HF 2733

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/05/2014 03:43pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2733

1.2A bill for an act

1.3relating to natural resources; modifying all-terrain vehicle and off-highway
1.4motorcycle provisions; providing for certain regulatory efficiencies; modifying
1.5invasive species provisions; modifying definition of snowmobile; prohibiting
1.6tampering with off-road recreational vehicle odometers; modifying use of forest
1.7trails; modifying outdoor recreation system provisions; modifying Water Law;
1.8modifying forestry provisions; modifying provision related to environmental
1.9impact statements;amending Minnesota Statutes 2012, sections 17.4982,
1.10subdivision 18a; 84.027, subdivisions 13a, 14a; 84.0857; 84.791, subdivision 4;
1.1184.81, subdivision 3; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 3; 84.926,
1.12subdivision 4; 84D.01, subdivisions 8, 8b, 13, 15, 17, 18; 84D.03, as amended;
1.1384D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13,
1.14subdivision 5; 86A.09; 86A.11; 89A.02; 89A.03, subdivisions 1, 6; 89A.04;
1.1589A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07; 89A.08,
1.16subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; 97C.821; 103E.065; 103F.121,
1.17subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.287,
1.18subdivision 2; 103G.305, subdivision 1; 103G.615, subdivision 3a; 116D.04,
1.19subdivision 2a; 325E.13, by adding a subdivision; 325E.14, subdivisions 1,
1.203, 4, 6; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision
1.2113; 84.9256, subdivision 1; 84D.10, subdivision 4; 84D.105, subdivision 2;
1.22103C.311, subdivision 2; 103G.287, subdivision 4; proposing coding for new law
1.23in Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 2012, sections
1.2484.521; 89.01, subdivision 7; 89A.05, subdivisions 2a, 4; 89A.06, subdivision
1.252a; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.
1.26May 5, 2014
1.27The Honorable Paul Thissen
1.28Speaker of the House of Representatives
1.29The Honorable Sandra L. Pappas
1.30President of the Senate
1.31We, the undersigned conferees for H. F. No. 2733 report that we have agreed upon
1.32the items in dispute and recommend as follows:
1.33That the Senate recede from its amendments and that H. F. No. 2733 be further
1.34amended as follows:
1.35Delete everything after the enacting clause and insert:

1.36    "Section 1. Minnesota Statutes 2012, section 17.4982, subdivision 18a, is amended to
1.37read:
2.1    Subd. 18a. Nonindigenous species. "Nonindigenous species" means a species of
2.2fish or other aquatic life that is:
2.3(1) not known to have been historically present in the state;
2.4(2) not known to be naturally occurring in a particular part of the state; or
2.5(3) designated listed by rule as a prohibited or regulated invasive species.

2.6    Sec. 2. Minnesota Statutes 2012, section 84.027, subdivision 12, is amended to read:
2.7    Subd. 12. Property disposal; gift acknowledgment; advertising sales. (a) The
2.8commissioner may give away to members of the public items with a value of less than $50
2.9that are intended to promote conservation of natural resources or create awareness of the
2.10state and its resources or natural resource management programs. The total value of items
2.11given to the public under this paragraph may not exceed $25,000 per year.
2.12(b) (a) The commissioner may recognize the contribution of money or in-kind
2.13services on plaques, signs, publications, audio-visual materials, and media advertisements
2.14by allowing the organization's contribution to be acknowledged in print of readable size.
2.15(c) (b) The commissioner may accept paid advertising for departmental publications.
2.16Advertising revenues received are appropriated to the commissioner to be used to
2.17defray costs of publications, media productions, or other informational materials. The
2.18commissioner may not accept paid advertising from any elected official or candidate
2.19for elective office.

2.20    Sec. 3. Minnesota Statutes 2013 Supplement, section 84.027, subdivision 13, is
2.21amended to read:
2.22    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
2.23adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
2.24under:
2.25(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
2.26areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
2.27prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
2.28disease, to open or close bodies of water or portions of bodies of water for night bow
2.29fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.30(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
2.31roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.32(3) section 84D.12 to designate list prohibited invasive species, regulated invasive
2.33species, unregulated nonnative species, and infested waters.
3.1(b) If conditions exist that do not allow the commissioner to comply with sections
3.297A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
3.3based upon current biological and harvest data, the commissioner may adopt a rule
3.4under this subdivision by submitting the rule to the attorney general for review under
3.5section 97A.0455, publishing a notice in the State Register and filing the rule with the
3.6secretary of state and the Legislative Coordinating Commission, and complying with
3.7section 97A.0459, and including a statement of the conditions and a copy of the rule in the
3.8notice. The conditions for opening a water body or portion of a water body for night bow
3.9fishing under this section may include the need to temporarily open the area to evaluate
3.10compatibility of the activity on that body of water prior to permanent rulemaking. The
3.11notice may be published after it is received from the attorney general or five business days
3.12after it is submitted to the attorney general, whichever is earlier.
3.13(c) Rules adopted under paragraph (b) are effective upon publishing in the State
3.14Register and may be effective up to seven days before publishing and filing under
3.15paragraph (b), if:
3.16(1) the commissioner of natural resources determines that an emergency exists;
3.17(2) the attorney general approves the rule; and
3.18(3) for a rule that affects more than three counties the commissioner publishes the
3.19rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
3.20rule that affects three or fewer counties the commissioner publishes the rule once in a legal
3.21newspaper in each of the affected counties.
3.22(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
3.23(3), may not be effective earlier than seven days after publication.
3.24(e) A rule published under paragraph (c), clause (3), may be effective the day the
3.25rule is published if the commissioner gives notice and holds a public hearing on the rule
3.26within 15 days before publication.
3.27(f) The commissioner shall attempt to notify persons or groups of persons affected
3.28by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
3.29other appropriate means as determined by the commissioner.
3.30(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
3.31effective for the period stated in the notice but not longer than 18 months after the rule is
3.32effective.

3.33    Sec. 4. Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:
4.1    Subd. 13a. Game and fish expedited permanent rules. In addition to the authority
4.2granted in subdivision 13, the commissioner of natural resources may adopt rules under
4.3section 14.389 that are authorized under:
4.4    (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
4.5designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
4.6to provide for registration of game or fish, to prevent or control wildlife disease, or to
4.7correct errors or omissions in rules that do not have a substantive effect on the intent or
4.8application of the original rule; or
4.9    (2) section 84D.12 to designate list prohibited invasive species, regulated invasive
4.10species, and unregulated nonnative species.

4.11    Sec. 5. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
4.12    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
4.13and resource management permits be issued or denied within 150 days of the submission
4.14of a permit application. The commissioner of natural resources shall establish management
4.15systems designed to achieve the goal.
4.16(b) The commissioner shall prepare semiannual a permitting efficiency reports
4.17 report that include includes statistics on meeting the goal in paragraph (a). The reports
4.18are report is due February 1 and August 1 each year. For permit applications that have
4.19not met the goal, the report must state the reasons for not meeting the goal. In stating the
4.20reasons for not meeting the goal, the commissioner shall separately identify delays caused
4.21by the responsiveness of the proposer, lack of staff, scientific or technical disagreements,
4.22or the level of public engagement. The report must specify the number of days from
4.23initial submission of the application to the day of determination that the application is
4.24complete. The report for August 1 each year must aggregate the data for the year and
4.25assess whether program or system changes are necessary to achieve the goal. The report
4.26must be posted on the department's Web site and submitted to the governor and the chairs
4.27and ranking minority members of the house of representatives and senate committees
4.28having jurisdiction over natural resources policy and finance.
4.29(c) The commissioner shall allow electronic submission of environmental review
4.30and permit documents to the department.
4.31(d) Beginning July 1, 2011, within 30 business days of application for a permit subject
4.32to paragraph (a), the commissioner of natural resources shall notify the project proposer,
4.33in writing, whether the application is complete or incomplete. If the commissioner
4.34determines that an application is incomplete, the notice to the applicant must enumerate
4.35all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
5.1the applicant on how the deficiencies can be remedied. This paragraph does not apply to
5.2an application for a permit that is subject to a grant or loan agreement under chapter 446A.

5.3    Sec. 6. Minnesota Statutes 2012, section 84.0857, is amended to read:
5.484.0857 FACILITIES MANAGEMENT ACCOUNT.
5.5    (a) The commissioner of natural resources may bill organizational units within
5.6the Department of Natural Resources and other governmental units, including tribal
5.7governments, for the costs of providing them with building and infrastructure facilities.
5.8Costs billed may include modifications and adaptations to allow for appropriate building
5.9occupancy, building code compliance, insurance, utility services, maintenance, repair, and
5.10other direct costs as determined by the commissioner. Receipts shall be credited to a
5.11special account in the state treasury and are appropriated to the commissioner to pay the
5.12costs for which the billings were made.
5.13    (b) Money deposited in the special account from the proceeds of a sale under section
5.1494.16 , subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
5.15facilities or renovate existing buildings for administrative use or to acquire land for,
5.16design, and construct administrative buildings for the Department of Natural Resources.
5.17(c) The commissioner of natural resources may bill organizational units within
5.18the Department of Natural Resources and other governmental units, including tribal
5.19governments, for the costs of operating facilities. Receipts shall be credited to a special
5.20account in the state treasury and are appropriated to the commissioner to pay the costs
5.21for which the billings were made.

5.22    Sec. 7. Minnesota Statutes 2012, section 84.791, subdivision 4, is amended to read:
5.23    Subd. 4. Off-highway motorcycle safety courses; reciprocity with other states;
5.24accepted equivalencies. (a) The commissioner may enter into reciprocity agreements
5.25or otherwise certify off-highway motorcycle environment and safety education and
5.26training courses from other states that are substantially similar to in-state courses. Proof
5.27of completion of a course subject to a reciprocity agreement or certified as substantially
5.28similar is adequate to meet the safety certificate requirements of sections 84.787 to 84.795.
5.29    (b) Proof of completion of the Motorcycle Safety Foundation Dirtbike School is
5.30adequate to meet the safety certificate requirements of sections 84.787 to 84.795.

