text begin , together with the Executive Council, deleted text end shall
award the leases to the highest bidders for the respective mining units, but no bids shall
be accepted that do not equal or exceed the minimum amounts provided for in section
93.20, nor shall any bid be accepted that does not comply with the law. The right is
reserved to the state to reject any and all bids.

(b) All applications for leases and bids not accepted at the sale shall become void at
the close of the sale and the payment accompanying the applications and bids shall be
returned to the applicants entitled to them.

(c) Upon the award of a lease, the payment submitted with the application as
provided by subdivision 1 shall be deposited with the commissioner of management
and budget as a fee for the lease.

Sec. 31.

Minnesota Statutes 2010, section 93.1925, subdivision 1, is amended to read:

Subdivision 1.

Conditions required.

When the commissioner finds that the best
interests of the state will be served and the circumstances in clause (1), (2), or (3) exist,
the commissioner deleted text begin , with the approval of the Executive Council, deleted text end may issue an iron ore or
taconite iron ore mining lease through negotiations to an applicant. A lease may be issued
through negotiations under any of the following circumstances:

(1) the state taconite iron ore is adjacent to taconite iron ore owned or leased for
mining purposes by the applicant and the commissioner finds that it is impracticable to
mine the state taconite iron ore except in conjunction with the mining of the adjacent ore;

(2) the lands to be leased are primarily valuable for their natural iron ore content; or

(3) the state's mineral ownership interest in the lands to be leased is an undivided
fractional interest and the applicant holds under control a majority of the remaining
undivided fractional mineral interests in the lands to be leased.

Sec. 32.

Minnesota Statutes 2010, section 93.20, subdivision 2, is amended to read:

Subd. 2.

Term; conditions.

The commissioner of natural resources deleted text begin , with the
approval of the Executive Council, deleted text end may, so far as the commissioner deems advisable in
furtherance of the public interests, fix the term of any lease at any period not exceeding
that hereinafter prescribed, or may include in a lease any other conditions not inconsistent
herewith relating to performance by the lessee or other pertinent matters, provided, that
in case of a lease made pursuant to a permit issued upon public sale, a statement of
such conditions shall be included in the designation of the mining unit affected before
publication of the notice of sale.

Sec. 33.

Minnesota Statutes 2010, section 93.20, subdivision 30, is amended to read:

Subd. 30.

Supplemental agreement.

In case it shall become impossible or
impracticable at any time during the term of this lease to comply with the provisions
hereof relating to sampling, analysis, shipping, or weighing of ore, or in case methods
for any of said operations shall be developed which appear to be superior to those herein
prescribed and which will not result in any loss or disadvantage to the state hereunder,
the commissioner of natural resources deleted text begin , with the approval of the Executive Council, deleted text end may
make a supplemental agreement with the part..... of the second part, modifying this lease
so as to authorize the adoption of such other methods for any of said operations so far as
deemed expedient.

Sec. 34.

Minnesota Statutes 2010, section 93.20, subdivision 38, is amended to read:

Subd. 38.

Lease modification.

Any state iron ore mining lease heretofore or
hereafter issued and in force may be modified by the commissioner of natural resources deleted text begin ,
with the approval of the Executive Council, deleted text end upon application of the holder of the lease,
by written agreement with the holder, so as to conform with the provisions of the laws in
force at the time of such application with respect to the methods of shipping, weighing,
and analyzing ore and computing royalty thereon, the time of payment of rental and
royalty, the beneficiation or treatment of iron ore and the disposal of concentrates and
residues therefrom, the stockpiling, depositing, or disposal of iron ore or other material,
and the making of statements and reports pertaining to said matters.

Sec. 35.

Minnesota Statutes 2010, section 93.2236, is amended to read:

93.2236 MINERALS MANAGEMENT ACCOUNT.

(a) The minerals management account is created as an account in the natural
resources fund. Interest earned on money in the account accrues to the account. Money in
the account may be spent or distributed only as provided in paragraphs (b) and (c).

(b) If the balance in the minerals management account exceeds $3,000,000 on June
30, the amount exceeding $3,000,000 must be distributed to the permanent school fund
deleted text begin and deleted text end new text begin , new text end the permanent university fund new text begin , and taxing districts as provided in section 93.22,
subdivision 1, paragraph (c) new text end . The amount distributed to each fund must be in the same
proportion as the total mineral lease revenue received in the previous biennium from school
trust lands deleted text begin and deleted text end new text begin , new text end university lands new text begin , and lands held by the state in trust for taxing districts new text end .

(c) Subject to appropriation by the legislature, money in the minerals management
account may be spent by the commissioner of natural resources for mineral resource
management and projects to enhance future mineral income and promote new mineral
resource opportunities.

Sec. 36.

Minnesota Statutes 2010, section 93.25, subdivision 2, is amended to read:

Subd. 2.

Lease requirements.

deleted text begin All leases for nonferrous metallic minerals or
petroleum must be approved by the Executive Council, and any other mineral lease issued
pursuant to this section that covers 160 or more acres must be approved by the Executive
Council. deleted text end new text begin (a) Except as provided in subdivision 2a, new text end the deleted text begin rents, deleted text end royalties, terms, conditions,
and covenants of all such leases shall be fixed by the commissioner according to rules
adopted by the commissioner, but no lease shall be for a longer term than 50 years, and
all deleted text begin rents, deleted text end royalties, terms, conditions, and covenants shall be fully set forth in each lease
issued. The rents and royalties shall be credited to the funds as provided in section 93.22.

new text begin (b) The applicant must submit with the application a certified check, cashier's check,
or bank money order, payable to the Department of Natural Resources, in the sum of
$1,000 as a fee for filing an application for a lease being offered at public sale and in
the sum of $2,000 as a fee for filing an application for a lease through negotiation. The
application fee for a negotiated lease shall not be refunded under any circumstances. The
application fee must be deposited in the minerals management account in the natural
resources fund.
new text end

Sec. 37.

Minnesota Statutes 2010, section 93.25, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Rents. new text end

new text begin The commissioner shall, by written order, establish the schedule
of rental rates of all leases issued under this section. The commissioner shall update the
schedule of rental rates every five years. The schedule of rental rates and any adjustment
to the schedule are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply.
new text end

Sec. 38.

Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:

Subdivision 1.

Commissioner's authority.

The commissioner may issue special
permits for the activities in this section. new text begin A special permit may be issued in the form of a
general permit to a governmental subdivision or to the general public to conduct one or
more activities under subdivisions 2 to 7.
new text end

Sec. 39.

Minnesota Statutes 2010, section 97A.421, subdivision 4a, is amended to read:

Subd. 4a.

Suspension for failure to appear in court or pay a fine or surcharge.

When a court reports to the commissioner that a person new text begin : new text end (1) has failed to appear in court
deleted text begin under the summons issued deleted text end new text begin in response to a notice to appear or fails to comply with other
orders of the court regarding the appearance or proceedings new text end for a violation of the game
and fish laws new text begin ; new text end or (2) has been convicted of violating a provision of the game and fish
laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
and refused or failed to comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit privileges of the person
until notified by the court that the person has appeared in court under clause (1) or that any
fine or surcharge due the court has been paid under clause (2).

Sec. 40.

Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:

97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.

(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. The commissioner may, by written order published in
the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
their use. The order is exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.

(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present deleted text begin , deleted text end new text begin : (1)
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2) new text end except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.

(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:

(1) fresh or frozen bait only on Lake Superior; or

(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.

(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:

(1) water body source;

(2) lot number;

(3) company contact including name, phone, and address;

(4) date of packaging and labeling; and

(5) valid negative fish health certification from the source water body.

Sec. 41.

Minnesota Statutes 2010, section 103A.43, is amended to read:

103A.43 WATER ASSESSMENTS AND REPORTS.

(a) The Environmental Quality Board shall consolidate the assessments required
in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single
report to the house of representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture and the Legislative-Citizen Commission
on Minnesota Resources by September 15, 2010, and every five years thereafter.

(b) The Pollution Control Agency and the Department of Agriculture shall provide deleted text begin a
biennial deleted text end new text begin an new text end assessment and analysis of water quality, groundwater degradation trends, and
efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment
and analysis must include an analysis of relevant monitoring data.

(c) The Department of Natural Resources shall provide an assessment and analysis
of the quantity of surface and ground water in the state and the availability of water to
meet the state's needs.

Sec. 42.

Minnesota Statutes 2010, section 103B.101, subdivision 2, is amended to read:

Subd. 2.

Voting members.

(a) The members are:

(1) three county commissioners;

(2) three soil and water conservation district supervisors;

(3) three watershed district or watershed management organization representatives;

(4) three citizens who are not employed by, or the appointed or elected officials of, a
new text begin state new text end governmental office, board, or agency;

(5) one township officer;

(6) two elected city officials, one of whom must be from a city located in the
metropolitan area, as defined under section 473.121, subdivision 2;

(7) the commissioner of agriculture;

(8) the commissioner of health;

(9) the commissioner of natural resources;

(10) the commissioner of the Pollution Control Agency; and

(11) the director of the University of Minnesota Extension Service.

(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
with at least four members but not more than six members from the metropolitan area,
as defined by section 473.121, subdivision 2 deleted text begin ; and one from each of the current soil and
water conservation administrative regions deleted text end .

(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor.
In making the appointments, the governor may consider persons recommended by
the Association of Minnesota Counties, the Minnesota Association of Townships, the
League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation
Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
association must contain at least three nominees for each position to be filled.

(d) The membership terms, compensation, removal of members and filling of
vacancies on the board for members in paragraph (a), clauses (1) to (6), are as provided
in section 15.0575.

Sec. 43.

Minnesota Statutes 2010, section 103B.101, subdivision 7, is amended to read:

Subd. 7.

Hearings new text begin , orders, new text end and rulemaking.

The board may hold public hearings
and adopt rules new text begin and orders new text end necessary to execute its duties.

Sec. 44.

Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:

new text begin Subd. 8a. new text end

new text begin Bylaws and conflict of interest. new text end

new text begin The board shall adopt bylaws that
include provisions to prevent or address conflict of interest.
new text end

Sec. 45.

