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HF 2715

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/26/2014 02:08pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying and repealing certain obsolete laws;
providing for certain regulatory efficiencies; modifying requirements for drainage
inspectors; amending Minnesota Statutes 2012, sections 13.7411, subdivision
8; 84.025, subdivision 10; 84.028, subdivision 3; 84.081, subdivision 1;
84.781; 88.6435, subdivision 1; 103C.211; 103C.311, subdivision 1; 103C.401,
subdivision 1; 103E.065; 103F.135, subdivision 1; 103G.005, subdivisions 9,
9a; 103G.315, subdivision 12; 115.06, subdivision 4; 115A.54, subdivision 4;
repealing Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3,
4; 84.163; 84.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50;
84.51; 84.52; 84.521; 84.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701;
103B.702; 103F.131; 103F.155; 103F.378; 103F.381; 103F.383, subdivision
3; 103F.387; 103F.389, subdivisions 1, 2; 103F.391; 115.445; 115B.412,
subdivision 10; 116.181; 116.182, subdivision 3a; 116.195, subdivision 5;
116.54; 116.90; 116C.712; 116C.833, subdivision 2; 173.0845; Laws 2013,
chapter 114, article 4, section 100.

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

Section 1.

Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:


Subd. 8.

Pollution Control Agency.

deleted text begin (a) Hazardous waste generators.
deleted text end Information provided by hazardous waste generators under section 473.151 and for which
confidentiality is claimed is governed by section 116.075, subdivision 2.

deleted text begin (b) Tests. Trade secret information made available by applicants for certain projects
of the Pollution Control Agency is classified under section 116.54.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 84.025, subdivision 10, is amended to read:


Subd. 10.

Recreational vehicles and boats used for public purposes.

deleted text begin All
snowmobiles and outboard motors that are purchased by the commissioner of natural
resources must be of the four-stroke engine model, except that the commissioner may
purchase models with two-stroke engines if the commissioner determines that they are
as environmentally efficient or that four-stroke engines are not practical for the intended
natural resource management purpose.
deleted text end The commissioner shall give preference to engine
models manufactured in the United States. All all-terrain vehicles purchased by the
commissioner must be manufactured in the state of Minnesota.

Sec. 3.

Minnesota Statutes 2012, section 84.028, subdivision 3, is amended to read:


Subd. 3.

Game warden duties; conservation officers.

The operation of the Game
Warden Service in the Division of Game and Fish as constituted before July 1, 1967 is
under the direct control and supervision of the commissioner. The name of the personnel
in such Game Warden Service is changed to conservation officers. Conservation officers
shall continue to have the powers and duties of game wardens as they existed before July 1,
1967 and may be assigned to public relations, conservation instructional activities, and the
enforcement of laws relating to resources management which the commissioner shall direct.
The commissioner shall create a separate division entitled the Division of Enforcement
deleted text begin and Field Servicedeleted text end , to be composed of conservation officers and shall appoint a director
of the division. The commissioner may place the director's position in the unclassified
service if the position meets the criteria established in section 43A.08, subdivision 1a.

Sec. 4.

Minnesota Statutes 2012, section 84.081, subdivision 1, is amended to read:


Subdivision 1.

Directors.

deleted text begin Subject to the commissioner's authority to revise or
abolish existing divisions and to establish new divisions, all as prescribed in section
84.083, subdivision 1,
deleted text end The Department of Natural Resources shall be organized deleted text begin with the
following
deleted text end new text begin intonew text end divisionsdeleted text begin : a Division of Lands and Forestry, a Division of Waters, Soils,
and Minerals, a Division of Game and Fish, a Division of Parks and Recreation, and a
Division of Enforcement and Field Service
deleted text end new text begin subject to the commissioner's authority to
revise or abolish existing divisions and to establish new divisions as prescribed under
section 84.083, subdivision 1
new text end . Each division shall be under the immediate charge of a
director, subject to the supervision and control of the commissioner. The commissioner
may place a director's position in the unclassified service if the position meets the criteria
established in section 43A.08, subdivision 1a. They shall be chosen with regard to
knowledge, training, experience, ability in administering the work of their respective
divisions, and with consideration given to applicable professional registration.

Sec. 5.