5.31    Sec. 8. Minnesota Statutes 2012, section 84.81, subdivision 3, is amended to read:
5.32    Subd. 3. Snowmobile. "Snowmobile" means a self-propelled vehicle originally
5.33manufactured and designed for travel on snow or ice steered by skis or runners.
6.1 Snowmobile does not include the following vehicles equipped with aftermarket ski and
6.2track configurations:
6.3(1) an all-terrain vehicle defined in section 84.92;
6.4(2) an off-highway motorcycle defined in section 84.787;
6.5(3) an off-road vehicle defined in section 84.797;
6.6(4) a mini truck defined in section 169.011;
6.7(5) a utility task vehicle described in section 169.045; or
6.8(6) any other vehicle being operated off road.

6.9    Sec. 9. Minnesota Statutes 2012, section 84.92, subdivision 8, is amended to read:
6.10    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
6.11motorized flotation-tired vehicle of not less than three low pressure tires, but not more
6.12than six low pressure or non-pneumatic tires, that is limited in engine displacement of
6.13less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 2
6.14all-terrain vehicle.

6.15    Sec. 10. Minnesota Statutes 2012, section 84.92, subdivision 9, is amended to read:
6.16    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
6.17all-terrain vehicle that has a total dry weight of less than 1,000 1,200 pounds.

6.18    Sec. 11. Minnesota Statutes 2012, section 84.92, subdivision 10, is amended to read:
6.19    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
6.20all-terrain vehicle that has a total dry weight of 1,000 1,200 to 1,800 pounds.

6.21    Sec. 12. Minnesota Statutes 2012, section 84.925, subdivision 3, is amended to read:
6.22    Subd. 3. All-terrain vehicle safety courses; reciprocity with other states;
6.23accepted equivalencies. (a) The commissioner may enter into reciprocity agreements
6.24or otherwise certify all-terrain vehicle environmental and safety education and training
6.25courses from other states that are substantially similar to in-state courses. Proof of
6.26completion of a course subject to a reciprocity agreement or certified as substantially
6.27similar is adequate to meet the safety certificate requirements of sections 84.92 to 84.928.
6.28    (b) Proof of completion of the ATV RiderCourse offered by the All-Terrain Vehicle
6.29Safety Institute is adequate to meet the safety certificate requirements of sections 84.92
6.30to 84.928.

7.1    Sec. 13. Minnesota Statutes 2013 Supplement, section 84.9256, subdivision 1, is
7.2amended to read:
7.3    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on
7.4public road rights-of-way that is permitted under section 84.928 and as provided under
7.5paragraph (j), a driver's license issued by the state or another state is required to operate an
7.6all-terrain vehicle along or on a public road right-of-way.
7.7    (b) A person under 12 years of age shall not:
7.8    (1) make a direct crossing of a public road right-of-way;
7.9    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
7.10    (3) operate an all-terrain vehicle on public lands or waters, except as provided in
7.11paragraph (f).
7.12    (c) Except for public road rights-of-way of interstate highways, a person 12 years
7.13of age but less than 16 years may make a direct crossing of a public road right-of-way
7.14of a trunk, county state-aid, or county highway or operate on public lands and waters or
7.15state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
7.16certificate issued by the commissioner and is accompanied by a person 18 years of age or
7.17older who holds a valid driver's license.
7.18    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
7.19old, but less than 18 16 years old, must:
7.20    (1) successfully complete the safety education and training program under section
7.2184.925 , subdivision 1, including a riding component; and
7.22    (2) be able to properly reach and control the handle bars and reach the foot pegs
7.23while sitting upright on the seat of the all-terrain vehicle.
7.24    (e) A person at least 11 years of age may take the safety education and training
7.25program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
7.26the certificate is not valid until the person reaches age 12.
7.27    (f) A person at least ten years of age but under 12 years of age may operate an
7.28all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
7.29accompanied by a parent or legal guardian.
7.30    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
7.31    (h) A person under the age of 16 may not operate an all-terrain vehicle on public
7.32lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
7.33control the handle bars and reach the foot pegs while sitting upright on the seat of the
7.34all-terrain vehicle.
7.35(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
7.3616 years old, may make a direct crossing of a public road right-of-way of a trunk, county
8.1state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
8.2or state or grant-in-aid trails if:
8.3(1) the nonresident youth has in possession evidence of completing an all-terrain
8.4safety course offered by the ATV Safety Institute or another state as provided in section
8.584.925 , subdivision 3; and
8.6(2) the nonresident youth is accompanied by a person 18 years of age or older who
8.7holds a valid driver's license.
8.8(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
8.9vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
8.10section 84.928 if the person:
8.11(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
8.12and
8.13(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

8.14    Sec. 14. Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:
8.15    Subd. 4. Off-road and all-terrain vehicles; limited or managed forests; trails.
8.16Notwithstanding section 84.777, but subject to the commissioner's authority under
8.17subdivision 5, on state forest lands classified as limited or managed, other than the Richard
8.18J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
8.19168 or section 84.798 or 84.922, including class 2 all-terrain vehicles, on forest trails
8.20designated for off-road vehicle use and on forest trails that are not designated for a
8.21specific use when:
8.22(1) hunting big game or transporting or installing hunting stands during October,
8.23November, and December, when in possession of a valid big game hunting license;
8.24(2) retrieving big game in September, when in possession of a valid big game
8.25hunting license;
8.26(3) tending traps during an open trapping season for protected furbearers, when in
8.27possession of a valid trapping license; or
8.28(4) trapping minnows, when in possession of a valid minnow dealer, private fish
8.29hatchery, or aquatic farm license.

8.30    Sec. 15. Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:
8.31    Subd. 8. Infested waters. "Infested waters" means waters of the state designated
8.32 listed by the commissioner under sections 84D.03, subdivision 1, and 84D.12.

8.33    Sec. 16. Minnesota Statutes 2012, section 84D.01, subdivision 8b, is amended to read:
9.1    Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to determine
9.2whether aquatic invasive species, aquatic macrophytes, or water is present and includes
9.3removal, drainage, decontamination, collection and sampling, or treatment to prevent the
9.4transportation and spread of aquatic invasive species, aquatic macrophytes, and water.

9.5    Sec. 17. Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:
9.6    Subd. 13. Prohibited invasive species. "Prohibited invasive species" means a
9.7nonnative species that has been designated listed as a prohibited invasive species in a rule
9.8adopted by the commissioner under section 84D.12.

9.9    Sec. 18. Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:
9.10    Subd. 15. Regulated invasive species. "Regulated invasive species" means a
9.11nonnative species that has been designated listed as a regulated invasive species in a rule
9.12adopted by the commissioner under section 84D.12.

9.13    Sec. 19. Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:
9.14    Subd. 17. Unlisted nonnative species. "Unlisted nonnative species" means a
9.15nonnative species that has not been designated listed as a prohibited invasive species, a
9.16regulated invasive species, or an unregulated nonnative species in a rule adopted by the
9.17commissioner under section 84D.12.

9.18    Sec. 20. Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:
9.19    Subd. 18. Unregulated nonnative species. "Unregulated nonnative species" means
9.20a nonnative species that has been designated listed as an unregulated nonnative species in
9.21a rule adopted by the commissioner under section 84D.12.

9.22    Sec. 21. Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter
9.23121, section 10, is amended to read:
9.2484D.03 INFESTED WATERS; RESTRICTED ACTIVITIES.
9.25    Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall
9.26designate list a water of the state as an infested water if the commissioner determines that:
9.27    (1) the water contains a population of an aquatic invasive species that could spread
9.28to other waters if use of the water and related activities are not regulated to prevent this; or
9.29    (2) the water is highly likely to be infested by an aquatic invasive species because it
9.30is connected to a water that contains a population of an aquatic invasive species.
10.1    (b) When determining which invasive species comprise infested waters, the
10.2commissioner shall consider:
10.3    (1) the extent of a species distribution within the state;
10.4    (2) the likely means of spread for a species; and
10.5    (3) whether regulations specific to infested waters containing a specific species
10.6will effectively reduce that species' spread.
10.7    (c) The presence of common carp and curly-leaf pondweed shall not be the basis
10.8for designating listing a water as infested.
10.9    (d) The designation of infested waters by the commissioner shall be by written
10.10order published in the State Register maintain a list of infested waters and provide access
10.11to a copy of the listed waters. Designations Listings are not subject to the rulemaking
10.12provisions of chapter 14 and section 14.386 does not apply.
10.13    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
10.14waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
10.15(b) and section 97C.341.
10.16    (b) In waters that are designated listed as infested waters, except those designated
10.17 listed because they contain prohibited invasive species of fish or certifiable diseases of fish,
10.18as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:
10.19    (1) commercial taking of wild animals for bait and aquatic farm purposes according
10.20to a permit issued under section 84D.11, subject to rules adopted by the commissioner;
10.21    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
10.22water milfoil, when the infested waters are designated listed solely because they contain
10.23Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
10.24traps not exceeding 16 inches in diameter and 32 inches in length; and
10.25(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
10.26suckers for bait from streams or rivers designated listed as infested waters, by hook and
10.27line for noncommercial personal use. Other provisions that apply to this clause are:
10.28(i) fish taken under this clause must be used on the same body of water where caught
10.29and while still on that water body;
10.30(ii) fish taken under this clause may not be transported live from or off the water body;
10.31(iii) fish harvested under this clause may only be used in accordance with this section;
10.32(iv) any other use of wild animals used for bait from infested waters is prohibited;
10.33(v) fish taken under this clause must meet all other size restrictions and requirements
10.34as established in rules; and
10.35(vi) all species listed under this clause shall be included in the person's daily limit as
10.36established in rules, if applicable.
11.1    (c) Equipment authorized for minnow harvest in a designated listed infested water
11.2by permit issued under paragraph (b) may not be transported to, or used in, any waters
11.3other than waters specified in the permit.
11.4    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
11.5restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
11.6stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an
11.7infested water that is designated listed because it contains invasive fish, invertebrates, or
11.8certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
11.9a commercial licensee operates in an infested water designated listed because it contains
11.10invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
11.11traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
11.12crayfish harvesting in waters designated listed as infested with invasive fish, invertebrates,
11.13or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
11.14the commissioner, as specified in the commercial licensee's license or permit. This tagging
11.15requirement does not apply to commercial fishing equipment used in Lake Superior.
11.16(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
11.17turtle, frog, or crayfish harvesting in an infested water that is designated listed solely
11.18because it contains Eurasian water milfoil must be dried for a minimum of ten days or
11.19frozen for a minimum of two days before they are used in any other waters, except as
11.20provided in this paragraph. Commercial licensees must notify the department's regional
11.21or area fisheries office or a conservation officer before removing nets or equipment from
11.22an infested water designated listed solely because it contains Eurasian water milfoil and
11.23before resetting those nets or equipment in any other waters. Upon notification, the
11.24commissioner may authorize a commercial licensee to move nets or equipment to another
11.25water without freezing or drying, if that water is designated listed as infested solely
11.26because it contains Eurasian water milfoil.
11.27(c) A commercial licensee must remove all aquatic macrophytes from nets and other
11.28equipment before placing the equipment into waters of the state.
11.29(d) The commissioner shall provide a commercial licensee with a current listing of
11.30designated listed infested waters at the time that a license or permit is issued.