Minnesota Statutes 2010, section 103B.101, subdivision 10, is amended to
read:

Subd. 10.

Committee for dispute resolution.

A committee of the board is
established to hear and resolve disputes, appeals, and interventions under sections
103A.301 to 103A.341; new text begin 103B.101; new text end 103B.231; 103B.345; 103D.535; 103D.537; and
103G.2242, subdivision 9. deleted text begin The committee consists of two of the three citizen members;
one county commissioner member; one soil and water conservation district supervisor
member; and one watershed district or watershed management organization representative
member. deleted text end The committee is appointed by the board chair. new text begin The board shall adopt bylaws
governing committee membership and duties.
new text end

Sec. 46.

Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Local water management coordination. new text end

new text begin (a) The board may adopt
resolutions, policies, or orders that allow a comprehensive plan, local water management
plan, or watershed management plan, developed or amended, approved and adopted,
according to chapter 103B, 103C, or 103D to serve as substitutes for one another or be
replaced with a comprehensive watershed management plan. The board may also develop
criteria for incorporating or coordinating the elements of metropolitan county groundwater
plans in accordance with section 103B.255. The board shall, to the extent practicable,
incorporate a watershed approach when adopting the resolutions, policies, or orders, and
shall establish a suggested watershed boundary framework for development, approval,
adoption, and coordination of plans.
new text end

new text begin (b) The board shall work with local government stakeholders and others to foster
mutual understanding and develop recommendations for local water management and
related state water management policy and programs. The board may convene informal
working groups or work teams to develop information, education, and recommendations.
Local government units may develop and carry out TMDL implementation plans, or their
equivalent, as provided in chapter 114D, as part of the local water management plans and
responsibilities under chapters 103B, 103C, and 103D.
new text end

Sec. 47.

Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:

new text begin Subd. 15. new text end

new text begin Local water management boundary and plan determinations and
appeals. new text end

new text begin (a) Local government units may either submit a request for a plan boundary
determination as part of a plan approval request or apply separately for a plan boundary
determination from the board before requesting plan approval. Local government units
must provide written documentation of the rationale and justification for the proposed
boundary. The board may request additional information needed to make a plan boundary
determination.
new text end

new text begin (b) Local government units may appeal a board decision to deny approval of a plan
or the establishment of a plan boundary. An appeal of a board decision may be taken to the
state Court of Appeals and must be considered an appeal from a contested case decision
for purposes of judicial review under sections 14.63 to 14.69. Local government units
may request the board's dispute resolution committee or executive director to hear and
make recommendations to resolve boundary and plan implementation disputes.
new text end

Sec. 48.

Minnesota Statutes 2010, section 103B.311, subdivision 4, is amended to read:

Subd. 4.

Water plan requirements.

(a) A local water management plan must:

(1) cover the entire area within a county;

(2) address water problems in the context of watershed units and groundwater
systems;

(3) be based upon principles of sound hydrologic management of water, effective
environmental protection, and efficient management;

(4) be consistent with local water management plans prepared by counties and
watershed management organizations wholly or partially within a single watershed unit or
groundwater system; and

(5) the local water management plan must specify the period covered by the local
water management plan and must extend at least five years but no more than ten years from
the date the board approves the local water management plan. Local water management
plans that contain revision dates inconsistent with this section must comply with that date,
provided it is not more than ten years beyond the date of board approval. deleted text begin A two-year
extension of the revision date of a local water management plan may be granted by the
board, provided no projects are ordered or commenced during the period of the extension.
deleted text end

(b) Existing water and related land resources plans, including plans related to
agricultural land preservation programs developed pursuant to chapter 40A, must be
fully utilized in preparing the local water management plan. Duplication of the existing
plans is not required.

Sec. 49.

Minnesota Statutes 2010, section 103B.3363, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Comprehensive watershed management plan. new text end

new text begin "Comprehensive
watershed management plan" means a plan to manage the water and related natural
resources of a watershed that consists of the plans listed in subdivision 3 or a separate
plan that has been approved as a substitute by the board and adopted by local units
of government for the same or additional purposes. The comprehensive watershed
management plan shall be consistent with the goals of section 103A.212 and may address
the goals in sections 103A.201 to 103A.211, and chapter 114D.
new text end

Sec. 50.

new text begin [103B.3367] WATER PLAN EXTENSIONS.
new text end

new text begin The board may grant extensions with or without conditions of the revision date of a
comprehensive local water management plan or a comprehensive watershed management
plan.
new text end

Sec. 51.

Minnesota Statutes 2010, section 103B.3369, is amended to read:

103B.3369 LOCAL WATER RESOURCES new text begin RESTORATION, new text end PROTECTION new text begin , new text end
AND MANAGEMENT PROGRAM.

Subdivision 1.

Assistance priorities.

State agencies may give priority to local
new text begin government unit new text end requests that are part of or responsive to a comprehensive new text begin plan, new text end local
water new text begin management new text end plan new text begin , watershed management plan, or comprehensive watershed
management plan, developed or amended, approved and adopted, according to chapter
103B, 103C, 103D, or 114D, new text end when administering programs for water-related financial
and technical assistance.

Subd. 2.

Establishment.

A local water resources new text begin restoration, new text end protection new text begin , new text end and
management program is established. The board may provide financial assistance to local
units of government for activities that new text begin restore, new text end protect new text begin , new text end or manage water and related land
quality. The activities include planning, zoning, official controls, new text begin best management
practices, capital projects, new text end and other activities to implement new text begin a comprehensive plan, new text end local
water management deleted text begin plans deleted text end new text begin plan, or watershed management plan, developed or amended,
adopted and approved, according to chapter 103B, 103C, or 103D new text end .

Subd. 4.

Contracts.

A local unit of government may contract to implement
programs. An explanation of the program responsibilities proposed to be contracted must
accompany grant requests. A local unit of government that contracts is responsible for
ensuring that state funds are properly expended and for providing an annual report to the
board describing expenditures of funds and program accomplishments.

Subd. 5.

Financial assistance.

A base grant may be awarded to a county that
provides a match utilizing a water implementation tax or other local source. A water
implementation tax that a county intends to use as a match to the base grant must be levied
at a rate determined by the board. deleted text begin The minimum amount of the water implementation tax
shall be a tax rate times the adjusted net tax capacity of the county for the preceding year.
The rate shall be the rate, rounded to the nearest .001 of a percent, that, when applied
to the adjusted net tax capacity for all counties, raises the amount of $1,500,000. The
base grant will be in an amount equal to $37,500 less the amount raised by the local
match. If the amount necessary to implement the local water plan for the county is less
than $37,500, the amount of the base grant shall be the amount that, when added to the
match amount, equals the amount required to implement the plan. For counties where
the tax rate generates an amount equal to or greater than $18,750, the base grant shall
be in an amount equal to $18,750. deleted text end new text begin The board may award performance-based grants to
local units of government that are responsible for implementing elements of applicable
portions of watershed management plans, comprehensive plans, local water management
plans, or comprehensive watershed management plans, developed or amended, adopted
and approved, according to chapter 103B, 103C, or 103D. Upon request by a local
government unit, the board may also award performance-based grants to local units of
government to carry out TMDL implementation plans as provided in chapter 114D, if the
TMDL implementation plan has been incorporated into the local water management plan
according to the procedures for approving comprehensive plans, watershed management
plans, local water management plans, or comprehensive watershed management plans
under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone
a public review process. Notwithstanding section 16A.41, the board may award
performance-based grants on an advanced basis.
new text end

Subd. 6.

deleted text begin Limitations deleted text end new text begin Conditions new text end .

(a) Grants provided to implement programs
under this section must be reviewed by the state agency having statutory program authority
to assure compliance with minimum state standards. At the request of the state agency
commissioner, the board shall revoke the portion of a grant used to support a program
not in compliance.

(b) Grants new text begin may be new text end provided to develop deleted text begin or revise deleted text end new text begin , amend, or implement new text end local water
management plans deleted text begin may not be awarded for a time longer than two years deleted text end new text begin , comprehensive
plans, watershed management plans, or comprehensive watershed management plans,
approved and adopted, according to chapter 103B, 103C, 103D, or 114D new text end .

(c) A local unit of government may not request or be awarded grants for project
implementation unless a new text begin comprehensive plan, new text end local new text begin water new text end management deleted text begin water deleted text end plan deleted text begin has
been adopted deleted text end new text begin , watershed management plan, or comprehensive watershed management
plan has been developed or amended, adopted and approved, according to chapter 103B,
103C, or 103D new text end .

new text begin Subd. 7. new text end

new text begin Performance criteria. new text end

new text begin The board shall develop and utilize
performance-based criteria for local water resources restoration, protection, and
management programs and projects. The criteria may include, but are not limited to,
science-based assessments, organizational capacity, priority resource issues, community
outreach and support, partnership potential, potential for multiple benefits, and program
and project delivery efficiency and effectiveness.
new text end

Sec. 52.

Minnesota Statutes 2010, section 103B.355, is amended to read:

103B.355 APPLICATION.

Sections 103B.301 to new text begin 103B.335 and 103B.341 to new text end 103B.355 do not apply in areas
subject to the requirements of sections 103B.201 to 103B.255 under section 103B.231,
subdivision 1, and in areas covered by an agreement under section 103B.231, subdivision
2, except as otherwise provided in section 103B.311, subdivision 4, clause (4).

Sec. 53.

Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
is amended to read:

Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by restoring or creating wetland areas of at least equal public
value under a replacement plan approved as provided in section 103G.2242, a replacement
plan under a local governmental unit's comprehensive wetland protection and management
plan approved by the board under section 103G.2243, or, if a permit to mine is required
under section 93.481, under a mining reclamation plan approved by the commissioner
under the permit to mine. For project-specific wetland replacement completed prior to
wetland impacts authorized or conducted under a permit to mine within the Great Lakes
and Rainy River watershed basins, those basins shall be considered a single watershed
for purposes of determining wetland replacement ratios. Mining reclamation plans shall
apply the same principles and standards for replacing wetlands by restoration or creation
of wetland areas that are applicable to mitigation plans approved as provided in section
103G.2242. Public value must be determined in accordance with section 103B.3355 or
a comprehensive wetland protection and management plan established under section
103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in permanently
and semipermanently flooded areas of types 3, 4, and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order
of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that deleted text begin a deed restriction is placed on deleted text end the altered wetland deleted text begin prohibiting deleted text end new text begin is not
converted to a new text end nonagricultural use for at least ten years.