Minnesota Statutes 2012, section 84.781, is amended to read:


84.781 USE OF DEPARTMENT RESOURCES.

The commissioner of natural resources may permit Department of Natural Resources
personnel and equipment deleted text begin from the Division of Trails and Waterwaysdeleted text end to be used to assist
local units of government in developing and maintaining off-highway vehicle grant-in-aid
trails located on property owned by or under the control of the local unit of government.

Sec. 6.

Minnesota Statutes 2012, section 88.6435, subdivision 1, is amended to read:


Subdivision 1.

Permits.

A person may not buy more than 100 pounds of decorative
boughs in any calendar year without a bough buyer's permit issued by the commissioner of
natural resources. The annual fee for a permit for a resident or nonresident to buy decorative
boughs is $25. deleted text begin The annual fee may be reduced to $10 if the buyer attends an approved
annual workshop or other orientation session for balsam bough harvesters and buyers.
deleted text end

Sec. 7.

Minnesota Statutes 2012, section 103C.211, is amended to read:


103C.211 CONSOLIDATION deleted text begin AND DIVISIONdeleted text end OF DISTRICTS.

(a) deleted text begin Adeleted text end new text begin One or more districts maynew text end petition deleted text begin to consolidate two or more districts
or to separate a district into two or more districts may be filed with
deleted text end the state board
new text begin for a consolidationnew text end . deleted text begin The petition must be signed by the majority of each board of the
affected districts or by at least 100 resident owners within the affected districts. It is not
necessary to obtain the consent of fee owners in an established district before districts
are consolidated or an existing district is divided. Proceedings provided for petitions to
organize a district shall be followed as far as they are applicable. The state board shall
prescribe the form for a petition, which shall be as nearly as possible in the form for
petitions to organize a district.
deleted text end new text begin The state board shall take action on the petition if signed
by a majority of the supervisors of each of the affected districts.
new text end

deleted text begin (b) The eligible voters within the affected districts may vote in the referendum. The
state board may not determine the administrative feasibility of consolidating or separating
districts unless a majority of the votes cast in the referendum within each separate district
affected, or within each separate area sought to be made a separate district, is in favor of
the consolidation or separation.
deleted text end

deleted text begin (c) When districts are consolidated or separated, the corporate existence and terms
of office of the officers of the old districts expire upon the issuance and recording by the
secretary of state of a certificate of organization of the new districts. Upon consolidation,
the rights and liabilities of the consolidating districts shall be assumed by the consolidated
district. Upon separation, the rights and liabilities of the original district shall be vested
in and assumed by the new districts in an equitable proportion determined by the state
board. A separation does not affect the term of office for which a supervisor was elected
or appointed. The supervisor shall continue to represent the district where the supervisor
resides for that full term.
deleted text end

new text begin (b) The petition must:
new text end

new text begin (1) describe with particularity the change requested, the territory affected, and the
reasons for the change;
new text end

new text begin (2) illustrate that the change is consistent with the purpose and requirements of
sections 103C.201 to 103C.335;
new text end

new text begin (3) identify the proposed name for the consolidated district;
new text end

new text begin (4) identify the location of the principal office of the consolidated district;
new text end

new text begin (5) identify potential changes to supervisor districts;
new text end

new text begin (6) identify changes in supervisors that would result from the proposed consolidation;
new text end

new text begin (7) provide a list of nominees for vacant supervisor positions; and
new text end

new text begin (8) be accompanied by resolutions of support signed by each district board affected
by the change.
new text end

new text begin (c) Upon the filing of a valid petition, the state board shall give notice that the
petition has been filed. The notice must:
new text end

new text begin (1) be made by publication in a legal newspaper in each county affected by the
petition;
new text end

new text begin (2) be made by mail to the auditor of each county affected by the petition;
new text end

new text begin (3) describe the actions proposed by the petition;
new text end

new text begin (4) invite written comments on the petition for the consideration by the state board;
new text end

new text begin (5) state that a person who objects to the actions proposed in the petition may submit
a written request for hearing to the state board within 30 days of the last publication of the
notice under this paragraph. The request must contain 25 or more signatures from resident
owners residing in the affected districts; and
new text end

new text begin (6) state that if a timely request for hearing is not received, the state board may make
a decision on the petition at a future meeting of the state board.
new text end