11.31    Sec. 22. Minnesota Statutes 2012, section 84D.06, is amended to read:
11.3284D.06 UNLISTED NONNATIVE SPECIES.
11.33    Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic
11.34plant or wild animal species unless:
12.1(1) the person has notified the commissioner in a manner and form prescribed by
12.2the commissioner;
12.3(2) the commissioner has made the classification determination required in
12.4subdivision 2 and designated listed the species as appropriate; and
12.5(3) the introduction is allowed under the applicable provisions of this chapter.
12.6    Subd. 2. Classification. (a) If the commissioner determines that a species for which
12.7a notification is received under subdivision 1 should be classified as a prohibited invasive
12.8species, the commissioner shall:
12.9(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
12.10as a prohibited invasive species; and
12.11(2) notify the person from which the notification was received that the species is
12.12subject to section 84D.04.
12.13(b) If the commissioner determines that a species for which a notification is
12.14received under subdivision 1 should be classified as an unregulated nonnative species,
12.15the commissioner shall:
12.16(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
12.17as an unregulated nonnative species; and
12.18(2) notify the person from which the notification was received that the species is not
12.19subject to regulation under this chapter.
12.20(c) If the commissioner determines that a species for which a notification is received
12.21under subdivision 1 should be classified as a regulated invasive species, the commissioner
12.22shall notify the applicant that the species is subject to the requirements in section 84D.07.

12.23    Sec. 23. Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:
12.24    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
12.25peace officer may order:
12.26    (1) the removal of aquatic macrophytes or prohibited invasive species from
12.27water-related equipment before it is placed into waters of the state;
12.28    (2) confinement of the water-related equipment at a mooring, dock, or other location
12.29until the water-related equipment is removed from the water;
12.30    (3) removal of water-related equipment from waters of the state to remove prohibited
12.31invasive species if the water has not been designated listed by the commissioner as being
12.32infested with that species; and
12.33    (4) a prohibition on placing water-related equipment into waters of the state when
12.34the water-related equipment has aquatic macrophytes or prohibited invasive species
13.1attached in violation of subdivision 1 or when water has not been drained or the drain plug
13.2has not been removed in violation of subdivision 4.
13.3    (b) An inspector who is not a licensed peace officer may issue orders under
13.4paragraph (a), clauses (1), (3), and (4).

13.5    Sec. 24. Minnesota Statutes 2013 Supplement, section 84D.10, subdivision 4, is
13.6amended to read:
13.7    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
13.8of the state a person must drain water-related equipment holding water and live wells and
13.9bilges by removing the drain plug before transporting the water-related equipment off
13.10the water access site or riparian property.
13.11    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
13.12from ballast tanks, bilges, and live wells must be removed or opened while transporting
13.13water-related equipment.
13.14    (c) Emergency response vehicles and equipment may be transported on a public road
13.15with the drain plug or other similar device replaced only after all water has been drained
13.16from the equipment upon leaving the water body.
13.17    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
13.18when fishing through the ice except on waters designated listed infested for viral
13.19hemorrhagic septicemia, and marine sanitary systems are exempt from this subdivision.
13.20    (e) A person must not dispose of bait in waters of the state.
13.21(f) A boat lift, dock, swim raft, or associated equipment that has been removed
13.22from any water body may not be placed in another water body until a minimum of 21
13.23days have passed.
13.24(g) A person who transports water that is appropriated from noninfested surface
13.25water bodies and that is transported by a commercial vehicle, excluding watercraft, or
13.26commercial trailer, which vehicle or trailer is specifically designed and used for water
13.27hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
13.28the transported water to other surface waters or within 100 feet of a surface water body.
13.29(h) A person transporting water from noninfested surface water bodies for
13.30firefighting or emergencies that threaten human safety or property is exempt from
13.31paragraphs (a) and (b).

13.32    Sec. 25. Minnesota Statutes 2013 Supplement, section 84D.105, subdivision 2, is
13.33amended to read:
14.1    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
14.2individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
14.3species, and water. The commissioner may enter into a delegation agreement with a tribal
14.4or local government where inspection authority as provided under paragraphs (b), (g), and
14.5(h) is delegated to tribal and local governments that assume all. The delegation agreements
14.6may provide for the assumption of legal, financial, and administrative responsibilities for
14.7inspection programs on some or all public waters within their jurisdiction.
14.8(b) Inspectors may visually and tactilely inspect watercraft and water-related
14.9equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
14.10is present. If a person transporting watercraft or water-related equipment refuses to
14.11take required corrective actions or fails to comply with an order under section 84D.10,
14.12subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
14.13to a conservation officer or other licensed peace officer.
14.14(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
14.15may inspect any watercraft or water-related equipment that is stopped at a water access
14.16site, any other public location in the state, or a private location where the watercraft or
14.17water-related equipment is in plain view, if the officer determines there is reason to believe
14.18that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
14.19water-related equipment.
14.20(d) Conservation officers or other licensed peace officers may utilize check stations
14.21in locations, or in proximity to locations, where watercraft or other water-related
14.22equipment is placed into or removed from waters of the state. Any check stations shall be
14.23operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
14.24(e) Conservation officers or other licensed peace officers may order water-related
14.25equipment to be removed from a water body if the commissioner determines such action is
14.26needed to implement aquatic invasive species control measures.
14.27(f) The commissioner may require mandatory inspections of water-related equipment
14.28before a person places or removes water-related equipment into or out of a water body.
14.29Inspection stations may be located at or near public water accesses or in locations that
14.30allow for servicing individual or multiple water bodies. The commissioner shall ensure
14.31that inspection stations:
14.32(1) have adequate staffing to minimize delays to vehicles and their occupants;
14.33(2) allow for reasonable travel times between public accesses and inspection stations
14.34if inspection is required before placing water-related equipment into a water body;
14.35(3) are located so as not to create traffic delays or public safety issues;
15.1(4) have decontamination equipment available to bring water-related equipment
15.2into compliance; and
15.3(5) do not reduce the capacity or hours of operation of public water accesses.
15.4(g) The commissioner may authorize tribal and local governments that enter into
15.5a delegation agreement with the commissioner to conduct mandatory inspections of
15.6water-related equipment at specified locations within a defined area before a person
15.7places or removes water-related equipment into or out of a water body. Tribal and local
15.8governments that are authorized to conduct inspections under this paragraph must:
15.9(1) to the extent called for in the delegation agreement, assume all legal, financial,
15.10and administrative responsibilities for implementing the mandatory inspections, alone or
15.11in agreement with other tribal or local governments;
15.12(2) employ inspectors that have been trained and authorized by the commissioner;
15.13(3) conduct inspections and decontamination measures in accordance with guidelines
15.14approved by the commissioner;
15.15(4) have decontamination equipment available at inspection stations or identify
15.16alternative decontamination equipment locations within a reasonable distance of the
15.17inspection station that can bring water-related equipment into compliance;
15.18(5) provide for inspection station locations that do not create traffic delays or public
15.19safety issues; and
15.20(6) submit a plan approved by the commissioner according to paragraph (h).
15.21(h) Plans required under paragraph (g) must address:
15.22(1) no reduction in capacity or hours of operation of public accesses and fees that
15.23do not discourage or limit use;
15.24(2) reasonable travel times between public accesses and inspection stations;
15.25(3) adequate staffing to minimize wait times and provide adequate hours of operation
15.26at inspection stations and public accesses;
15.27(4) adequate enforcement capacity;
15.28(5) measures to address inspections of water-related equipment at public water
15.29accesses for commercial entities and private riparian land owners; and
15.30(6) other elements as required by the commissioner to ensure statewide consistency,
15.31appropriate inspection and decontamination protocols, and protection of the state's
15.32resources, public safety, and access to public waters.
15.33(i) A government unit authorized to conduct inspections under this subdivision must
15.34submit an annual report to the commissioner summarizing the results and issues related
15.35to implementing the inspection program.
16.1(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
16.2programs where authorized inspectors are placed directly at one or more water access
16.3sites, with no requirement for a person to travel from the water access for inspection
16.4or decontamination, and no local ordinance or other regulation requiring a mandatory
16.5inspection before placing watercraft or water-related equipment into a water body or after
16.6watercraft or water-related equipment are removed from a water body.

16.7    Sec. 26. Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:
16.8    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
16.9permit to allow the harvest of bait:
16.10(1) from waters that are designated listed as infested waters, except those designated
16.11 listed because they contain prohibited invasive species of fish or certifiable diseases of fish
16.12as defined in section 17.4982, subdivision 6; and
16.13(2) from infested waters as allowed under section 97C.341, paragraph (c).
16.14The permit shall include conditions necessary to avoid spreading aquatic invasive
16.15species.
16.16    (b) Before receiving a permit, or working for a permittee, a person annually
16.17must satisfactorily complete aquatic invasive species-related training provided by the
16.18commissioner.

16.19    Sec. 27. Minnesota Statutes 2012, section 84D.12, is amended to read:
16.2084D.12 RULES.
16.21    Subdivision 1. Required rules. The commissioner shall adopt rules:
16.22    (1) designating listing prohibited invasive species, regulated invasive species, and
16.23unregulated nonnative species of aquatic plants and wild animals;
16.24    (2) governing the application for and issuance of permits under this chapter, which
16.25rules may include a fee schedule; and
16.26    (3) governing notification under section 84D.08.
16.27    Subd. 2. Authorized rules. The commissioner may adopt rules:
16.28(1) regulating the possession, importation, purchase, sale, propagation, transport,
16.29and introduction of invasive species of aquatic plants and wild animals; and
16.30(2) regulating the appropriation, use, and transportation of water from listed infested
16.31waters.
16.32    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027,
16.33subdivision 13 , that designate list:
16.34    (1) prohibited invasive species of aquatic plants and wild animals;
17.1    (2) regulated invasive species of aquatic plants and wild animals; and
17.2    (3) unregulated nonnative species of aquatic plants and wild animals.

