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HF 3702

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 04/19/2010 12:24pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to environment and natural resources; modifying certain administrative
accounts; modifying electronic transaction provisions; providing for certain
registration and licensing exemptions; requiring drainage of watercraft
equipment when leaving public waters; creating peace officer training account;
modifying off-highway vehicle and snowmobile provisions; modifying state
trails and canoe and boating routes; modifying fees and disposition of certain
receipts; delaying local ordinance adoption requirements and establishing a
task force; modifying certain competitive bidding exemptions; modifying
horse trail pass provisions; modifying master plan requirements; expanding
eligibility for free state park permit; modifying cross-country ski trail provisions;
providing for general burning permits; modifying authority to establish forestry
services fees; modifying authority to issue leases and permits; modifying timber
sales provisions; eliminating certain pilot projects and reports; modifying
the Water Law; modifying utility license provisions; modifying rulemaking
authority; providing for certain permitting and review efficiencies; modifying
nongame wildlife checkoffs; requiring long-range land management budgeting;
requiring studies and reports; creating Coon Rapids Dam Commission;
imposing incineration facility moratorium; appropriating money; amending
Minnesota Statutes 2008, sections 84.025, subdivision 9; 84.027, subdivision
15; 84.0856; 84.0857; 84.415, by adding a subdivision; 84.777, subdivision
2; 84.788, subdivision 2; 84.798, subdivision 2; 84.82, subdivisions 3, 6,
by adding a subdivision; 84.8205, subdivision 1; 84.92, subdivisions 9, 10;
84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.9256,
subdivision 1; 84.928, subdivision 5; 84D.10, by adding a subdivision; 84D.13,
subdivision 5; 85.015, subdivision 14; 85.052, subdivision 4; 85.22, subdivision
5; 85.32, subdivision 1; 85.41, subdivision 3; 85.42; 85.43; 85.46, as amended;
86B.301, subdivision 2; 88.17, subdivisions 1, 3; 88.79, subdivision 2; 89.17;
90.041, by adding a subdivision; 90.121; 90.14; 103A.305; 103F.325, by
adding a subdivision; 103F.335, subdivision 1; 103G.271, subdivision 3;
103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision
2; 103G.315, subdivision 11; 103G.515, subdivision 5; 115.55, by adding a
subdivision; 116.07, subdivisions 4, 4h; 116D.04, subdivision 2a, by adding a
subdivision; 290.431; 290.432; Minnesota Statutes 2009 Supplement, sections
84.415, subdivision 6; 84.793, subdivision 1; 84.922, subdivision 1a; 84.9275,
subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 85.053, subdivision
10; 86A.09, subdivision 1; 103G.201; 357.021, subdivision 7; proposing coding
for new law in Minnesota Statutes, chapters 97A; 103G; repealing Minnesota
Statutes 2008, sections 90.172; 103G.295; 103G.650; Minnesota Statutes 2009
Supplement, section 88.795.

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

Section 1.

Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:


Subd. 9.

Professional services support account.

The commissioner of natural
resources may bill new text beginother governmental units, including tribal governments, and new text endthe
various programs carried out by the commissioner for the costs of providing them with
professional support services. Except as provided under section 89.421, receipts must be
credited to a special account in the state treasury and are appropriated to the commissioner
to pay the costs for which the billings were made.

The commissioner of natural resources shall submit to the commissioner of
management and budget before the start of each fiscal year a work plan showing the
estimated work to be done during the coming year, the estimated cost of doing the work,
and the positions and fees that will be necessary. This account is exempted from statewide
and agency indirect cost payments.

Sec. 2.

Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:


Subd. 15.

Electronic transactions.

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

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

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

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

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

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

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

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

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

Sec. 3.

Minnesota Statutes 2008, section 84.0856, is amended to read:


84.0856 FLEET MANAGEMENT ACCOUNT.

The commissioner of natural resources may bill organizational units within
the Department of Natural Resourcesnew text begin and other governmental units, including tribal
governments,
new text end for the costs of providing them with equipment. Costs billed may include
acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts and interest earned on the receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

Sec. 4.

Minnesota Statutes 2008, section 84.0857, is amended to read:


84.0857 FACILITIES MANAGEMENT ACCOUNT.

(a) The commissioner of natural resources may bill organizational units within
the Department of Natural Resourcesnew text begin and other governmental units, including tribal
governments,
new text end for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and
other direct costs as determined by the commissioner. Receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

(b) Money deposited in the special account from the proceeds of a sale under section
94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.

Sec. 5.

Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Joint applications for residential use. new text end

new text begin An application for a utility
license may cover more than one type of utility if the utility lines are being installed for
residential use only. Separate applications submitted by utilities for the same crossing
shall be joined together and processed as one application, provided that the applications
are submitted within one year of each other and the utility lines are for residential use only.
The application fees for a joint application or separate applications subsequently joined
together shall be as if only one application was submitted.
new text end

Sec. 6.

Minnesota Statutes 2009 Supplement, section 84.415, subdivision 6, is
amended to read:


Subd. 6.

Supplemental application fee and monitoring fee.

(a) In addition to the
application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
natural resources shall assess the applicant for a utility license the following fees:

(1) a supplemental application fee of deleted text begin$1,500deleted text endnew text begin $2,000new text end for a public water crossing
license and a supplemental application fee of deleted text begin$4,500deleted text endnew text begin $2,000new text end for a public lands crossing
license, to cover reasonable costs for reviewing the application and preparing the license;
and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of the license
to ensure proper construction. The commissioner must give the applicant an estimate of
the monitoring fee before the applicant submits the fee.

(b) The applicant shall pay fees under this subdivision to the commissioner of
natural resources. The commissioner shall not issue the license until the applicant has
paid all fees in full.