(d) If a wetland is new text begin replaced under paragraph (c), or new text end drained under section 103G.2241,
subdivision 2, deleted text begin paragraphs deleted text end new text begin paragraph new text end (b) deleted text begin and deleted text end new text begin or new text end (e), the local government unit may require
a deed restriction that prohibits nonagricultural use for at least ten years deleted text begin unless the drained
wetland is replaced as provided under this section deleted text end . The local government unit may require
the deed restriction if it determines the wetland area drained is at risk of conversion to
a nonagricultural use within ten years based on the zoning classification, proximity to a
municipality or full service road, or other criteria as determined by the local government
unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill storm water management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored
from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules adopted under
section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
occurring wetlands from one type to another are not eligible for enrollment in a statewide
wetlands bank.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
apply to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the cost to the
board to establish credits. Proceeds from the sale of credits provided under this paragraph
are appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section 103G.2242,
subdivision 9. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project
has already affected the wetland, the local government unit may require the landowner to
replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.

(o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.

(p) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis
of its percentage of presettlement wetlands remaining. In support of their petition, the
citizens shall provide satisfactory documentation to the local government unit. The local
government unit shall consider the petition and forward the request to the board under
paragraph (o) or provide a reason why the petition is denied.

Sec. 54.

Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to
read:

Subd. 9.

De minimis.

(a) Except as provided in paragraphs deleted text begin (b) deleted text end new text begin (d), (e), (f), (g) new text end and
deleted text begin (c) deleted text end new text begin (h) new text end , a replacement plan for wetlands is not required for draining or filling the following
amounts of wetlands as part of a project new text begin outside of the shoreland wetland protection zone new text end :

(1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, deleted text begin outside of the shoreland wetland protection zone deleted text end in a greater than
80 percent area;

(2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, deleted text begin outside of the shoreland wetland protection zone deleted text end in a 50 to 80 percent
area deleted text begin , except within the 11-county metropolitan area deleted text end ;

(3) 2,000 square feet of type 1, 2, deleted text begin or deleted text end 6 new text begin , or 7 new text end wetland, deleted text begin outside of the shoreland wetland
protection zone deleted text end new text begin excluding white cedar and tamarack wetlands, new text end in a less than 50 percent
area deleted text begin , except within the 11-county metropolitan area deleted text end ; new text begin or
new text end

(4) 100 square feet of new text begin type 3, 4, 5, or 8 wetland or white cedar and tamarack new text end wetland
deleted text begin types not listed in clauses (1) to (3) outside of the building setback zone of the shoreland
wetland protection zones in all counties; deleted text end new text begin .
new text end

new text begin (b) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan
for wetlands is not required for draining or filling the following amounts of wetlands
as part of a project within the shoreland wetland protection zone beyond the shoreland
building setback zone:
new text end

deleted text begin (5) deleted text end new text begin (1) new text end 400 square feet of new text begin type 1, 2, 6, or 7 new text end wetland deleted text begin types listed in clauses (1) to
(3), beyond the building setback zone, as defined in the local shoreland management
ordinance, but within the shoreland wetland protection zone. deleted text end new text begin ; or new text end

new text begin (2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
new text end

In a greater than 80 percent area, deleted text begin the local government unit may increase deleted text end the de
minimis amount new text begin allowed under clause (1) may be increased new text end up to 1,000 square feet if the
wetland is isolated and is determined to have no direct surficial connection to the public
water new text begin or if permanent water runoff retention or infiltration measures are established in
proximity as approved by the shoreland management authority new text end .

new text begin (c) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan
for wetlands is not required for draining or filling up to 20 square feet of wetland as part
of a project within the shoreland building setback zone, as defined in the local shoreland
management ordinance. The amount in this paragraph may be increased to 100 square feet
if permanent water runoff retention or infiltration measures are established in proximity as
approved by the shoreland management authority.
new text end

deleted text begin To the extent that a local shoreland management ordinance is more restrictive than
this provision, the local shoreland ordinance applies;
deleted text end

deleted text begin (6) up to 20 square feet of wetland, regardless of type or location;
deleted text end

deleted text begin (7) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
area within the 11-county metropolitan area; or
deleted text end

deleted text begin (8) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area within the 11-county metropolitan area.
deleted text end

deleted text begin For purposes of this paragraph, the 11-county metropolitan area consists of the
counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright.
deleted text end

deleted text begin (b) deleted text end new text begin (d) new text end The amounts listed in deleted text begin paragraph deleted text end new text begin paragraphs new text end (a), deleted text begin clauses (1) to (8), deleted text end new text begin (b), and (c) new text end
may not be combined on a project.

deleted text begin (c) deleted text end new text begin (e) new text end This exemption no longer applies to a landowner's portion of a wetland
when the cumulative area drained or filled of the landowner's portion since January 1,
1992, is the greatest of:

(1) the applicable area listed in paragraph (a) new text begin , (b), or (c) new text end , if the landowner owns
the entire wetland;

(2) five percent of the landowner's portion of the wetland; or

(3) 400 square feet.

deleted text begin (d) deleted text end new text begin (f) new text end This exemption may not be combined with another exemption in this section
on a project.

deleted text begin (e) deleted text end new text begin (g) new text end Property may not be divided to increase the amounts listed in paragraph (a).

new text begin (h) If a local ordinance or similar local control is more restrictive than this
subdivision, the local standard applies.
new text end

Sec. 55.

Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to
read:

Subd. 3.

Replacement completion.

Replacement of wetland values must be
completed prior to or concurrent with the actual draining or filling of a wetland, deleted text begin or deleted text end new text begin unless new text end
an irrevocable bank letter of credit or other security acceptable to the local government
unit deleted text begin must be deleted text end new text begin or the board is new text end given to the local government unit new text begin or the board new text end to guarantee
the successful completion of the replacement. new text begin The board may establish, sponsor, or
administer a wetland banking program, which may include provisions allowing monetary
payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
that occur in greater than 80 percent areas, and for public road projects. The board shall
coordinate the establishment and operation of a wetland bank with the United States
Army Corps of Engineers, the Natural Resources Conservation Service of the United
States Department of Agriculture, and the commissioners of natural resources, agriculture,
and the Pollution Control Agency.
new text end

Sec. 56.

new text begin [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
WATER ACT.
new text end

new text begin Notwithstanding any other law to the contrary, the Board of Water and Soil
Resources, in consultation with the commissioners of natural resources, agriculture,
and the Pollution Control Agency, may adopt or amend rules establishing a program
for regulating the discharge of dredged and fill material into the waters of the state as
necessary to obtain approval from the United States Environmental Protection Agency to
administer, in whole or part, the permitting and wetland banking programs under section
404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
may not be more restrictive than the program under section 404 or state law.
new text end

Sec. 57.

Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:

Subd. 3.

Permit application.

Application for a public waters work permit must
be in writing to the commissioner on forms prescribed by the commissioner. The
commissioner may issue a state general permit to a governmental subdivision or to the
general public deleted text begin for classes of activities having minimal impact upon public waters deleted text end under
which more than one project may be conducted under a single permit.

Sec. 58.

Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state,
a person, partnership, or association, private or public corporation, county, municipality,
or other political subdivision of the state may not appropriate or use waters of the state
without a water use permit from the commissioner.

(b) This section does not apply to use for a water supply by less than 25 persons for
domestic purposes.

(c) The commissioner may issue a state general permit for appropriation of water
to a governmental subdivision or to the general public deleted text begin for classes of activities that have
minimal impact upon waters of the state deleted text end . The general permit may authorize more than
one project and the appropriation or use of more than one source of water. Water use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3, are required for each project or water source that is included under a
general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
annually.

Sec. 59.

Minnesota Statutes 2010, section 103G.291, subdivision 3, is amended to read:

Subd. 3.

Water supply plans; demand reduction.

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

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

(c) Public water suppliers serving more than 1,000 people must deleted text begin employ deleted text end new text begin encourage
water conservation by employing new text end water use demand reduction measures, deleted text begin including a
conservation rate structure, deleted text end as defined in subdivision 4, paragraph (a), deleted text begin unless exempted
under subdivision 4, paragraph (c), deleted text end before requesting approval from the commissioner
of health under section 144.383, paragraph (a), to construct a public water supply well
or requesting an increase in the authorized volume of appropriation. deleted text begin Demand reduction
measures must include evaluation of conservation rate structures and a public education
program that may include a toilet and showerhead retrofit program. deleted text end new text begin The commissioner
of natural resources and the water supplier shall use a collaborative process to achieve
demand reduction measures as a part of a water supply plan review process.
new text end

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

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

Sec. 60.

Minnesota Statutes 2010, section 103G.291, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Conservation rate structure required deleted text end new text begin Demand reduction measures new text end .

(a) For the purposes of this section, new text begin "demand reduction measures" means measures that
reduce water demand, water losses, peak water demands, and nonessential water uses.
Demand reduction measures must include a conservation rate structure, or a uniform rate
structure with a conservation program that achieves demand reduction. A new text end "conservation
rate structure" means a rate structure that encourages conservation and may include
increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess
use rates. new text begin If a conservation rate is applied to multifamily dwellings, new text end the rate structure must
consider each residential unit as an individual user deleted text begin in multiple-family dwellings deleted text end .

(b) To encourage conservation, a public water supplier serving more than 1,000
people deleted text begin in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
a conservation rate structure by January 1, 2010. All remaining public water suppliers
serving more than 1,000 people shall use a conservation rate structure deleted text end new text begin must implement
demand reduction measures new text end by January 1, deleted text begin 2013 deleted text end new text begin 2015 new text end .

deleted text begin (c) A public water supplier without the proper measuring equipment to track the
amount of water used by its users, as of July 1, 2008, is exempt from this subdivision and
the conservation rate structure requirement under subdivision 3, paragraph (c).
deleted text end

Sec. 61.

Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:

Subd. 2.

Permit application new text begin and notification new text end fees.

(a) A deleted text begin permit application deleted text end fee
to defray the costs of receiving, recording, and processing deleted text begin the application deleted text end must be paid
for a permit new text begin application new text end authorized under this chapter deleted text begin and deleted text end new text begin , except for a general permit
application, new text end for each request to amend or transfer an existing permit new text begin , and for a notification
to request authorization to conduct a project under a general permit new text end . Fees established
under this subdivision, unless specified in paragraph (c), shall be compliant with section
16A.1285.

(b) Proposed projects that require water in excess of 100 million gallons per year
must be assessed fees to recover the costs incurred to evaluate the project and the costs
incurred for environmental review. Fees collected under this paragraph must be credited
to an account in the natural resources fund and are appropriated to the commissioner.

(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b) deleted text begin ; deleted text end new text begin , and for new text end a permit to construct or repair a dam that is subject to dam safety
inspection deleted text begin ; or a state general permit deleted text end is $150. The application fee for a permit to work in
public waters or to divert waters for mining must be at least $150, but not more than
$1,000. new text begin The fee for a notification to request authorization to conduct a project under a
general permit is $100.
new text end

Sec. 62.

Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:

Subd. 4.

Refund of fees prohibited.

A permit application new text begin , general permit
notification, new text end or field inspection fee may not be refunded for any reason, even if the
application new text begin or request new text end is denied or withdrawn.

Sec. 63.

Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:

Subd. 5.

State and federal agencies exempt from fee.

A permit application new text begin ,
general permit notification, new text end or field inspection fee may not be imposed on any state agency,
as defined in section 16B.01, or federal governmental agency applying for a permit.

Sec. 64.

Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
read:

Subd. 5a.

Town fees limited.

Notwithstanding this section or any other law, no
permit application new text begin , general permit notification, new text end or field inspection fee charged to a town
in connection with the construction or alteration of a town road, bridge, or culvert shall
exceed $100.

Sec. 65.

Minnesota Statutes 2010, section 103G.611, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin General permits. new text end

new text begin The commissioner may issue a general permit to
a governmental subdivision or to the general public to conduct one or more projects
described in subdivision 1. A fee of $100 may be charged for each aeration system used
under a general permit.
new text end

Sec. 66.

Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
is amended to read:

Subdivision 1.

Issuance; validity.

(a) new text begin The commissioner may issue a state general
permit to a governmental subdivision or to the general public to conduct one or more
projects described in this subdivision. new text end The commissioner may issue permits, with or
without a fee, to:

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;

(2) transplant aquatic plants into public waters;

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.

(b) Application for a permit new text begin and a notification to request authorization to conduct a
project under a general permit new text end must be accompanied by a deleted text begin permit deleted text end fee, if required.

(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.

new text begin (d) A general permit may authorize a project for more than one growing season.
new text end

Sec. 67.

Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
is amended to read:

Subd. 2.

Fees.

(a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
days after it has been reported to the legislature. The fees shall not exceed $2,500 per
permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
the permit, and additional costs incurred after the application to inspect and monitor
the activities authorized by the permit, and enforce aquatic plant management rules and
permit requirements.

(b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
parcel of shoreline owned by an owner may be charged. This fee may not be charged for
permits issued in connection with purple loosestrife control or lakewide Eurasian water
milfoil control programs.

(c) A fee may not be charged to the state or a federal governmental agency applying
for a permit.

(d) A fee for a permit for the control of rooted aquatic vegetation in a public
water basin that is 20 acres or less in size shall be one-half of the fee established under
paragraph (a).

(e) The money received for the permits under this subdivision shall be deposited in
the treasury and credited to the water recreation account.

new text begin (f) The fee for processing a notification to request authorization for work under a
general permit is $30, until the commissioner establishes a fee by rule as provided under
this subdivision.
new text end

Sec. 68.

Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:

Subd. 3.

Report.

deleted text begin In each even-numbered year deleted text end new text begin Every five years new text end , the Pollution
Control Agency, in cooperation with other agencies participating in the monitoring of
water resources, shall provide a draft report on the status of groundwater monitoring to
the Environmental Quality Board for review and then to the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture as part of the report in section 103A.204.

Sec. 69.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Concrete washout. new text end

new text begin "Concrete washout" means untreated wash water
used in concrete mixer and concrete pump rinse-out operations.
new text end

Sec. 70.

new text begin [115.035] WATER QUALITY STANDARDS NO MORE RESTRICTIVE
THAN FEDERAL STANDARDS.
new text end

new text begin Notwithstanding section 115.03 or 115.44 or any other law to the contrary, the
commissioner of the Pollution Control Agency shall not adopt water quality standards
that are more restrictive than federal water quality standards after June 30, 2012, except
upon a showing by clear and convincing evidence that another standard is necessary to
protect the public use and benefit of the waters of the state. Water quality standards that
were adopted before that date and that exceed federal standards remain in effect, but shall
not be made more restrictive unless required under federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 71.

Minnesota Statutes 2010, section 115.06, subdivision 4, is amended to read:

Subd. 4.

Citizen monitoring of water quality.

(a) The agency may encourage
citizen monitoring of ambient water quality for public waters by:

(1) providing technical assistance to citizen and local group water quality monitoring
efforts;

(2) integrating citizen monitoring data into water quality assessments and agency
programs, provided that the data adheres to agency quality assurance and quality control
protocols; and

(3) seeking public and private funds to:

(i) collaboratively develop clear guidelines for water quality monitoring procedures
and data management practices for specific data and information uses;

(ii) distribute the guidelines to citizens, local governments, and other interested
parties;

(iii) improve and expand water quality monitoring activities carried out by the
agency; and

(iv) continue to improve electronic and Web access to water quality data and
information about public waters that have been either fully or partially assessed.

(b) This subdivision does not authorize a citizen to enter onto private property
for any purpose.

(c) By January 15 deleted text begin of each odd-numbered year deleted text end new text begin , 2017, and every four years thereafter new text end ,
the commissioner shall report to the senate and house of representatives committees with
jurisdiction over environmental policy and finance on activities under this section.

Sec. 72.

Minnesota Statutes 2010, section 115.073, is amended to read:

115.073 ENFORCEMENT FUNDING.

Except as provided in section 115C.05, all money recovered by the state under this
chapter and chapters 115A and 116, including civil penalties and money paid under an
agreement, stipulation, or settlement, excluding money paid for past due fees or taxes,
must be deposited in the state treasury and credited to the deleted text begin environmental deleted text end new text begin general new text end fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 73.

Minnesota Statutes 2010, section 115.42, is amended to read:

115.42 POLICY; LONG-RANGE PLAN; PURPOSE.

It is the policy of the state to provide for the prevention, control, and abatement
of pollution of all waters of the state, so far as feasible and practical, in furtherance
of conservation of such waters and protection of the public health and in furtherance
of the development of the economic welfare of the state. The agency shall prepare a
long-range plan and program for the effectuation of said policy deleted text begin , and shall make a report of
progress thereon to the legislature by November 15 of each even-numbered year, with
recommendations for action in furtherance of such program during the ensuing biennium deleted text end .
It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from
pollution by: (a) preventing any new pollution; and (b) abating pollution existing
when sections 115.41 to 115.53 become effective, under a program consistent with the
declaration of policy above stated.

Sec. 74.

new text begin [115A.121] REPORT CONSOLIDATION.
new text end

new text begin Notwithstanding the statutory filing dates for reports required under chapters 115A
and 115D, the commissioner shall consolidate all reports under those chapters in a single
report to be submitted by December 31, 2013, and every four years thereafter, to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over environment and natural resources policy and finance and to other
persons statutorily designated to receive the reports.
new text end

Sec. 75.

Minnesota Statutes 2011 Supplement, section 115A.1320, subdivision 1,
is amended to read:

Subdivision 1.

Duties of the agency.

(a) The agency shall administer sections
115A.1310 to 115A.1330.

(b) The agency shall establish procedures for:

(1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1312; and

(2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.

(c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1:

(1) the proportion of sales of video display devices sold to households that
manufacturers are required to recycle;

(2) the estimated per-pound price of recycling covered electronic devices sold to
households;

(3) the base registration fee; and

(4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
these values must be changed in order to improve the efficiency or effectiveness of the
activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit
recommended changes and the reasons for them to the chairs of the senate and house of
representatives committees with jurisdiction over solid waste policy.

(d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of video display devices sold to households by each manufacturer during the
preceding program year, based on national sales data, and forward the estimates to the
department.

(e) deleted text begin On or before December 1, 2010, and each year thereafter, deleted text end The agency shall
provide a report to the governor and the legislature on the implementation of sections
115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
of covered electronic devices recycled and a summary of information in the reports
submitted by manufacturers and recyclers under section 115A.1316. The report must
also discuss the various collection programs used by manufacturers to collect covered
electronic devices; information regarding covered electronic devices that are being
collected by persons other than registered manufacturers, collectors, and recyclers; and
information about covered electronic devices, if any, being disposed of in landfills in
this state. The report must include a description of enforcement actions under sections
115A.1310 to 115A.1330. The agency may include in its report other information received
by the agency regarding the implementation of sections 115A.1312 to 115A.1330. new text begin The
report must be done in conjunction with the report required under section 115D.10.
new text end

(f) The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.

(g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.

(h) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of video
display devices available for recycling.

(i) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1318 and post it on the agency's Web site.

(j) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1318, paragraph (e).

Sec. 76.

Minnesota Statutes 2010, section 115A.15, subdivision 5, is amended to read:

Subd. 5.