17.3    Sec. 28. Minnesota Statutes 2012, section 84D.13, subdivision 5, is amended to read:
17.4    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
17.5the following penalty amounts:
17.6    (1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
17.7    (2) for placing or attempting to place into waters of the state water-related equipment
17.8that has aquatic macrophytes attached, $200;
17.9    (3) for unlawfully possessing or transporting a prohibited invasive species other
17.10than an aquatic macrophyte, $500;
17.11    (4) for placing or attempting to place into waters of the state water-related equipment
17.12that has prohibited invasive species attached when the waters are not designated listed by
17.13the commissioner as being infested with that invasive species, $500;
17.14    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
17.15prescribed by rule, Eurasian water milfoil, $100;
17.16    (6) for failing to have drain plugs or similar devices removed or opened while
17.17transporting water-related equipment or for failing to remove plugs, open valves, and
17.18drain water from water-related equipment, other than marine sanitary systems, before
17.19leaving waters of the state, $100; and
17.20    (7) for transporting infested water off riparian property without a permit as required
17.21by rule, $200.
17.22(b) A civil citation that is issued to a person who has one or more prior convictions
17.23or final orders for violations of this chapter is subject to twice the penalty amounts listed
17.24in paragraph (a).

17.25    Sec. 29. Minnesota Statutes 2012, section 86A.09, is amended to read:
17.2686A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.
17.27    Subdivision 1. Master plan required. No construction of new facilities or other
17.28development of an authorized unit, other than repairs and maintenance, shall commence
17.29until the managing agency has prepared and submitted to the commissioner of natural
17.30resources and the commissioner has reviewed, pursuant to this section, a master plan for
17.31administration of the unit in conformity with this section. No master plan is required for
17.32wildlife management areas that do not have resident managers, for scientific and natural
17.33areas, for water access sites, for aquatic management areas, for rest areas, or for boater
17.34waysides.
18.1    Subd. 2. Master plan; preparation and content public review. The managing
18.2agency shall supervise preparation of the master plan and shall utilize the professional
18.3staffs of any agency of the state when the expertise of the staff of such agency is necessary
18.4to adequately prepare the master plan; the master plan shall present the information in
18.5a format and detail that is appropriate to the size and complexity of the authorized unit.
18.6When the master plan has been completed the managing agency shall announce to the
18.7public in a manner reasonably designed to inform interested persons that the master plan is
18.8available for public review and in the case of any major unit shall hold at least one public
18.9hearing meeting on the plan in the vicinity of the unit. The managing agency shall make
18.10the master plan available for review and comment by the public and other state agencies
18.11for at least 15 days prior to the public meeting and shall accept comments on the plan for
18.12at least 30 days following the announcement and before submitting the master plan to the
18.13commissioner of natural resources. Copies of the plan shall be provided to members of
18.14the Outdoor Recreation Advisory Council and to any other person on request approval.
18.15The managing agency shall prepare a record of the public meeting and any comments
18.16received during the comment period.
18.17    Subd. 3. Master plan; review and approval content. All master plans required
18.18by this section shall be submitted to the commissioner of natural resources for review
18.19pursuant to this subdivision. The commissioner of natural resources shall review the
18.20master plan to determine whether the plan: (a) provides:
18.21(1) provide for administration of the unit in a manner that is consistent with the
18.22purposes for which the unit was authorized and with the principles governing the
18.23administration of the unit, as specified in section 86A.05 and the statutes relating to each
18.24type of unit; and
18.25(b) recognizes (2) recognize values and resources within the unit that are primarily
18.26the responsibility of another managing agency to protect or develop, and provides provide
18.27 for their protection or development either through a cooperative agreement with the other
18.28managing agency or through designation of the appropriate area as a secondary unit. In
18.29reviewing any master plan, the commissioner of natural resources shall consult with
18.30other state agencies. Within 60 days after receiving the master plan, the commissioner of
18.31natural resources shall notify the managing agency that the plan has been reviewed and
18.32forward its recommendations for any changes it might suggest. The managing agency
18.33shall review the recommendations and notify the commissioner of natural resources of the
18.34disposition made of them. Failure to comment on a master plan within the time specified
18.35shall be considered approval of the plan by the commissioner of natural resources. If the
18.36commissioner of natural resources feels that the master plan still fails significantly to
19.1comply with this subdivision, the commissioner may request review of the master plan by
19.2the governor. In that event review shall not be deemed completed until after the master
19.3plan has been approved by the governor or 60 days have elapsed without action by the
19.4governor to approve or reject the plan, whichever occurs first.
19.5    Subd. 4. Development. Construction of necessary facilities and other development
19.6of the unit shall commence as soon as practicable after review of the master plan by the
19.7commissioner of natural resources, and the governor if requested, and shall be carried out
19.8in conformity with the master plan.
19.9    Subd. 5. Establishment. When, in the opinion of the managing agency,
19.10acquisition and development of the unit are sufficiently complete to permit operation and
19.11administration of the unit in substantial conformity with the master plan as approved, the
19.12managing agency shall declare the unit established and ready for use.
19.13    Subd. 6. Master plan amendment. The managing agency shall prepare an
19.14amendment to a master plan to address changes proposed for a unit that would vary
19.15from the approved master plan. The master plan amendment shall address the impacts
19.16of the proposed changes to the natural and cultural resources, interpretive services,
19.17recreational opportunities, and administrative activities at the unit. The master plan
19.18amendment supersedes the master plan for those areas addressed by the amendment. The
19.19managing agency shall hold a public meeting for master plan amendments that constitute a
19.20significant change in public use or access to the unit or that may be controversial. Public
19.21notice and approval of the master plan amendment shall follow the process described in
19.22subdivision 2. Construction of necessary facilities and other development of the unit shall
19.23commence as soon as practicable after the master plan amendment is adopted.

19.24    Sec. 30. Minnesota Statutes 2012, section 86A.11, is amended to read:
19.2586A.11 REGISTRY OF UNITS.
19.26The commissioner of natural resources and the director of the Minnesota Historical
19.27Society shall each compile and maintain a current registry of the name, location, size,
19.28and description of all units of the outdoor recreation system under the commissioner's
19.29jurisdiction and under the jurisdiction of the Minnesota Historical Society and the
19.30commissioner of transportation. The commissioner of natural resources their respective
19.31jurisdictions, and shall publish and distribute the information contained in the registry in
19.32a form and manner suitable to assist persons wishing to use these units. The Minnesota
19.33Historical Society and the commissioner of transportation shall cooperate with and assist
19.34the commissioner of natural resources in preparing and distributing the registry.

20.1    Sec. 31. Minnesota Statutes 2012, section 89A.02, is amended to read:
20.289A.02 POLICY.
20.3It is the policy of the state to:
20.4(1) pursue the sustainable management, use, and protection of the state's forest
20.5resources to achieve the state's economic, environmental, and social goals;
20.6(2) encourage cooperation and collaboration between public and private sectors in
20.7the management of the state's forest resources;
20.8(3) recognize and consider forest resource issues, concerns, and impacts at the
20.9site level and landscape levels level; and
20.10(4) recognize the broad array of perspectives regarding the management, use,
20.11and protection of the state's forest resources, and establish and maintain processes and
20.12mechanisms that seek and incorporate these perspectives in the planning and management
20.13of the state's forest resources.
20.14Nothing in this chapter abolishes, repeals, or negates any existing authorities related
20.15to managing and protecting the state's forest resources.

20.16    Sec. 32. Minnesota Statutes 2012, section 89A.03, subdivision 1, is amended to read:
20.17    Subdivision 1. Membership. The governor must appoint a chair and 15 other
20.18members to the Minnesota Forest Resources Council. The Indian Affairs Council will
20.19appoint one additional member. When making appointments to the council, the governor
20.20must appoint knowledgeable individuals with an understanding of state forest resource
20.21issues who fairly reflect a balance of the various interests in the sustainable management,
20.22use, and protection of the state's forest resources in order to achieve the purpose and
20.23policies specified in subdivision 2 and section 89A.02. The council membership appointed
20.24by the governor must include the following individuals:
20.25(1) two representatives from organizations representing environmental interests
20.26within the state;
20.27(2) a representative from an organization representing the interests of management
20.28of game species;
20.29(3) a representative from a conservation organization;
20.30(4) a representative from an association representing forest products industry within
20.31the state;
20.32(5) a commercial logging contractor active in a forest product association;
20.33(6) a representative from a statewide association representing the resort and tourism
20.34industry;
20.35(7) a faculty or researcher of a Minnesota research or higher educational institution;
21.1(8) a representative from an association representing family forest woodlands who is
21.2an owner of nonindustrial, private forest land of 40 acres or more;
21.3(9) an owner of nonindustrial, private forest land;
21.4(10) a representative from the department;
21.5(11) a county land commissioner who is a member of the Minnesota Association
21.6of County Land Commissioners;
21.7(12) a representative from the United States Department of Agriculture Forest
21.8Service unit with land management responsibility in Minnesota;
21.9(13) a representative from a labor organization with membership having an interest
21.10in forest resource issues;
21.11(14) an individual representing a secondary wood products manufacturing
21.12organization; and
21.13(15) a chair; and
21.14(16) an individual representing the Minnesota Indian Affairs Council.

21.15    Sec. 33. Minnesota Statutes 2012, section 89A.03, subdivision 6, is amended to read:
21.16    Subd. 6. Biennial report. The council must report to the governor and to the
21.17legislative committees and divisions with jurisdiction over environment and natural
21.18resource policy and finance by February 1 of each odd-numbered year. The report must
21.19describe the progress and accomplishments made by the council during the preceding
21.20year two years.