new text begin (d) If one or more timely requests for hearing are received, the state board must hold
a hearing on the petition.
new text end

new text begin (e) The state board must establish the proposed consolidation, by order, if the
board determines the consolidation promotes public health and welfare and the proposed
consolidation would advance the purposes of this chapter.
new text end

new text begin (f) When districts are consolidated, the corporate existence and terms of office of the
officers of the old districts expire upon the issuance and recording by the secretary of state
of a certificate of organization of the new district. Upon consolidation, the rights, assets,
and liabilities of the consolidating districts shall be assumed by the consolidated district.
new text end

new text begin (g) If nomination districts are changed, the state board shall appoint supervisors to
fill vacancies resulting from the consolidation within 30 days after the action is taken. A
majority of the supervisors' terms must expire after the next general election following
their appointments and the remaining supervisors' terms must expire after the second
general election following their appointments.
new text end

new text begin (h) No sooner than two years after the date of consolidation, the affected districts
may petition the state board to have the action reversed through the same procedure
outlined in paragraphs (a) to (f). When a consolidation is reversed, the state board shall
order the appointments and distribution or transfer of assets and liabilities.
new text end

Sec. 8.

Minnesota Statutes 2012, section 103C.311, subdivision 1, is amended to read:


Subdivision 1.

Supervisors elected at large.

(a) The district board shall, with
the approval of the state board, divide a district into supervisor districts for purposes of
nomination for election. At each election after the division, one or more supervisors
shall be nominated from each supervisor district. A supervisor must be a resident of the
supervisor district to be elected.

(b) If the boundary of a soil and water conservation district has been substantially
changed by a division of the district, the district shall be divided into supervisor districts
for nomination purposes.

(c) new text begin Except for consolidation under section 103C.211, new text end this subdivision does not
disqualify a supervisor during the term for which the supervisor was elected or nominated
for election. Supervisors nominated from the supervisor districts shall be included on the
ballot for election from the entire area included in the soil and water conservation district.

(d) A certified copy of the minutes or the resolution of the supervisors establishing
supervisor districts must be promptly filed by the chair of the district board with the
county auditor of the counties where the district is located and with the state board.

Sec. 9.

Minnesota Statutes 2012, section 103C.401, subdivision 1, is amended to read:


Subdivision 1.

Powers and duties.

In addition to the powers and duties of the state
board provided by other law, the state board shall:

(1) offer to assist the district boards to implement their programs;

(2) keep the district boards of the state informed of the activities and experience of
other districts and facilitate cooperation and an interchange of advice and experience
among the districts;

(3) coordinate the programs and activities of the districts with appropriate agencies
by advice and consultation;

(4) approve or disapprove the plans or programs of districts relating to the use of
state funds administered by the state board;

(5) secure the cooperation and assistance of agencies in the work of the districts
and develop a program to advise and assist appropriate agencies in obtaining state and
federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
control programs;

(6) develop and implement a public information program concerning the districts'
activities and programs, the problems and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood prevention, and the advantages of
formation of districts in areas where their organization is desirable;

(7) deleted text begin divide anddeleted text end consolidate districts without a hearing or a referendum deleted text begin to confine
districts within county limits, without allowing a district, if feasible and practicable, to
contain less than four full or fractional congressional townships
deleted text end ;

(8) assist the statewide program to inventory and classify the types of soils in the
state as determined by the Minnesota Cooperative Soil Survey;

(9) identify research needs and cooperate with other public agencies in research
concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
related pollution, the amounts and sources of sediment and pollutants delivered to the
waters of the state, and long-term soil productivity;

(10) develop structural, land use management practice, and other programs to reduce
or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;

(11) develop a system of priorities to identify the erosion, flooding, sediment, and
agriculturally related pollution problem areas that most need control systems;

(12) ensure compliance with statewide programs and policies established by the state
board by advice, consultation, and approval of grant agreements with the districts; and

(13) service requests from districts to consolidate districts across county boundaries
and facilitate other agreed-to reorganizations of districts with other districts or other local
units of government, including making grants, within the limits of available funds, to
offset the cost of consolidation or reorganization.

Sec. 10.