Reports.

deleted text begin (a) deleted text end By January 1 of each odd-numbered year, the commissioner
of administration shall submit a report to the governor and to the senate and house of
representatives committees having jurisdiction over environment and natural resources
and environment and natural resources finance summarizing past activities and proposed
goals of the program for the following biennium. The report shall include at least:

(1) a summary list of product and commodity purchases that contain recycled
materials;

(2) the results of any performance tests conducted on recycled products and agencies'
experience with recycled products used;

(3) a list of all organizations participating in and using the cooperative purchasing
program; and

(4) a list of products and commodities purchased for their recyclability and of
recycled products reviewed for purchase.

deleted text begin (b) By July 1 of each even-numbered year, the commissioner of the Pollution
Control Agency and the commissioner of commerce through the State Energy Office shall
submit recommendations to the commissioner regarding the operation of the program.
deleted text end

Sec. 77.

Minnesota Statutes 2010, section 115A.411, is amended to read:

115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED
REPORT.

Subdivision 1.

Authority; purpose.

The commissioner shall prepare and adopt a
report on solid waste management policy new text begin and activities under this chapter new text end . The report must
be submitted by the commissioner to the senate and house of representatives committees
having jurisdiction over environment and natural resources deleted text begin and environment and natural
resources finance deleted text end by December deleted text begin 1 of each odd-numbered year deleted text end new text begin 31, 2015, and every four
years thereafter new text end and shall include reports required under sections deleted text begin 115A.55, subdivision 4,
paragraph (b); deleted text end 115A.551, subdivision 4; 115A.557, subdivision 4; 473.149, subdivision
6; 473.846; and 473.848, subdivision 4.

Subd. 2.

Contents.

(a) The report deleted text begin must deleted text end new text begin may new text end also include:

(1) a summary of the current status of solid waste management, including the amount
of solid waste generated new text begin and reduced new text end , the manner in which it is collected, processed, and
disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the
facilities available or under development to manage the waste;

(2) an evaluation of the extent and effectiveness of implementation deleted text begin and deleted text end new text begin of section
115A.02, including new text end an assessment of progress in accomplishing state policies, goals, and
objectives, including those listed in paragraph (b);

(3) identification of issues requiring further research, study, and action, the
appropriate scope of the research, study, or action, the state agency or political subdivision
that should implement the research, study, or action, and a schedule for completion
of the activity; and

(4) recommendations for establishing or modifying state solid waste management
policies, authorities, new text begin responsibilities, new text end and programs deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin (b) deleted text end new text begin (5) a report on progress made toward implementation of the objectives of
new text end deleted text begin Beginning in 1997, and every sixth year thereafter, the report shall be expanded to include deleted text end
the metropolitan area solid waste policy plan new text begin as new text end required in section 473.149, subdivision
deleted text begin 1 deleted text end deleted text begin , and strategies for the agency to advance the goals of this chapter, to manage waste as a
resource, to further reduce the need for expenditures on resource recovery and disposal
facilities, and to further reduce long-term environmental and financial liabilities deleted text end new text begin 6 new text end .

new text begin (b) new text end The deleted text begin expanded deleted text end report must include strategies for:

(1) achieving the maximum feasible reduction in waste generation;

(2) encouraging manufacturers to design products that eliminate or reduce the
adverse environmental impacts of resource extraction, manufacturing, use, and waste
processing and disposal;

(3) educating businesses, public entities, and other consumers about the need to
consider the potential environmental and financial impacts of purchasing products that
may create a liability or that may be expensive to recycle or manage as waste, due to the
presence of toxic or hazardous components;

(4) eliminating or reducing toxic or hazardous components in compost from
municipal solid waste composting facilities, in ash from municipal solid waste incinerators,
and in leachate and air emissions from municipal solid waste landfills, in order to reduce
the potential liability of waste generators, facility owners and operators, and taxpayers;

(5) encouraging the source separation of materials to the extent practicable, so that
the materials are most appropriately managed and to ensure that resources that can be
reused or recycled are not disposed of or destroyed; and

(6) maximizing the efficiency of the waste management system by managing waste
and recyclables close to the point of generation, taking into account the characteristics of
the resources to be recovered from the waste and the type and capacity of local facilities.

Sec. 78.

Minnesota Statutes 2010, section 115A.551, subdivision 2a, is amended to
read:

Subd. 2a.

Supplementary recycling goals.

deleted text begin (a) deleted text end By December 31, 1996, each county
will have as a goal to recycle the following amounts:

(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation;

(2) for a metropolitan county, 50 percent by weight of total solid waste generation.

Each county will develop and implement or require political subdivisions within the
county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.

deleted text begin (b) For a county that, by January 1, 1995, is implementing a solid waste reduction
program that is approved by the commissioner, the commissioner shall apply up to three
percentage points toward achievement of the recycling goals in this subdivision. In
addition, the commissioner shall apply demonstrated waste reduction that exceeds three
percent reduction toward achievement of the goals in this subdivision.
deleted text end

deleted text begin (c) No more than five percentage points may be applied toward achievement of the
recycling goals in this subdivision for management of yard waste. The five percentage
points must be applied as provided in this paragraph. The commissioner shall apply three
percentage points for a county in which residents, by January 1, 1996, are provided with:
deleted text end

deleted text begin (1) an ongoing comprehensive education program under which they are informed
about how to manage yard waste and are notified of the prohibition in section 115A.931;
and
deleted text end

deleted text begin (2) the opportunity to drop off yard waste at specified sites or participate in curbside
yard waste collection.
deleted text end

deleted text begin The commissioner shall apply up to an additional two percentage points toward
achievement of the recycling goals in this subdivision for additional activities approved
by the commissioner that are likely to reduce the amount of yard waste generated and to
increase the on-site composting of yard waste.
deleted text end

Sec. 79.

Minnesota Statutes 2010, section 115A.551, subdivision 4, is amended to read:

Subd. 4.

Interim monitoring.

The commissioner shall monitor the progress of each
county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner
shall report to the senate and house of representatives committees having jurisdiction over
environment and natural resources deleted text begin and environment and natural resources finance on the
progress of the counties by July 1 of each odd-numbered year deleted text end new text begin as part of the report required
under section 115A.411 new text end . If the commissioner finds that a county is not progressing toward
the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to
develop and implement solid waste management techniques designed to assist the county
in meeting the goals, such as organized collection, curbside collection of source-separated
materials, and volume-based pricing.

deleted text begin The progress report shall be included in the report required under section 115A.411.
deleted text end

Sec. 80.

Minnesota Statutes 2010, section 115A.557, subdivision 4, is amended to read:

Subd. 4.

Report.

deleted text begin By July 1 of each odd-numbered year, deleted text end The commissioner
shall report on how the money was spent and the resulting statewide improvements in
solid waste management to the senate and house of representatives committees having
jurisdiction over ways and means, finance, environment and natural resources, and
environment and natural resources finance. The report shall be included in the report
required under section 115A.411.

Sec. 81.

Minnesota Statutes 2010, section 115D.08, is amended to read:

115D.08 PROGRESS REPORTS.

Subdivision 1.

Requirement to submit progress report.

(a) All persons required to
prepare a toxic pollution prevention plan under section 115D.07 shall submit an annual
progress report to the commissioner new text begin of public safety new text end that may be drafted in a manner that
does not disclose proprietary information. Progress reports are due on deleted text begin October deleted text end new text begin July new text end 1 of
each year. The first progress reports are due in 1992.

(b) At a minimum, each progress report must include:

(1) a summary of each objective established in the plan, including the base year for
any objective stated in numeric terms, and the schedule for meeting each objective;

(2) a summary of progress made during the past year, if any, toward meeting each
objective established in the plan including the quantity of each toxic pollutant eliminated
or reduced;

(3) a statement of the methods through which elimination or reduction has been
achieved;

(4) if necessary, an explanation of the reasons objectives were not achieved during
the previous year, including identification of any technological, economic, or other
impediments the facility faced in its efforts to achieve its objectives; and

(5) a certification, signed and dated by the facility manager and an officer of the
company under penalty of section 609.63, attesting that a plan meeting the requirements
of section 115D.07 has been prepared and also attesting to the accuracy of the information
in the progress report.

Subd. 2.

Review of progress reports.

(a) The commissioner new text begin of public safety new text end shall
review all progress reports to determine if they meet the requirements of subdivision 1.
If the commissioner new text begin of public safety new text end determines that a progress report does not meet the
requirements, the commissioner new text begin of public safety new text end shall notify the facility in writing and
shall identify specific deficiencies and specify a reasonable time period of not less than 90
days for the facility to modify the progress report.

(b) The commissioner new text begin of public safety new text end shall be given access to a facility plan
required under section 115D.07 if the commissioner new text begin of public safety new text end determines that
the progress report for that facility does not meet the requirements of subdivision 1.
Twenty-five or more persons living within ten miles of the facility may submit a petition
to the commissioner new text begin of public safety new text end that identifies specific deficiencies in the progress
report and requests the commissioner new text begin of public safety new text end to review the facility plan. Within
30 days after receipt of the petition, the commissioner new text begin of public safety new text end shall respond in
writing. If the commissioner new text begin of public safety new text end agrees that the progress report does not meet
requirements of subdivision 1, the commissioner new text begin of public safety new text end shall be given access
to the facility plan.

(c) After reviewing the plan and the progress report with any modifications
submitted, the commissioner new text begin of public safety new text end shall state in writing whether the progress
report meets the requirements of subdivision 1. If the commissioner new text begin of public safety
new text end determines that a modified progress report still does not meet the requirements of
subdivision 1, the commissioner new text begin of public safety new text end shall schedule a public meeting. The
meeting shall be held in the county where the facility is located. The meeting is not
subject to the requirements of chapter 14.

(d) The facility shall be given the opportunity to amend the progress report within a
period of not less than 30 days after the public meeting.

(e) If the commissioner new text begin of public safety new text end determines that a modified progress report
still does not meet the requirements of subdivision 1, action may be taken under section
115.071 to obtain compliance with sections 115D.01 to 115D.12.

Sec. 82.

Minnesota Statutes 2010, section 116.011, is amended to read:

116.011 deleted text begin ANNUAL deleted text end POLLUTION REPORT.