21.21    Sec. 34. Minnesota Statutes 2012, section 89A.04, is amended to read:
21.2289A.04 PARTNERSHIP.
21.23It is the policy of the state to encourage forest landowners, forest managers, and
21.24loggers to establish maintain a partnership in which the implementation of council
21.25recommendations can occur in a timely and coordinated manner across ownerships. The
21.26partnership shall serve as a forum for discussing operational implementation issues
21.27and problem solving related to forest resources management and planning concerns,
21.28and be responsive to the recommendations of the council. This partnership shall also
21.29actively foster collaboration and coordination among forest managers, landowners, and
21.30landowners loggers in addressing landscape-level operations and concerns. In fulfilling
21.31its responsibilities as identified in this chapter, the partnership may advise the council.
21.32Nothing in this section shall imply extra rights or influence for the partnership.

21.33    Sec. 35. Minnesota Statutes 2012, section 89A.05, subdivision 1, is amended to read:
22.1    Subdivision 1. Development and revision. The council shall coordinate the
22.2development and periodic revision of comprehensive timber harvesting and forest
22.3management guidelines based on the information derived from forest resources, practices,
22.4implementation, and effectiveness monitoring programs, and other information deemed
22.5appropriate by the council. The guidelines must address the water, air, soil, biotic,
22.6recreational, cultural, and aesthetic resources found in forest ecosystems by focusing
22.7on those impacts commonly associated with applying site-level forestry practices. The
22.8guidelines must reflect a range of practical and sound practices based on the best available
22.9scientific information, and be integrated to minimize conflicting recommendations while
22.10being easy to understand and implement. By June 30, 2003, the council shall review the
22.11guidelines and identify potential revisions. If deemed necessary, the council shall update
22.12the guidelines by June 30, 2005. Changes to the guidelines shall be peer reviewed prior
22.13to final adoption by the council. By December 1999, the council must undertake a peer
22.14review of the recommendations in the forest management guidelines adopted in December
22.151998 for protecting forest riparian areas and seasonal ponds.

22.16    Sec. 36. Minnesota Statutes 2012, section 89A.05, subdivision 3, is amended to read:
22.17    Subd. 3. Application. The timber harvesting and forest management guidelines
22.18are voluntary. Prior to their actual use, The council must develop and periodically assess
22.19guideline implementation goals for each major forest land ownership category that will
22.20sustain forest resources. If the information developed as a result of forest resources,
22.21practices, compliance implementation, and effectiveness monitoring programs conducted
22.22by the department or other information obtained by the council indicates the implementation
22.23goals for the guidelines are not being met and the council determines significant adverse
22.24impacts are occurring, the council shall recommend to the governor additional measures to
22.25address those impacts. The council must incorporate the recommendations as part of the
22.26council's biennial report required by section 89A.03, subdivision 6.

22.27    Sec. 37. Minnesota Statutes 2012, section 89A.06, subdivision 1, is amended to read:
22.28    Subdivision 1. Framework. The council must establish maintain a framework that
22.29will enable long-range strategic planning and landscape coordination to occur, to the
22.30extent possible, across all forested regions of the state and across all ownerships. The
22.31framework must include:
22.32(1) identification of the landscapes within which long-range strategic planning of
22.33forest resources can occur, provided that the landscapes must be delineated based on
23.1broadly defined ecological units and existing classification systems, yet recognize existing
23.2political and administrative boundaries and planning processes;
23.3(2) a statement of principles and goals for landscape-based forest resource planning;
23.4and
23.5(3) identification of a general process by which landscape-based forest resource
23.6planning occurs, provided that the process must give considerable latitude to design
23.7planning processes that fit the unique needs and resources of each landscape; reflect a
23.8balanced consideration of the economic, social, and environmental conditions and needs
23.9of each landscape; and interface and establish formats that are compatible with other
23.10landscape-based forest resource plans.

23.11    Sec. 38. Minnesota Statutes 2012, section 89A.06, subdivision 2, is amended to read:
23.12    Subd. 2. Regional forest resource committees. To foster landscape-based
23.13forest resource planning, the council must establish maintain regional forest resource
23.14committees. Each regional committee shall:
23.15(1) include representative interests in a particular region that are committed to and
23.16involved in landscape planning and coordination activities;
23.17(2) serve as a forum for landowners, managers, and representative interests to
23.18discuss landscape forest resource issues;
23.19(3) identify and implement an open and public process whereby landscape-based
23.20strategic planning of forest resources can occur;
23.21(4) integrate its report landscape planning efforts with existing public and private
23.22landscape land management planning efforts in the region;
23.23(5) facilitate landscape coordination between existing regional landscape planning
23.24efforts of land managers in the region, both public and private;
23.25(6) identify and facilitate opportunities for public participation in existing landscape
23.26planning and coordination efforts in this the region;
23.27(7) identify sustainable forest resource goals for the landscape and strategies
23.28 objectives to achieve those goals; and
23.29(8) periodically recommend that the council undertake revisions of the region's
23.30landscape plan; and
23.31(8) (9) provide a regional perspective perspectives to the council with respect
23.32to council activities.

23.33    Sec. 39. Minnesota Statutes 2012, section 89A.06, subdivision 4, is amended to read:
24.1    Subd. 4. Report. By November 1 of each even-numbered year, each regional
24.2committee must report to the council its work activities and accomplishments.

24.3    Sec. 40. Minnesota Statutes 2012, section 89A.07, is amended to read:
24.489A.07 MONITORING.
24.5    Subdivision 1. Forest resource monitoring. The commissioner shall establish
24.6 maintain a program for monitoring broad trends and conditions in the state's forest
24.7resources at statewide, landscape, and site levels. The council shall provide oversight and
24.8program direction for the development and implementation of the monitoring program.
24.9To the extent possible, the information generated under the monitoring program must
24.10be reported in formats consistent with the landscape regions used to accomplish the
24.11planning and coordination activities specified in section 89A.06. To the extent possible,
24.12the program must incorporate data generated by existing resource monitoring programs.
24.13The commissioner shall report to the council information on current conditions and recent
24.14trends in the state's forest resources.
24.15    Subd. 2. Practices and compliance Implementation monitoring. The
24.16commissioner shall establish maintain a program for monitoring silvicultural practices
24.17and application of the timber harvesting and forest management guidelines at statewide,
24.18landscape, and site levels. The council shall provide oversight and program direction for
24.19the development and implementation of the monitoring program. To the extent possible,
24.20the information generated by the monitoring program must be reported in formats
24.21consistent with the landscape regions used to accomplish the planning and coordination
24.22activities specified in section 89A.06. The commissioner shall report to the council on the
24.23nature and extent of silvicultural practices used, and compliance with the implementation
24.24of the timber harvesting and forest management guidelines.
24.25    Subd. 3. Effectiveness monitoring evaluation. The commissioner council, in
24.26cooperation with other research and land management organizations, shall evaluate the
24.27effectiveness of practices to mitigate impacts of timber harvesting and forest management
24.28activities on the state's forest resources. The council shall provide oversight and program
24.29direction for the development and implementation of this monitoring program. The
24.30commissioner shall report to the council on the effectiveness of these practices.
24.31    Subd. 4. Other studies and programs. The council shall monitor the
24.32implementation of other programs, formal studies, and initiatives affecting Minnesota's
24.33forest resources.
25.1    Subd. 5. Citizen concerns. The council shall facilitate the establishment of
25.2 administer a public concerns registration process to accept comments from the public on
25.3negligent timber harvesting or forest management practices.

25.4    Sec. 41. Minnesota Statutes 2012, section 89A.08, subdivision 1, is amended to read:
25.5    Subdivision 1. Establishment. The council chair shall appoint a Forest Resources
25.6Research Advisory Committee and a chair of that committee. Notwithstanding section
25.715.059, the council does not expire. The committee must consist of representatives of:
25.8(1) the College of Natural Resources Food, Agricultural and Natural Resource
25.9Sciences, University of Minnesota;
25.10(2) the Natural Resources Research Institute, University of Minnesota, Duluth;
25.11(3) the department;
25.12(4) the North Central Forest Experiment Northern Research Station, United States
25.13Department of Agriculture Forest Service; and
25.14(5) other organizations as deemed appropriate by the council.

25.15    Sec. 42. Minnesota Statutes 2012, section 89A.08, subdivision 2, is amended to read:
25.16    Subd. 2. Purpose. The purpose of the advisory committee is to foster the
25.17identification identify and undertaking of initiate priority forest resources research
25.18activities by encouraging:
25.19(1) collaboration between organizations with responsibilities for conducting forest
25.20resources research;
25.21(2) linkages between researchers in different disciplines in conducting forest
25.22resources research; and
25.23(3) interaction and communication between researchers and practitioners in the
25.24development and use of forest resources research; and
25.25(4) communication with the legislature on funding the council's priority forest
25.26resources research activities.

25.27    Sec. 43. Minnesota Statutes 2012, section 89A.08, subdivision 3, is amended to read:
25.28    Subd. 3. Research assessment. The advisory committee shall periodically
25.29undertake an assessment of strategic directions in forest resources research. The
25.30assessment must be based on input provided by administrators, researchers, practitioners,
25.31and the general public, and include:
25.32(1) an assessment of the current status of forestry forest resources research in the state;
25.33(2) an identification of important forest resource issues in need of research;
26.1(3) an identification of priority forest research activities whose results will enable
26.2a better understanding of site-level and landscape-level impacts resulting from timber
26.3harvesting and forest management activities; and
26.4(4) an assessment of the progress toward addressing the priority forest resources
26.5research needs identified.
26.6The forest resources research assessment must be made widely available to the
26.7research community, forest managers and users, and the public.