Minnesota Statutes 2012, section 103E.065, is amended to read:


103E.065 DRAINAGE INSPECTORS.

In counties or watershed districts having drainage systems constructed in accordance
with this chapter, the drainage authority shall appoint a competent person as drainage
inspector. new text begin The inspector must not be a county commissioner. new text end The inspector may be the
county highway engineer. The inspector shall examine the drainage systems designated
by the drainage authority. The drainage authority shall specify the appointment period
and compensation.

Sec. 11.

Minnesota Statutes 2012, section 103F.135, subdivision 1, is amended to read:


Subdivision 1.

Commissioner's duties.

The commissioner shall:

(1) collect and distribute information relating to flooding and floodplain management;

(2) coordinate local, state, and federal floodplain management activities to the
greatest extent possible, and encourage the United States Army Corps of Engineers and
the United States deleted text begin Soil Conservation Servicedeleted text end new text begin Department of Agriculturenew text end to make their
flood control planning data available to local governmental units for planning purposes,
to allow adequate local participation in the planning process and in the selection of
desirable alternatives;

(3) assist local governmental units in their floodplain management activities; and

(4) do all other things, within lawful authority, that are necessary or desirable to
manage the floodplain for beneficial uses compatible with the preservation of the capacity
of the floodplain to carry and discharge the regional flood.

Sec. 12.

Minnesota Statutes 2012, section 103G.005, subdivision 9, is amended to read:


Subd. 9.

Director.

"Director" means the director of the Division of deleted text begin Waters
deleted text end new text begin Ecological and Water Resourcesnew text end of the Department of Natural Resources.

Sec. 13.

Minnesota Statutes 2012, section 103G.005, subdivision 9a, is amended to read:


Subd. 9a.

Division.

"Division" means the Division of deleted text begin Watersdeleted text end new text begin Ecological and Water
Resources
new text end of the Department of Natural Resources.

Sec. 14.

Minnesota Statutes 2012, section 103G.315, subdivision 12, is amended to
read:


Subd. 12.

Permit not issued until fees are paid.

Except for field inspection fees
related to monitoring, the commissioner may not issue a permit until all fees required by
section 103G.301 relating to the issuance of a permit have been paid. deleted text begin The time limits
prescribed by section 103G.305, subdivision 1, do not apply to an application for which
the appropriate fee has not been paid.
deleted text end Field inspection fees relating to monitoring of an
activity authorized by a permit may be charged and collected as necessary at any time
after the issuance of the permit.

Sec. 15.

Minnesota Statutes 2012, 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.

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

Sec. 16.

Minnesota Statutes 2012, section 115A.54, subdivision 4, is amended to read:


Subd. 4.

Termination of obligations; good faith effort.

Notwithstanding the
provisions of section 16A.695, the commissioner may terminate the obligations of a grant
or loan recipient under this section, if the commissioner finds that the recipient has made a
good faith effort to exhaust all options in trying to comply with the terms and conditions
of the grant or loan. In lieu of declaring a default on a grant or a loan under this section,
the commissioner may identify additional measures a recipient should take in order to
meet the good faith test required for terminating the recipient's obligations under this
section. deleted text begin By December 15 of each year, the commissioner shall report to the legislature
the defaults and terminations the commissioner has ordered in the previous year, if any.
No decision on termination under this section is effective until the end of the legislative
session following the commissioner's report.
deleted text end

Sec. 17. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall delete the range reference "103F.101 to 103F.155" and
insert "103F.101 to 103F.151" and delete the range reference "103F.105 to 103F.155"
and insert "103F.105 to 103F.151" wherever the range references appear in Minnesota
Statutes and Minnesota Rules.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3 and 4; 84.163;
84.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52; 84.521;
84.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702; 103F.131; 103F.155;
103F.378; 103F.381; 103F.383, subdivision 3; 103F.387; 103F.389, subdivisions 1 and 2;
103F.391; 115.445; 115B.412, subdivision 10; 116.181; 116.182, subdivision 3a; 116.195,
subdivision 5; 116.54; 116.90; 116C.712; 116C.833, subdivision 2; and 173.0845,
new text end new text begin and
new text end new text begin Laws 2013, chapter 114, article 4, section 100, new text end new text begin are repealed.
new text end