A goal of the Pollution Control Agency is to reduce the amount of pollution that is
emitted in the state. By April 1 of each new text begin even-numbered new text end year, the Pollution Control Agency
shall report the best estimate of the agency of the total volume of water and air pollution
that was emitted in the state in the previous new text begin two new text end calendar deleted text begin year deleted text end new text begin years new text end for which data are
available. The agency shall report its findings for both water and air pollution:

(1) in gross amounts, including the percentage increase or decrease over the deleted text begin previous deleted text end new text begin
previously reported two new text end calendar deleted text begin year deleted text end new text begin years new text end ; and

(2) in a manner which will demonstrate the magnitude of the various sources of
water and air pollution.

Sec. 83.

Minnesota Statutes 2010, section 116.02, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A pollution control agency, designated as the Minnesota
Pollution Control Agency, deleted text begin is deleted text end new text begin and the Minnesota Pollution Control Agency Citizen's Board
are new text end hereby created. The deleted text begin agency deleted text end new text begin Minnesota Pollution Control Agency Citizen's Board new text end shall
consist of the commissioner and eight members appointed by the governor, by and with the
advice and consent of the senate. One of such members shall be a person knowledgeable
in the field of agriculture and one shall be representative of organized labor.

Sec. 84.

Minnesota Statutes 2010, section 116.02, subdivision 2, is amended to read:

Subd. 2.

Terms, compensation, removal, vacancies.

The membership terms,
compensation, removal of members, and filling of vacancies on the deleted text begin agency deleted text end new text begin Minnesota
Pollution Control Agency Citizen's Board new text end shall be as provided in section 15.0575.

Sec. 85.

Minnesota Statutes 2010, section 116.02, subdivision 3, is amended to read:

Subd. 3.

Membership.

The membership of the new text begin Minnesota new text end Pollution Control Agency
new text begin Citizen's Board new text end shall be broadly representative of the skills and experience necessary to
effectuate the policy of sections 116.01 to 116.075, except that no member other than the
commissioner shall be an officer or employee of the state or federal government. Only two
members at one time may be officials or employees of a municipality or any governmental
subdivision, but neither may be a member ex officio or otherwise on the management
board of a municipal sanitary sewage disposal system.

Sec. 86.

Minnesota Statutes 2010, section 116.02, subdivision 4, is amended to read:

Subd. 4.

Chair.

The commissioner shall serve as chair of the deleted text begin agency deleted text end new text begin Minnesota
Pollution Control Agency Citizen's Board new text end . The deleted text begin agency deleted text end new text begin Minnesota Pollution Control
Agency Citizen's Board new text end shall elect such other officers as it deems necessary.

Sec. 87.

Minnesota Statutes 2010, section 116.02, subdivision 6, is amended to read:

Subd. 6.

Required decisions.

The deleted text begin agency deleted text end new text begin Minnesota Pollution Control Agency
Citizen's Board new text end shall deleted text begin make final decisions on the following matters deleted text end :

deleted text begin (1) a petition for the preparation of an environmental assessment worksheet, if the
project proposer or a person commenting on the proposal requests that the decision be
made by the agency and the agency requests that it make the decision under subdivision 8;
deleted text end

deleted text begin (2) the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules, if:
deleted text end

deleted text begin (i) the agency has received a request for an environmental impact statement;
deleted text end

deleted text begin (ii) the project proposer or a person commenting on the proposal requests that the
declaration be made by the agency and the agency requests that it make the decision
under subdivision 8; or
deleted text end

deleted text begin (iii) the commissioner is recommending preparation of an environmental impact
statement;
deleted text end

deleted text begin (3) the scope and adequacy of environmental impact statements;
deleted text end

deleted text begin (4) issuance, reissuance, modification, or revocation of a permit if:
deleted text end

deleted text begin (i) a variance is sought in the permit application or a contested case hearing request
is pending; or
deleted text end

deleted text begin (ii) the permit applicant, the permittee, or a person commenting on the permit action
requests that the decision be made by the agency and the agency requests that it make
the decision under subdivision 8;
deleted text end

deleted text begin (5) final adoption or amendment of agency rules for which a public hearing is
required under section 14.25 or for which the commissioner decides to proceed directly to
a public hearing under section 14.14, subdivision 1;
deleted text end

deleted text begin (6) approval or denial of an application for a variance from an agency rule if:
deleted text end

deleted text begin (i) granting the variance request would change an air, soil, or water quality standard;
deleted text end

deleted text begin (ii) the commissioner has determined that granting the variance would have a
significant environmental impact; or
deleted text end

deleted text begin (iii) the applicant or a person commenting on the variance request requests that the
decision be made by the agency and the agency requests that it make the decision under
subdivision 8; and
deleted text end

deleted text begin (7) whether to reopen, rescind, or reverse a decision of the agency.
deleted text end

new text begin (1) make final decisions on adoption or amendment of rules implementing the
substantive statutes charged to the Minnesota Pollution Control Agency for administration;
new text end

new text begin (2) make additional decisions in response to the commissioner's request; and
new text end

new text begin (3) provide advice to the commissioner at the commissioner's request.
new text end

Sec. 88.

Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:

Subdivision 1.

Office.

(a) The Office of Commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.

(b) The commissioner may appoint a deputy commissioner and assistant
commissioners who shall be in the unclassified service.

(c) The commissioner shall make all decisions on behalf of the agency deleted text begin that are not
required to be made by the agency deleted text end new text begin other than rulemaking decisions to be made by the
Minnesota Pollution Control Agency Citizen's Board new text end under section 116.02.

Sec. 89.

Minnesota Statutes 2011 Supplement, section 116.03, subdivision 2b, is
amended to read:

Subd. 2b.

Permitting efficiency.

(a) It is the goal of the state that environmental and
resource management permits be issued or denied within 150 days of the submission of a
substantially completed permit application. The commissioner of the Pollution Control
Agency shall establish management systems designed to achieve the goal.

(b) The commissioner shall prepare semiannual permitting efficiency reports that
include statistics on meeting the goal in paragraph (a). The reports are due February 1
and August 1 each year. For permit applications that have not met the goal, the report
must state the reasons for not meeting the goal, steps that will be taken to complete action
on the application, and the expected timeline. In stating the reasons for not meeting the
goal, the commissioner shall separately identify delays caused by the responsiveness of
the proposer, lack of staff, scientific or technical disagreements, or the level of public
engagement. The report must specify the number of days from initial submission of the
application to the day of determination that the application is complete. The report for
August 1 each year must aggregate the data for the year and assess whether program
or system changes are necessary to achieve the goal. The report must be posted on the
agency's Web site and submitted to the governor and the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
environment policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the agency.

(d) Beginning July 1, 2011, within 30 business days of application for a permit
subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
the project proposer, in writing, of whether or not the permit application is complete
enough for processing. If the permit is incomplete, the commissioner must identify where
deficiencies exist and advise the applicant on how they can be remedied. A resubmittal of
the application begins a new 30-day review period. If the commissioner fails to notify the
project proposer of completeness within 30 business days, the application is deemed to be
substantially complete and subject to the 150-day permitting review period in paragraph
(a) from the date it was submitted. This paragraph does not apply to an application for a
permit that is subject to a grant or loan agreement under chapter 446A.

new text begin (e) The commissioner shall approve or deny within 60 days an application for a
minor permit or minor permit amendment. Failure of the commissioner to deny an
application for a minor permit or minor permit amendment within 60 days is approval of
the permit. If the commissioner receives an application that does not contain all required
information, the 60-day limit starts over only if the commissioner notifies the applicant
as required under paragraph (d).
new text end

new text begin (f) By July 1, 2012, the commissioner shall review all types of permits issued by
the agency, determine the permit and amendment types the commissioner deems minor
for purposes of paragraph (e), and post a list of the permit and amendment types on the
agency's Web site. The commissioner shall periodically review, update, and post the
list of permits and permit amendment types subject to paragraph (e) at least every five
years. Permits and permit amendments may not be deemed minor under this paragraph
if approval of a permit or permit amendment according to paragraph (e) would be in
violation of federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (f) is effective the day following final enactment.
new text end

Sec. 90.

Minnesota Statutes 2010, section 116.06, subdivision 22, is amended to read:

Subd. 22.

Solid waste.

"Solid waste" means garbage, refuse, sludge from a water
supply treatment plant or air contaminant treatment facility, and other discarded waste
materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting
from industrial, commercial, mining, and agricultural operations, and from community
activities, but does not include hazardous waste; animal waste used as fertilizer; earthen
fill, boulders, rock; new text begin concrete diamond grinding and saw slurry associated with the
construction, improvement, or repair of a road when deposited according to section
161.367; new text end sewage sludge; solid or dissolved material in domestic sewage or other common
pollutants in water resources, such as silt, dissolved or suspended solids in industrial
wastewater effluents or discharges which are point sources subject to permits under
section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials
in irrigation return flows; or source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954, as amended.

Sec. 91.

Minnesota Statutes 2010, section 116.07, is amended by adding a subdivision
to read:

new text begin Subd. 7e. new text end

new text begin Manure digester permits. new text end

new text begin An air emissions permit is not required for a
manure digester and associated electrical generation equipment that converts methane to
electricity or provides backup power for farm use on a farm that is located outside the
metropolitan area, as defined in section 473.121. subdivision 2.
new text end

Sec. 92.

Minnesota Statutes 2010, section 116.0714, is amended to read:

116.0714 NEW OPEN AIR SWINE BASINS.

The commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30, deleted text begin 2012 deleted text end new text begin 2017 new text end .

Sec. 93.

Minnesota Statutes 2010, section 116.10, is amended to read:

116.10 POLICY; LONG-RANGE PLAN; PURPOSE.

Consistent with the policy announced herein and the purposes of Laws 1963, chapter
874, the Pollution Control Agency shall deleted text begin , before November 15 of each even-numbered
year, deleted text end prepare a long-range plan and program for the effectuation of said policy deleted text begin , and shall
make a report also of progress on abatement and control of air and land pollution during
each biennium to the legislature with recommendations for action in furtherance of the air
and land pollution and waste programs deleted text end .

Sec. 94.

Minnesota Statutes 2010, section 116C.833, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Biennial deleted text end new text begin Quadrennial new text end report.