26.8    Sec. 44. Minnesota Statutes 2012, section 89A.09, is amended to read:
26.989A.09 INTERAGENCY INFORMATION COOPERATIVE.
26.10    Subdivision 1. Establishment. The dean of the University of Minnesota, College of
26.11Food, Agricultural and Natural Resources Resource Sciences, University of Minnesota,
26.12shall be is encouraged to coordinate the establishment of maintain an Interagency
26.13Information Cooperative. Members of the cooperative that must include members from:
26.14(1) the University of Minnesota, College of Food, Agricultural and Natural
26.15Resources Resource Sciences, University of Minnesota;
26.16(2) the University of Minnesota, Natural Resources Research Institute, University of
26.17Minnesota, Duluth;
26.18(3) the department;
26.19(4) the Minnesota Geospatial Information Office;
26.20(5) the Minnesota Association of County Land Commissioners;
26.21(6) the United States Department of Agriculture Forest Service; and
26.22(7) other organizations as deemed appropriate by the members of the cooperative.
26.23    Subd. 2. Purpose. The purposes of the cooperative are to:
26.24(1) coordinate the development and use of forest resources data in the state;
26.25(2) promote the development of statewide guidelines and common language to
26.26enhance the ability of public and private organizations and institutions to share forest
26.27resources data;
26.28(3) promote the development of information systems that support access to important
26.29forest resources data;
26.30(4) promote improvement in the accuracy, reliability, and statistical soundness of
26.31fundamental forest resources data;
26.32(5) promote linkages and integration of forest resources data to other natural
26.33resource information;
26.34(6) promote access and use of forest resources data and information systems in
26.35decision-making by a variety of public and private organizations; and
27.1(7) promote expanding the capacity and reliability of forest growth, succession,
27.2and other types of ecological models; and.
27.3(8) conduct a needs assessment for improving the quality and quantity of information
27.4systems.
27.5    Subd. 3. Report. By November 1 of each even-numbered year, the information
27.6cooperative shall report to the council its accomplishments in fulfilling the responsibilities
27.7identified in this section.

27.8    Sec. 45. Minnesota Statutes 2012, section 89A.10, is amended to read:
27.989A.10 CONTINUING EDUCATION; CERTIFICATION.
27.10It is the policy of the state to encourage timber harvesters and forest resource
27.11professionals to establish maintain continuing education programs within their respective
27.12professions that promote sustainable forest management, including the Minnesota Logger
27.13Education Program and the University of Minnesota Sustainable Forests Education
27.14Cooperative, respectively. The council shall, where appropriate, facilitate the development
27.15of these programs.

27.16    Sec. 46. [89A.105] IMPLEMENTATION.
27.17Implementation of this chapter is subject to biennial appropriations of the legislature.

27.18    Sec. 47. Minnesota Statutes 2012, section 89A.11, is amended to read:
27.1989A.11 REPEALER SUNSET.
27.20    Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08;
27.2189A.09 ; 89A.10; 89A.105; and 89A.11, are repealed June 30, 2017 2021.

27.22    Sec. 48. Minnesota Statutes 2012, section 97C.417, is amended to read:
27.2397C.417 REPORTING ASIAN INVASIVE CARP.
27.24    A person who takes any of the following Asian invasive carp species must report the
27.25type of carp taken to the commissioner within seven days of taking:
27.26    (1) grass carp (Ctenopharyngodon idella);
27.27    (2) bighead carp (Hypophthalmichthys nobilis); or
27.28    (3) silver carp (Hypophthalmichthys molitrix).
27.29EFFECTIVE DATE.This section is effective the day following final enactment.

27.30    Sec. 49. Minnesota Statutes 2012, section 97C.821, is amended to read:
28.197C.821 POSSESSION, SALE, AND TRANSPORTATION OF
28.2COMMERCIAL FISH.
28.3Subject to the applicable provisions of the game and fish laws, fish taken under
28.4commercial fishing licenses may be possessed in any quantity, bought, sold, and
28.5transported at any time. Commercial fishing licensees may transport their catch live to
28.6holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
28.7licensees may harvest fish from their holding facilities at any time with their licensed gear.
28.8The commissioner may prohibit the transport of live fish taken under a commercial fishing
28.9license from waters that contain nonnative species, are designated listed as infested waters,
28.10or are infected with any certifiable disease.

28.11    Sec. 50. Minnesota Statutes 2012, section 103E.065, is amended to read:
28.12103E.065 DRAINAGE INSPECTORS.
28.13    In counties or watershed districts having drainage systems constructed in accordance
28.14with this chapter, the drainage authority shall appoint a competent person as drainage
28.15inspector. The inspector must not be a county commissioner. The inspector may be the
28.16county highway engineer. The inspector shall examine the drainage systems designated
28.17by the drainage authority. The drainage authority shall specify the appointment period
28.18and compensation.
28.19EFFECTIVE DATE.This section is effective August 1, 2015.

28.20    Sec. 51. Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:
28.21    Subd. 2. Adoption procedure. (a) The commissioner, upon determining that
28.22sufficient technical information is available for the delineation of floodplains and
28.23floodways on a watercourse, shall may notify affected local governmental units that
28.24technical information is available. Within six months after receiving this notice, The local
28.25governmental units shall prepare or amend their floodplain management ordinances in
28.26conformance with the provisions of sections 103F.101 to 103F.155 and shall submit the
28.27ordinance to the commissioner for review and approval before adoption.
28.28(b) The commissioner shall approve or disapprove the proposed ordinance within
28.29120 days after receiving it.
28.30(c) If the proposed ordinance is disapproved, the commissioner shall return it to the
28.31local governmental unit with a written statement of reasons for disapproval. Within 90
28.32days after disapproval, the local governmental unit shall resubmit an amended proposed
28.33ordinance for further review and approval before adoption. The local governmental unit
29.1shall adopt a floodplain management ordinance within 90 days after approval by the
29.2commissioner.
29.3(d) A floodplain management ordinance adopted by a local governmental unit is
29.4invalid unless it is approved by the commissioner.
29.5(e) A local governmental unit may adopt a floodplain management ordinance in the
29.6absence of notification by the commissioner that the required technical data is available,
29.7provided that any such ordinance is submitted to the commissioner prior to its adoption
29.8for approval.
29.9(f) A local governmental unit may adopt a floodplain management ordinance that is
29.10more restrictive than required under sections 103F.101 to 103F.155.
29.11(g) Floodplain management ordinances may be amended by a local governmental
29.12unit upon the approval of the commissioner.

29.13    Sec. 52. Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:
29.14    Subd. 5. Major Alterations and hazardous uses prohibited. (a) If a floodplain
29.15has been delineated by a floodplain management ordinance under sections 103F.101
29.16to 103F.155, a major alteration to a structure in existence on the effective date of the
29.17ordinance or a new fill, structure, deposit, or other floodplain use that is unreasonably
29.18hazardous to the public or that unduly restricts the capacity of the floodplain to carry and
29.19discharge a regional flood not in accordance with the local governmental unit's adopted
29.20floodplain management ordinance may not be permitted after the effective date of the
29.21ordinance delineating the floodplain.
29.22(b) As used in this subdivision, major alterations of existing structures do not include
29.23repair or maintenance and do not include repairs, maintenance, or alterations to structures
29.24made under the authority of another authorized agency of the state or federal government.
29.25(c) (b) This subdivision does not apply to alterations, repair, or maintenance
29.26reasonably done under emergency circumstances to preserve or protect life or property.
29.27(d) (c) This subdivision applies to alterations to existing structures and to new fill,
29.28structures, deposits, or other floodplain uses by the state and state agencies.

29.29    Sec. 53. Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:
29.30    Subd. 3. Application for flood insurance. Within 120 days After receiving notice
29.31of inclusion on the amended list, from the commissioner or the Federal Emergency
29.32Management Agency that flood hazard areas have been identified, each local governmental
29.33unit shall is encouraged to apply for participation in the national flood insurance program
29.34in the manner prescribed by federal laws and regulations.

30.1    Sec. 54. Minnesota Statutes 2012, section 103G.245, subdivision 2, is amended to read:
30.2    Subd. 2. Exceptions. A public waters work permit is not required for:
30.3(1) work in altered natural watercourses that are part of drainage systems established
30.4under chapter 103D or 103E if the work in the waters is undertaken according to chapter
30.5103D or 103E; or
30.6(2) a drainage project for a drainage system established under chapter 103E that does
30.7not substantially affect public waters; or.
30.8(3) removal of debris, including logs that are at or near the water surface, dead
30.9trees and branches, and trash, that does not alter the original alignment, slope, or cross
30.10section of the waters.

30.11    Sec. 55. Minnesota Statutes 2012, section 103G.287, subdivision 2, is amended to read:
30.12    Subd. 2. Relationship to surface water resources. Groundwater appropriations
30.13that will have potential negative impacts to surface waters are subject to applicable
30.14provisions in section 103G.285.

30.15    Sec. 56. Minnesota Statutes 2013 Supplement, section 103G.287, subdivision 4,
30.16is amended to read:
30.17    Subd. 4. Groundwater management areas. (a) The commissioner may designate
30.18groundwater management areas and limit total annual water appropriations and uses
30.19within a designated area to ensure sustainable use of groundwater that protects ecosystems,
30.20water quality, and the ability of future generations to meet their own needs. Water
30.21appropriations and uses within a designated management area must be consistent with a
30.22groundwater management area plan approved by the commissioner that addresses water
30.23conservation requirements and water allocation priorities established in section 103G.261.
30.24 At least 30 days prior to implementing or modifying a groundwater management area plan
30.25under this subdivision, the commissioner shall consult with the advisory team established
30.26in paragraph (c).
30.27(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
30.28Rules, within designated groundwater management areas, the commissioner may require
30.29general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
30.30users using less than 10,000 gallons per day or 1,000,000 gallons per year and water
30.31suppliers serving less than 25 persons for domestic purposes. The commissioner may
30.32waive the requirements under section 103G.281 for general permits issued under this
30.33paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does
30.34not apply to general permits issued under this paragraph.
31.1(c) When designating a groundwater management area, the commissioner shall
31.2assemble an advisory team to assist in developing a groundwater management area plan
31.3for the area. The advisory team members shall be selected from public and private entities
31.4that have an interest in the water resources affected by the groundwater management area.
31.5A majority of the advisory team members shall be public and private entities that currently
31.6hold water use permits for water appropriations from the affected water resources. The
31.7commissioner shall consult with the League of Minnesota Cities, the Association of
31.8Minnesota Counties, the Minnesota Association of Watershed Districts, and the Minnesota
31.9Association of Townships in appointing the local government representatives to the
31.10advisory team. The advisory team may also include representatives from the University
31.11of Minnesota, the Minnesota State Colleges and Universities, other institutions of higher
31.12learning in Minnesota, political subdivisions with jurisdiction over water issues, nonprofits
31.13with expertise in water, and federal agencies.

31.14    Sec. 57. Minnesota Statutes 2012, section 103G.305, subdivision 1, is amended to read:
31.15    Subdivision 1. General 30-day 150-day limit. (a) Except as provided in subdivision
31.162, the commissioner must act on a water use permit within 30 150 days after the completed
31.17application for the permit and the required data are filed in the commissioner's office
31.18 has been submitted. Within 30 business days of application for a water use permit, the
31.19commissioner shall notify the applicant, in writing, whether the application is complete
31.20or incomplete.
31.21(b) The commissioner must direct a hearing to be held on a water use permit
31.22application or make an order issuing a permit or denying a permit.

31.23    Sec. 58. Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:
31.24    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
31.25management permit" means an aquatic plant management permit as defined in rules of the
31.26Department of Natural Resources that authorizes the selective control of invasive aquatic
31.27plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
31.28the invasive aquatic plant.
31.29(b) The commissioner may waive the dated signature of approval requirement in rules
31.30of the Department of Natural Resources for invasive aquatic plant management permits if
31.31obtaining signatures would create an undue burden on the permittee or if the commissioner
31.32determines that aquatic plant control is necessary to protect natural resources.
31.33(c) If the signature requirement is waived under paragraph (b) because obtaining
31.34signatures would create an undue burden on the permittee, the commissioner shall require
32.1an alternate form of landowner notification, including news releases or public notices in
32.2a local newspaper, a public meeting, or a mailing to the most recent permanent address
32.3of affected landowners. The notification must be given annually and must include: the
32.4proposed date of treatment, the target species, the method of control or product being
32.5used, and instructions on how the landowner may request that control not occur adjacent
32.6to the landowner's property.
32.7(d) The commissioner may allow dated signatures of approval obtained for an
32.8invasive aquatic plant management permit to satisfy rules of the Department of Natural
32.9Resources to remain valid for three years if property ownership remains unchanged.

32.10    Sec. 59. Minnesota Statutes 2012, section 115B.39, subdivision 2, is amended to read:
32.11    Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the
32.12definitions in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445,
32.13except as specifically modified in this subdivision.
32.14(b) "Cleanup order" means a consent order between responsible persons and the
32.15agency or an order issued by the United States Environmental Protection Agency under
32.16section 106 of the federal Superfund Act.
32.17(c) "Closure" means actions to prevent or minimize the threat to public health and
32.18the environment posed by a mixed municipal solid waste disposal facility that has stopped
32.19accepting waste by controlling the sources of releases or threatened releases at the facility.
32.20"Closure" includes removing contaminated equipment and liners; applying final cover;
32.21grading and seeding final cover; installing wells, borings, and other monitoring devices;
32.22constructing groundwater and surface water diversion structures; and installing gas control
32.23systems and site security systems, as necessary. The commissioner may authorize use of
32.24final cover that includes processed materials that meet the requirements in Code of Federal
32.25Regulations, title 40, section 503.32, paragraph (a).
32.26(d) "Closure upgrade" means construction activity that will, at a minimum, modify
32.27an existing cover so that it satisfies current rule requirements for mixed municipal solid
32.28waste land disposal facilities.
32.29(e) "Contingency action" means organized, planned, or coordinated courses of action
32.30to be followed in case of fire, explosion, or release of solid waste, waste by-products, or
32.31leachate that could threaten human health or the environment.
32.32(f) "Corrective action" means steps taken to repair facility structures including
32.33liners, monitoring wells, separation equipment, covers, and aeration devices and to bring
32.34the facility into compliance with design, construction, groundwater, surface water, and air
32.35emission standards.
33.1(g) "Decomposition gases" means gases produced by chemical or microbial activity
33.2during the decomposition of solid waste.
33.3(h) "Dump materials" means nonhazardous mixed municipal solid wastes disposed
33.4at a Minnesota waste disposal site other than a qualified facility prior to 1973.
33.5(i) "Environmental response action" means response action at a qualified facility,
33.6including corrective action, closure, postclosure care; contingency action; environmental
33.7studies, including remedial investigations and feasibility studies; engineering, including
33.8remedial design; removal; remedial action; site construction; and other similar
33.9cleanup-related activities.
33.10(j) "Environmental response costs" means:
33.11(1) costs of environmental response action, not including legal or administrative
33.12expenses; and
33.13(2) costs required to be paid to the federal government under section 107(a) of
33.14the federal Superfund Act, as amended.
33.15(k) "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
33.16and monitoring of closure actions at a mixed municipal solid waste disposal facility.
33.17(l) "Qualified facility" means a mixed municipal solid waste disposal facility as
33.18described in the most recent agency permit, including adjacent property used for solid
33.19waste disposal that did not occur under a permit from the agency, that:
33.20(1)(i) is or was permitted by the agency;
33.21(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
33.221994; and
33.23(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
33.24demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
33.25of demolition debris is allowed, if the area where the demolition debris is deposited is at
33.26least 50 feet from the fill boundary of the area where mixed municipal solid waste was
33.27deposited; or
33.28(2)(i) is or was permitted by the agency; and
33.29(ii) (i) stopped accepting waste by January 1, 2000, except that demolition debris,
33.30industrial waste, and municipal solid waste combustor ash may be accepted until January
33.311, 2001, at a permitted area where disposal of such waste is allowed, if the area where
33.32the waste is deposited is at least 50 feet from the fill boundary of the area where mixed
33.33municipal solid waste was deposited; or
33.34(ii) stopped accepting waste by January 1, 2019, and is located in a county that
33.35meets all applicable recycling goals in section 115A.551 and that has arranged for all
34.1mixed municipal solid waste generated in the county to be delivered to and processed by a
34.2resource recovery facility located in the county for at least 20 years.
34.3EFFECTIVE DATE.This section is effective the day following final enactment.

34.4    Sec. 60. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
34.5    Subd. 2a. When prepared. Where there is potential for significant environmental
34.6effects resulting from any major governmental action, the action shall be preceded by a
34.7detailed environmental impact statement prepared by the responsible governmental unit.
34.8The environmental impact statement shall be an analytical rather than an encyclopedic
34.9document which describes the proposed action in detail, analyzes its significant
34.10environmental impacts, discusses appropriate alternatives to the proposed action and
34.11their impacts, and explores methods by which adverse environmental impacts of an
34.12action could be mitigated. The environmental impact statement shall also analyze those
34.13economic, employment, and sociological effects that cannot be avoided should the action
34.14be implemented. To ensure its use in the decision-making process, the environmental
34.15impact statement shall be prepared as early as practical in the formulation of an action.
34.16    (a) The board shall by rule establish categories of actions for which environmental
34.17impact statements and for which environmental assessment worksheets shall be prepared
34.18as well as categories of actions for which no environmental review is required under this
34.19section. A mandatory environmental assessment worksheet shall not be required for the
34.20expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
34.21(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
34.22biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
34.23of the expanded or converted facility to produce alcohol fuel, but must be required if
34.24the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
34.25of actions for which environmental assessment worksheets must be prepared. The
34.26responsible governmental unit for an ethanol plant or biobutanol facility project for which
34.27an environmental assessment worksheet is prepared shall be the state agency with the
34.28greatest responsibility for supervising or approving the project as a whole.
34.29A mandatory environmental impact statement shall not be required for a facility
34.30or plant located outside the seven-county metropolitan area that produces less than
34.31125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
34.32than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
34.33defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
34.34in section 41A.105, subdivision 1a, clause (1); or a cellulosic biofuel facility, as defined in
34.35section 41A.10, subdivision 1, paragraph (d). A facility or plant that only uses a cellulosic
35.1feedstock to produce chemical products for use by another facility as a feedstock shall not
35.2be considered a fuel conversion facility as used in rules adopted under this chapter.
35.3    (b) The responsible governmental unit shall promptly publish notice of the
35.4completion of an environmental assessment worksheet by publishing the notice in at least
35.5one newspaper of general circulation in the geographic area where the project is proposed,
35.6by posting the notice on a Web site that has been designated as the official publication site
35.7for publication of proceedings, public notices, and summaries of a political subdivision in
35.8which the project is proposed, or in any other manner determined by the board and shall
35.9provide copies of the environmental assessment worksheet to the board and its member
35.10agencies. Comments on the need for an environmental impact statement may be submitted
35.11to the responsible governmental unit during a 30-day period following publication of the
35.12notice that an environmental assessment worksheet has been completed. The responsible
35.13governmental unit's decision on the need for an environmental impact statement shall be
35.14based on the environmental assessment worksheet and the comments received during the
35.15comment period, and shall be made within 15 days after the close of the comment period.
35.16The board's chair may extend the 15-day period by not more than 15 additional days upon
35.17the request of the responsible governmental unit.
35.18    (c) An environmental assessment worksheet shall also be prepared for a proposed
35.19action whenever material evidence accompanying a petition by not less than 100
35.20individuals who reside or own property in the state, submitted before the proposed
35.21project has received final approval by the appropriate governmental units, demonstrates
35.22that, because of the nature or location of a proposed action, there may be potential for
35.23significant environmental effects. Petitions requesting the preparation of an environmental
35.24assessment worksheet shall be submitted to the board. The chair of the board shall
35.25determine the appropriate responsible governmental unit and forward the petition to it.
35.26A decision on the need for an environmental assessment worksheet shall be made by
35.27the responsible governmental unit within 15 days after the petition is received by the
35.28responsible governmental unit. The board's chair may extend the 15-day period by not
35.29more than 15 additional days upon request of the responsible governmental unit.
35.30    (d) Except in an environmentally sensitive location where Minnesota Rules, part
35.314410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
35.32review under this chapter and rules of the board, if:
35.33    (1) the proposed action is:
35.34    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
35.35    (ii) an expansion of an existing animal feedlot facility with a total cumulative
35.36capacity of less than 1,000 animal units;
36.1    (2) the application for the animal feedlot facility includes a written commitment by
36.2the proposer to design, construct, and operate the facility in full compliance with Pollution
36.3Control Agency feedlot rules; and
36.4    (3) the county board holds a public meeting for citizen input at least ten business
36.5days prior to the Pollution Control Agency or county issuing a feedlot permit for the
36.6animal feedlot facility unless another public meeting for citizen input has been held with
36.7regard to the feedlot facility to be permitted. The exemption in this paragraph is in
36.8addition to other exemptions provided under other law and rules of the board.
36.9    (e) The board may, prior to final approval of a proposed project, require preparation
36.10of an environmental assessment worksheet by a responsible governmental unit selected
36.11by the board for any action where environmental review under this section has not been
36.12specifically provided for by rule or otherwise initiated.
36.13    (f) An early and open process shall be utilized to limit the scope of the environmental
36.14impact statement to a discussion of those impacts, which, because of the nature or location
36.15of the project, have the potential for significant environmental effects. The same process
36.16shall be utilized to determine the form, content and level of detail of the statement as well
36.17as the alternatives which are appropriate for consideration in the statement. In addition,
36.18the permits which will be required for the proposed action shall be identified during the
36.19scoping process. Further, the process shall identify those permits for which information
36.20will be developed concurrently with the environmental impact statement. The board
36.21shall provide in its rules for the expeditious completion of the scoping process. The
36.22determinations reached in the process shall be incorporated into the order requiring the
36.23preparation of an environmental impact statement.
36.24    (g) The responsible governmental unit shall, to the extent practicable, avoid
36.25duplication and ensure coordination between state and federal environmental review
36.26and between environmental review and environmental permitting. Whenever practical,
36.27information needed by a governmental unit for making final decisions on permits
36.28or other actions required for a proposed project shall be developed in conjunction
36.29with the preparation of an environmental impact statement. When an environmental
36.30impact statement is prepared for a project requiring multiple permits for which two or
36.31more agencies' decision processes include either mandatory or discretionary hearings
36.32before a hearing officer prior to the agencies' decision on the permit, the agencies
36.33may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
36.34consolidated hearing process if requested by the proposer. All agencies having jurisdiction
36.35over a permit that is included in the consolidated hearing shall participate. The responsible
36.36governmental unit shall establish appropriate procedures for the consolidated hearing
37.1process, including procedures to ensure that the consolidated hearing process is consistent
37.2with the applicable requirements for each permit regarding the rights and duties of parties to
37.3the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
37.4The procedures of section 116C.28, subdivision 2, apply to the consolidated hearing.
37.5    (h) An environmental impact statement shall be prepared and its adequacy
37.6determined within 280 days after notice of its preparation unless the time is extended by
37.7consent of the parties or by the governor for good cause. The responsible governmental
37.8unit shall determine the adequacy of an environmental impact statement, unless within 60
37.9days after notice is published that an environmental impact statement will be prepared,
37.10the board chooses to determine the adequacy of an environmental impact statement. If an
37.11environmental impact statement is found to be inadequate, the responsible governmental
37.12unit shall have 60 days to prepare an adequate environmental impact statement.
37.13    (i) The proposer of a specific action may include in the information submitted to the
37.14responsible governmental unit a preliminary draft environmental impact statement under
37.15this section on that action for review, modification, and determination of completeness and
37.16adequacy by the responsible governmental unit. A preliminary draft environmental impact
37.17statement prepared by the project proposer and submitted to the responsible governmental
37.18unit shall identify or include as an appendix all studies and other sources of information
37.19used to substantiate the analysis contained in the preliminary draft environmental impact
37.20statement. The responsible governmental unit shall require additional studies, if needed,
37.21and obtain from the project proposer all additional studies and information necessary for
37.22the responsible governmental unit to perform its responsibility to review, modify, and
37.23determine the completeness and adequacy of the environmental impact statement.