In addition to other duties specified in
sections 116C.833 to 116C.843, the commissioner shall report by January 31, deleted text begin 1997 deleted text end new text begin 2013 new text end ,
and deleted text begin biennially deleted text end new text begin every four years new text end thereafter, to the governor and the legislature concerning
the activities of the Interstate Commission. The report shall include any recommendations
the commissioner deems necessary to assure the protection of the interest of the state in
the proper functioning of the compact. The commissioner also shall report to the governor
and the legislature any time there is a change in the status of a host state or other party
states in the compact.

Sec. 95.

Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a,
is amended to read:

Subd. 2a.

When prepared.

Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.
No mandatory environmental impact statement may be required for an ethanol plant,
as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
125,000,000 gallons of ethanol annually and is located outside of the seven-county
metropolitan area.

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
of the expanded or converted facility to produce alcohol fuel, but must be required if
the ethanol plant new text begin or biobutanol facility new text end meets or exceeds thresholds of other categories
of actions for which environmental assessment worksheets must be prepared. The
responsible governmental unit for an ethanol plant new text begin or biobutanol facility new text end project for which
an environmental assessment worksheet is prepared shall be the state agency with the
greatest responsibility for supervising or approving the project as a whole.

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet deleted text begin in a deleted text end new text begin by publishing the notice in
at least one newspaper of general circulation in the geographic area where the project is
proposed, by posting the notice on a Web site that has been designated as the official
publication site for publication of proceedings, public notices, and summaries of a political
subdivision in which the project is proposed or in any other new text end manner deleted text begin to be deleted text end determined by
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30-day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15-day period by not more than 15
additional days upon the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.

(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.

(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.

(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits or
other actions required for a proposed project shall be developed in conjunction with
the preparation of an environmental impact statement. new text begin When an environmental impact
statement is prepared for a project requiring multiple permits for which two or more
state agencies' decision processes include either mandatory or discretionary hearings
before a hearing officer prior to the agencies' decision on the permit, the agencies may,
notwithstanding any law or rule to the contrary, conduct such hearings in a single
consolidated hearing process if requested by the proposer. All state agencies having
jurisdiction over a permit that is included in the consolidated hearing shall participate. The
responsible governmental unit shall establish appropriate procedures for the consolidated
hearing process, including procedures to ensure that the consolidated hearing process
is consistent with the applicable requirements for each permit regarding the rights and
duties of parties to the hearing, and shall utilize the earliest applicable hearing procedure
to initiate the hearing. The procedures of section 116C.28, subdivision 2, shall apply to
the consolidated hearing.
new text end

(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.

(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 96.

Minnesota Statutes 2010, section 116D.04, is amended by adding a
subdivision to read:

new text begin Subd. 15. new text end

new text begin Duplicative permit information; environmental assessment
worksheets. new text end

new text begin The board shall not require, unless necessary, information in an
environmental assessment worksheet for a proposed action when the information is also
required as part of any necessary permitting process for the proposed action.
new text end

Sec. 97.

new text begin [161.367] CONCRETE DIAMOND GRINDING AND SAW SLURRY.
new text end

new text begin In any contract that includes concrete diamond grinding or concrete sawing
associated with construction, improvement, or repair of a road, the commissioner of
transportation shall include a special provision relating to the resulting concrete slurry.
The special provision must include language requiring removal of the concrete slurry by
vacuuming; allowing deposit of the concrete slurry along the in-slope of the roadway;
prohibiting the contractor from allowing the concrete slurry to flow across lanes of traffic
or into gutters or other closed drainage facilities; specifying that the concrete slurry
disposal follows national industry best management practices; and specifying that the
concrete slurry must be deposited in a manner that complies with Minnesota Rules, part
7050.0210.
new text end

Sec. 98.

Minnesota Statutes 2010, section 216C.055, is amended to read:

216C.055 KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN
PRODUCING THERMAL ENERGY.

The deleted text begin annual deleted text end new text begin biennial new text end legislative proposals required to be submitted by the
commissioners of commerce and the Pollution Control Agency under section 216H.07,
subdivision deleted text begin 4 deleted text end new text begin 3 new text end , must include proposals regarding the use of solar energy and the
combustion of grasses, agricultural wastes, trees, and other vegetation to produce thermal
energy for heating commercial, industrial, and residential buildings and for industrial
processes if the commissioners determine that such policies are appropriate to achieve the
state's greenhouse gas emissions-reduction goals. No legal claim against any person is
allowed under this section. This section does not apply to the combustion of municipal
solid waste or refuse-derived fuel to produce thermal energy. For purposes of this section,
removal of woody biomass from publicly owned forests must be consistent with the
principles of sustainable forest management.

Sec. 99.

Minnesota Statutes 2010, section 216H.07, subdivision 3, is amended to read:

Subd. 3.

Biennial deleted text begin reduction progress deleted text end report.

new text begin (a) new text end By January 15 of each
odd-numbered year, the commissioners of commerce and the Pollution Control Agency
shall jointly report to the chairs and ranking minority members of the legislative
committees with primary policy jurisdiction over energy and environmental issues new text begin to
provide:
new text end

new text begin (1) new text end the most recent and best available evidence identifying the level of reductions
already achieved and the level necessary to achieve the reductions timetable in section
216H.02 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) proposed legislation the commissioners determine appropriate to achieve the
reductions in section 216H.02. The proposed legislation must be based on the principles
in subdivision 5. If the commissioners determine no legislation is appropriate, they shall
report that determination to the chairs along with an explanation of the determination.
new text end

new text begin (b) new text end The report must be in easily understood nontechnical terms.

Sec. 100.

Minnesota Statutes 2010, section 473.149, subdivision 1, is amended to read:

Subdivision 1.

Policy plan; general requirements.

The commissioner of the
Pollution Control Agency deleted text begin may deleted text end new text begin shall new text end revise the metropolitan long range policy plan for
solid waste management adopted deleted text begin and revised by the Metropolitan Council prior to the
transfer of powers and duties in Laws 1994, chapter 639, article 5, section 2 deleted text end new text begin in 2011 by
December 31, 2016, and every sixth year thereafter new text end . The plan shall be followed in the
metropolitan area. deleted text begin Until the commissioner revises it, the plan adopted and revised by
the council on September 26, 1991, remains in effect. deleted text end The plan shall address the state
policies and purposes expressed in section 115A.02. In revising the plan the commissioner
shall follow the procedures in subdivision 3. The plan shall include goals and policies
for solid waste management, including recycling consistent with section 115A.551, and
household hazardous waste management consistent with section 115A.96, subdivision 6,
in the metropolitan area.

The plan shall include criteria and standards for solid waste facilities and solid
waste facility sites respecting the following matters: general location; capacity; operation;
processing techniques; environmental impact; effect on existing, planned, or proposed
collection services and waste facilities; and economic viability. The plan shall, to the
extent practicable and consistent with the achievement of other public policies and
purposes, encourage ownership and operation of solid waste facilities by private industry.
For solid waste facilities owned or operated by public agencies or supported primarily by
public funds or obligations issued by a public agency, the plan shall include additional
criteria and standards to protect comparable private and public facilities already existing
in the area from displacement unless the displacement is required in order to achieve the
waste management objectives identified in the plan. In revising the plan, the commissioner
shall consider the orderly and economic development, public and private, of the
metropolitan area; the preservation and best and most economical use of land and water
resources in the metropolitan area; the protection and enhancement of environmental
quality; the conservation and reuse of resources and energy; the preservation and
promotion of conditions conducive to efficient, competitive, and adaptable systems
of waste management; and the orderly resolution of questions concerning changes in
systems of waste management. Criteria and standards for solid waste facilities shall be
consistent with rules adopted by the Pollution Control Agency pursuant to chapter 116 and
shall be at least as stringent as the guidelines, regulations, and standards of the federal
Environmental Protection Agency.

Sec. 101.

Minnesota Statutes 2010, section 473.149, subdivision 6, is amended to read:

Subd. 6.

Report to legislature.

The commissioner shall report on abatement to
the new text begin senate and house of representatives committees having jurisdiction over ways and
means, finance, new text end environment and natural resources deleted text begin committees of the senate and house
of representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and
Natural Resources Finance by July 1 of each odd-numbered year deleted text end new text begin policy, and environment
and natural resources finance new text end . The report must include an assessment of whether the
objectives of the metropolitan abatement plan have been met and whether each county
and each class of city within each county have achieved the objectives set for it in the
plan. The report must recommend any legislation that may be required to implement the
plan. The report shall be included in the report required by section 115A.411. If in any
year the commissioner reports that the objectives of the abatement plan have not been
met, the commissioner shall evaluate and report on the need to reassign governmental
responsibilities among cities, counties, and metropolitan agencies to assure implementation
and achievement of the metropolitan and local abatement plans and objectives.

The report must include a report on the operating, capital, and debt service costs of
solid waste facilities in the metropolitan area; changes in the costs; the methods used to
pay the costs; and the resultant allocation of costs among users of the facilities and the
general public. The facility costs report must present the cost and financing analysis in the
aggregate and broken down by county and by major facility.

Sec. 102.

Minnesota Statutes 2010, section 473.846, is amended to read:

473.846 deleted text begin REPORT deleted text end new text begin REPORTS new text end TO LEGISLATURE.

The agency shall submit to the senate deleted text begin Finance Committee, the deleted text end new text begin and new text end house of
representatives deleted text begin Ways and Means Committee, and the Environment and Natural Resources
Committees of the senate and house of representatives, the Finance Division of the senate
Committee on Environment and Natural Resources, and the house of representatives
Committee on deleted text end new text begin committees having jurisdiction over new text end environment and natural resources
deleted text begin finance deleted text end separate reports describing the activities for which money for landfill abatement
has been spent under sections 473.844 and 473.845. deleted text begin The agency shall report by November
1 of each year on expenditures during its previous fiscal year. The commissioner shall
report on expenditures during the previous calendar year and must incorporate its report deleted text end new text begin
The report for section 473.844 expenditures shall be included new text end in the report required by
section 115A.411 deleted text begin , due July 1 of each odd-numbered year deleted text end . new text begin By December 31 of each year,
the commissioner shall submit the report for section 473.845 on contingency action
trust fund activities. In both reports, new text end the commissioner shall make recommendations
deleted text begin to the Environment and Natural Resources Committees of the senate and house of
representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and
Natural Resources Finance deleted text end on the future management and use of the metropolitan landfill
abatement account.