37.24    Sec. 61. Minnesota Statutes 2012, section 325E.13, is amended by adding a subdivision
37.25to read:
37.26    Subd. 5. Off-road recreational vehicle. "Off-road recreational vehicle" means a
37.27snowmobile as defined in section 84.81, subdivision 3, and an off-highway vehicle, as
37.28defined in section 84.771.
37.29EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
37.30committed on or after that date.

37.31    Sec. 62. Minnesota Statutes 2012, section 325E.14, subdivision 1, is amended to read:
37.32    Subdivision 1. Tampering. No person shall knowingly tamper with, adjust, alter,
37.33change, set back, disconnect or, with intent to defraud, fail to connect the odometer of any
37.34motor vehicle or off-road recreational vehicle, or cause any of the foregoing to occur to
38.1an odometer of a motor vehicle or off-road recreational vehicle, so as to reflect a lower
38.2mileage than has actually been driven by the motor vehicle or off-road recreational vehicle.
38.3EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
38.4committed on or after that date.

38.5    Sec. 63. Minnesota Statutes 2012, section 325E.14, subdivision 3, is amended to read:
38.6    Subd. 3. Sales and use restrictions. No person shall advertise for sale, sell, use or
38.7install on any part of a motor vehicle or off-road recreational vehicle, or on any odometer
38.8in a motor vehicle or off-road recreational vehicle, any device which that causes the
38.9odometer to register any mileage other than the true mileage.
38.10EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
38.11committed on or after that date.

38.12    Sec. 64. Minnesota Statutes 2012, section 325E.14, subdivision 4, is amended to read:
38.13    Subd. 4. Sales restriction. No person shall sell or offer for sale any motor vehicle
38.14or off-road recreational vehicle with knowledge that the mileage registered on the
38.15odometer has been altered so as to reflect a lower mileage than has actually been driven
38.16by the motor vehicle or off-road recreational vehicle without disclosing such the fact to
38.17prospective purchasers.
38.18EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
38.19committed on or after that date.

38.20    Sec. 65. Minnesota Statutes 2012, section 325E.14, subdivision 6, is amended to read:
38.21    Subd. 6. Repair or replacement restriction. Nothing in this section shall prevent
38.22the service, repair, or replacement of an odometer, provided the mileage indicated
38.23thereon remains the same as before the service, repair, or replacement. Where the
38.24odometer is incapable of registering the same mileage as before such the service, repair,
38.25or replacement, the odometer shall be adjusted to read zero and a written notice shall be
38.26attached to the left door frame of the motor vehicle by the owner or an agent specifying
38.27the mileage prior to repair or replacement of the odometer and the date on which it was
38.28repaired or replaced. No person shall remove or alter such a notice so affixed.
38.29EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
38.30committed on or after that date.

39.1    Sec. 66. MINNESOTA RIVER VALLEY; MASTER PLAN.
39.2The commissioner of natural resources shall develop a master plan in accordance
39.3with Minnesota Statutes, section 86A.09, to conserve the natural and cultural resources of
39.4the Minnesota River Valley area in Redwood and Renville Counties and to provide for the
39.5shared use, enjoyment, and understanding of these resources through a broad selection
39.6of outdoor recreational opportunities and recreational travel routes that connect units of
39.7the outdoor recreation system in the river valley, including a connection to the Minnesota
39.8River State Trail authorized in Minnesota Statutes, section 85.015, subdivision 22. The
39.9plan shall address the impacts to the natural and cultural resources, interpretive services,
39.10recreational opportunities, and administrative activities in the area and also provide
39.11recommendations on the unit designation of the area under the Outdoor Recreation Act.

39.12    Sec. 67. INVASIVE CARP.
39.13The commissioner of natural resources shall not propose laws to the legislature
39.14that contain the term "Asian carp." The commissioner shall use the term "invasive carp"
39.15or refer to the specific species in any proposed laws, rules, or official documents when
39.16referring to carp species that are not naturalized to the waters of this state.
39.17EFFECTIVE DATE.This section is effective the day following final enactment.

39.18    Sec. 68. RULEMAKING; USE OF RABBITS AND HARES TO TRAIN DOGS.
39.19(a) The commissioner of natural resources shall amend Minnesota Rules, part
39.206234.0600, to add the following language: "A person may use dogs to pursue rabbits and
39.21hares without killing or capturing the rabbits and hares at any time during the year except
39.22from April 16 to July 14 or under permit."
39.23(b) The commissioner may use the good cause exemption under Minnesota Statutes,
39.24section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
39.25Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
39.26section 14.388.

39.27    Sec. 69. REVISOR'S INSTRUCTION.
39.28The revisor of statutes shall delete the term in column A and insert the term in
39.29column B in Minnesota Rules, parts 6216.0100, 6216.0250, 6216.0260, 6216.0270,
39.306216.0290, 6216.0300, 6216.0400, 6216.0500, and 6260.0300.

39.31		Column A	Column B
39.32		designate	list
39.33		designated	listed
40.1		designation	listing
40.2		designating	listing

40.3    Sec. 70. REPEALER.
40.4Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 89A.05,
40.5subdivisions 2a and 4; 89A.06, subdivision 2a; 103F.121, subdivisions 3 and 4; and
40.6103F.165, subdivision 2, are repealed."
40.7Delete the title and insert:

40.8"A bill for an act

40.9relating to natural resources; modifying all-terrain vehicle and off-highway
40.10motorcycle provisions; providing for certain regulatory efficiencies; modifying
40.11commissioner's authority; modifying landfill cleanup program; modifying
40.12invasive species provisions; modifying definition of snowmobile; prohibiting
40.13tampering with off-road recreational vehicle odometers; modifying use of forest
40.14trails; modifying outdoor recreation system provisions; modifying Water Law;
40.15modifying forestry provisions; modifying provision related to environmental
40.16impact statements; requiring rulemaking;amending Minnesota Statutes 2012,
40.17sections 17.4982, subdivision 18a; 84.027, subdivisions 12, 13a, 14a; 84.0857;
40.1884.791, subdivision 4; 84.81, subdivision 3; 84.92, subdivisions 8, 9, 10; 84.925,
40.19subdivision 3; 84.926, subdivision 4; 84D.01, subdivisions 8, 8b, 13, 15, 17, 18;
40.2084D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a;
40.2184D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 89A.02; 89A.03, subdivisions
40.221, 6; 89A.04; 89A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07;
40.2389A.08, subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; 97C.417; 97C.821;
40.24103E.065; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245,
40.25subdivision 2; 103G.287, subdivision 2; 103G.305, subdivision 1; 103G.615,
40.26subdivision 3a; 115B.39, subdivision 2; 116D.04, subdivision 2a; 325E.13, by
40.27adding a subdivision; 325E.14, subdivisions 1, 3, 4, 6; Minnesota Statutes 2013
40.28Supplement, sections 84.027, subdivision 13; 84.9256, subdivision 1; 84D.10,
40.29subdivision 4; 84D.105, subdivision 2; 103G.287, subdivision 4; proposing
40.30coding for new law in Minnesota Statutes, chapter 89A."

41.1	We request the adoption of this report and repassage of the bill.
41.2	House Conferees:
41.3	.....		.....
41.4	David Dill		Peter Fischer
41.5	.....
41.6	Tom Hackbarth
41.7	Senate Conferees:
41.8	.....		.....
41.9	John Marty		Foung Hawj
41.10	.....
41.11	Bill Weber