Sec. 103.

new text begin [574.2631] SURVEYORS WORKING ON STATE LANDS; BONDS;
INSURANCE.
new text end

new text begin The commissioner of natural resources shall not require a surveyor working on lands
administered by the commissioner to obtain insurance or bonds in excess of $1,000,000.
new text end

Sec. 104.

Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended by
Laws 2009, chapter 37, article 1, section 60, is amended to read:

Subd. 2. Land and Mineral Resources Management

11,747,000

11,272,000

Appropriations by Fund
General	6,633,000	6,230,000
Natural Resources	3,551,000	3,447,000
Game and Fish	1,363,000	1,395,000
Permanent School	200,000	200,000

$475,000 the first year and $475,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account in
the natural resources fund and $275,000 each
year is from the general fund. $237,500 the
first year and $237,500 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

$2,800,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c).

$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.

$15,000 the first year is for a report
by February 1, 2008, to the house and
senate committees with jurisdiction over
environment and natural resources on
proposed minimum legal and conservation
standards that could be applied to
conservation easements acquired with public
money.

$1,201,000 the first year and $701,000 the
second year are to support the land records
management system. Of this amount,
$326,000 the first year and $326,000 the
second year are from the game and fish fund
and $375,000 the first year and $375,000 the
second year are from the natural resources
fund. The unexpended balances are available
until June 30, 2011. deleted text begin The commissioner
must report to the legislative chairs on
environmental finance on the outcomes of
the land records management support.
deleted text end

$500,000 the first year and $500,000 the
second year are for land asset management.
This is a onetime appropriation.

Sec. 105.

Laws 2010, chapter 362, section 2, subdivision 7, is amended to read:

Subd. 7. Renewable Energy

-0-

3,364,000

(a) Algae for Fuels Pilot Project

$900,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to demonstrate an innovative microalgae
production system utilizing and treating
sanitary wastewater to produce biofuels
from algae. This appropriation is available
until June 30, 2013, by which time the
project must be completed and final products
delivered.

(b) Sustainable Biofuels

$221,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to determine how fertilization and irrigation
impact yields of grass monoculture and high
diversity prairie biofuel crops, their storage
of soil carbon, and susceptibility to invasion
by exotic species. This appropriation is
available until June 30, 2013, by which time
the project must be completed and final
products delivered.

(c) Linking Habitat Restoration to Bioenergy and Local Economies

$600,000 is from the trust fund to the
commissioner of natural resources to restore
high quality native habitats and expand
market opportunities for deleted text begin utilizing postharvest
restoration as a deleted text end new text begin using the woody by-product
material for new text end bioenergy deleted text begin source. deleted text end new text begin or other
products. The commissioner may provide
grants or otherwise transfer some or all
of this money to other public or private
entities to accomplish these purposes. The
commissioner may sell the material from
public or private property to any viable
market, provided that all of the proceeds
are spent to further the purposes of this
appropriation. new text end This appropriation is available
until June 30, 2013, by which time the
project must be completed and final products
delivered.

(d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs)

$1,500,000 is from the trust fund to
the commissioner of natural resources
for agreements as follows: $206,000
with Audubon Center of the North
Woods; $212,000 with Deep Portage
Learning Center; $350,000 with Eagle
Bluff Environmental Learning Center;
$258,000 with Laurentian Environmental
Learning Center; $240,000 with Long
Lake Conservation Center; and $234,000
with Wolf Ridge Environmental Learning
Center to implement renewable energy,
energy efficiency, and energy conservation
practices at the facilities. Efforts will include
dissemination of related energy education.

Sec. 106.

Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision
7, is amended to read:

Subd. 7. Enforcement

31,613,000

32,225,000

Appropriations by Fund
	2012	2013
General	2,216,000	2,216,000
Natural Resources	8,868,000	9,577,000
Game and Fish	20,429,000	20,332,000
Remediation	100,000	100,000

$1,204,000 the first year and $1,307,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

$240,000 the first year and $143,000
the second year are from the heritage
enhancement account in the game and fish
fund for a conservation officer academy.

$315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.

$250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under Minnesota Statutes, section
84.9011. Grants issued under this paragraph:
(1) must be issued through a formal
agreement with the organization; and (2)
must not be used as a substitute for traditional
spending by the organization. By December
15 each year, an organization receiving a
grant under this paragraph shall report to the
commissioner with details on expenditures
and outcomes from the grant. deleted text begin By January
15, 2013, the commissioner shall report on
the expenditures and outcomes of the grants
to the chairs and ranking minority members
of the legislative committees and divisions
having jurisdiction over natural resources
policy and finance. deleted text end Of this appropriation,
$25,000 each year is for administration of
these grants. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.

$510,000 the first year and $510,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $498,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use.
Of this appropriation, $25,000 each year
is for administration of these grants. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.

$1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.
Any unencumbered balance does not cancel
at the end of the first year and is available for
the second year.

Sec. 107.

Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision
3, is amended to read:

Subd. 3.

Administration.

The commissioner of natural resources shall administer
the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
existing rules and regulations for state recreation areas new text begin , except the following is permitted:
hunting, fishing, and trapping of protected species during designated seasons and dogs
under control for hunting purposes during regular hunting seasons new text end . La Salle Lake State
Recreation Area shall be administered as a satellite unit of Itasca State Park.

Sec. 108. new text begin LEGISLATIVE REPORT ON STATE PARKS, RECREATION AREAS,
TRAILS, AND STATE FOREST DAY USE AREAS.
new text end

new text begin (a) By January 15, 2013, the commissioner of natural resources shall prepare and
submit a report to the chairs and ranking minority members of the house of representatives
and senate legislative committees with jurisdiction over environment and natural resources
policy and finance concerning the long-term funding, use, expansion, and administration
of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas.
new text end

new text begin (b) At a minimum, the report shall include:
new text end

new text begin (1) long-term funding options to reduce reliance on general fund appropriations for
maintaining and operating state parks, recreation areas, trails, and forest day use areas;
new text end

new text begin (2) criteria and considerations for optimizing the system of state parks, recreation
areas, trails, and state forest day use areas to ensure investment focuses on Minnesota's
most important natural resources and the highest quality recreational opportunities; and
new text end

new text begin (3) recommendations for innovative programs and initiatives to increase outdoor
recreation participation among Minnesotans and visitors to the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 109. new text begin ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
APPROPRIATION EXTENSION.
new text end

new text begin (a) The availability of the appropriation is extended to June 30, 2013, for:
new text end

new text begin (1) Laws 2009, chapter 143, section 2, subdivision 5, paragraph (c), cooperative
habitat research in deep lakes; and
new text end

new text begin (2) Laws 2009, chapter 143, section 2, subdivision 6, paragraph (d), controlling the
movement of invasive fish species.
new text end

new text begin (b) The availability of the appropriation is extended to June 30, 2014, for Laws
2009, chapter 143, section 2, subdivision 4, paragraph (c), metropolitan regional park
system acquisition.
new text end

new text begin (c) The availability of the appropriation is extended to June 30, 2015, for Laws
2011, First Special Session chapter 2, article 3, section 2, subdivision 9, paragraph (a),
Minnesota Conservation Apprenticeship Academy.
new text end

Sec. 110. new text begin ENVIRONMENTAL REVIEW REPORT.
new text end

new text begin By November 15, 2012, the Environmental Quality Board shall evaluate and make
recommendations to the governor and the chairs of the house of representatives and
senate committees having jurisdiction over environment and natural resources on how
to improve environmental review, given the changes made in Laws 2011, chapter 4, and
the recommendations contained in the Office of the Legislative Auditor's "Environmental
Review and Permitting Report" dated March 2011. The evaluation and recommendations
shall include a list of categories of mandatory environmental assessment worksheets
and mandatory environmental impact statements, and for each mandatory category a
document including:
new text end

new text begin (1) intended historical purpose of the category;
new text end

new text begin (2) whether projects that fall within the category are also subject to local, state,
and federal permits; and
new text end

new text begin (3) an analysis of whether the mandatory category should be modified, eliminated, or
unchanged based on its relationship to existing permits or other federal, state, or local laws.
new text end

Sec. 111. new text begin BENEFICIAL USE OF WASTEWATER; CITY OF ELK RIVER.
new text end

new text begin Notwithstanding Minnesota Statutes, section 116.195, the executed grant agreement
between Elk River and the state shall be amended to provide for the beneficial use of
treated wastewater effluent provided by the city of Elk River to replace surface water used
for noncontact cooling by the Great River Energy generating facility located in Elk River.
new text end

Sec. 112. new text begin RULEMAKING; INDUSTRIAL MINERALS AND NONFERROUS
MINERAL LEASES.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota
Rules, parts 6125.0100 to 6125.0700 and 6125.8000 to 6125.8700, to conform with the
amendments to Minnesota Statutes, section 93.25, contained in this act. Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 113. new text begin RULEMAKING; NOTICE OF ENVIRONMENTAL ASSESSMENT
WORKSHEET.
new text end

new text begin The Environmental Quality Board may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules
to conform with the amendments to Minnesota Statutes, section 116D.04, subdivision
2a, contained in this act. Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
new text end

Sec. 114. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision
5; 89.06; 90.042; 97A.4742, subdivision 4; 103G.705; 115.447; 115A.07, subdivision 2;
115A.965, subdivision 7; 116.02, subdivisions 7 and 8; and 216H.07, subdivision 4; new text end new text begin
Laws 2011, chapter 107, section 105, new text end new text begin and new text end new text begin Minnesota Rules, parts 7002.0025, subpart
2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts 1, 2, and 3; and 7041.0500,
subparts 5, 6, and 7, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2011 Supplement, sections 86B.508; and 86B.811,
subdivision 1a, new text end new text begin are repealed.
new text end