(c) Upon completion of construction of the improvement for which the license
or permit was issued, the commissioner shall refund the unobligated balance from the
monitoring fee revenue. The commissioner shall not return the application fees, even
if the application is withdrawn or denied.

new text begin (d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover
the costs of reviewing the applications and preparing the licenses, the commissioner shall
improve efficiencies and otherwise reduce department costs and activities to ensure the
revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are
necessary to carry out the requirements.
new text end

Sec. 7.

Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:


Subd. 2.

Off-highway vehicle deleted text beginseasonsdeleted text endnew text begin seasonal restrictionsnew text end.

(a) deleted text beginThe commissioner
shall prescribe seasons for off-highway vehicle use on state forest lands.
deleted text end Except for
designated forest roads, a person must not operate an off-highway vehicle on state forest
lands deleted text beginoutside of the seasons prescribed under this paragraph.deleted text endnew text begin during the firearms deer
hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer hunting license operating an
off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
new text end

(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.

(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2008, section 84.788, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

(1) owned and used by the United States, new text beginan Indian tribal government, new text endthe state,
another state, or a political subdivision;

(2) registered in another state or country that have not been within this state for
more than 30 consecutive days; or

(3) registered under chapter 168, when operated on forest roads to gain access to a
state forest campground.

Sec. 9.

Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is
amended to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) deleted text beginAfter January 1, 1995,deleted text end A
person less than 16 years of age operating an off-highway motorcycle on public lands
or waters must possess a valid off-highway motorcycle safety certificate issued by the
commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
by a person 18 years of age or older or participating in an event for which the
commissioner has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied by a person 18 years of
age or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on
public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph
(a), only if that person is accompanied by a person 18 years of age or older who holds a
valid driver's license.

new text begin (f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may
operate an off-highway motorcycle on public lands or waters if the nonresident youth has
in possession evidence of completing an off-road safety course offered by the Motorcycle
Safety Foundation or another state as provided in section 84.791, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2008, section 84.798, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

Registration is not required for an off-road vehicle that is:

(1) owned and used by the United States, new text beginan Indian tribal government, new text endthe state,
another state, or a political subdivision; or

(2) registered in another state or country and has not been in this state for more
than 30 consecutive days.

Sec. 11.

Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:


Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c
, or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as
follows: $45 for three years and $4 for a duplicate or transfer.

(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.

(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.

new text begin (d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.
new text end

Sec. 12.

Minnesota Statutes 2008, section 84.82, subdivision 6, is amended to read:


Subd. 6.

Exemptions.

Registration is not required under this section for:

(1) a snowmobile owned and used by the United States, new text beginan Indian tribal government,
new text endanother state, or a political subdivision thereof;

(2) a snowmobile registered in a country other than the United States temporarily
used within this state;

(3) a snowmobile that is covered by a valid license of another state and has not been
within this state for more than 30 consecutive days;

(4) a snowmobile used exclusively in organized track racing events;

(5) a snowmobile in transit by a manufacturer, distributor, or dealer;

(6) a snowmobile at least 15 years old in transit by an individual for use only on
land owned or leased by the individual; or

(7) a snowmobile while being used to groom a state or grant-in-aid trail.

Sec. 13.

Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Exemption; collector unlimited snowmobile use. new text end

new text begin Snowmobiles may be
issued an exempt registration if the machine is at least 25 years old. Exempt registration is
valid from the date of issuance until ownership of the snowmobile is transferred. Exempt
registrations are not transferable.
new text end

Sec. 14.

Minnesota Statutes 2008, section 84.8205, subdivision 1, is amended to read:


Subdivision 1.

Sticker required; fee.

(a) Except as provided in paragraph (b), a
person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of snowmobile
registration is $30. In addition to other penalties prescribed by law, a person in violation
of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
is valid from November 1 through June 30. Fees collected under this section, except for
the issuing fee for licensing agents, shall be deposited in the state treasury and credited
to the snowmobile trails and enforcement account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
grooming, and easement acquisition.

(b) A state trail sticker is not required under this section for:

(1) a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;

(2) a snowmobile that is owned and used by the United States, new text beginan Indian tribal
government,
new text endanother state, or a political subdivision thereof that is exempt from
registration under section 84.82, subdivision 6;

(3) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a;

(4) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent; or

(5) a snowmobile while being used to groom a state or grant-in-aid trail.

(c) A temporary registration permit issued by a dealer under section 84.82,
subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
included with the registration application fee.

Sec. 15.

Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:


Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than deleted text begin900deleted text endnew text begin 1,000new text end pounds.

Sec. 16.

Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:


Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of deleted text begin900deleted text endnew text begin 1,000new text end to deleted text begin1,500deleted text endnew text begin 1,800new text end pounds.

Sec. 17.

Minnesota Statutes 2009 Supplement, section 84.922, subdivision 1a, is
amended to read:


Subd. 1a.

Exemptions.

All-terrain vehicles exempt from registration are:

(1) vehicles owned and used by the United States, new text beginan Indian tribal government, new text endthe
state, another state, or a political subdivision;

(2) vehicles registered in another state or country that have not been in this state for
more than 30 consecutive days;

(3) vehicles that:

(i) are owned by a resident of another state or country that does not require
registration of all-terrain vehicles;

(ii) have not been in this state for more than 30 consecutive days; and

(iii) are operated on state and grant-in-aid trails by a nonresident possessing a
nonresident all-terrain vehicle state trail pass;

(4) vehicles used exclusively in organized track racing events; and

(5) vehicles that are 25 years old or older and were originally produced as a separate
identifiable make by a manufacturer.

Sec. 18.

Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Collector unlimited use; exempt registration. new text end

new text begin All-terrain vehicles may
be issued an exempt registration if requested and the machine is at least 25 years old.
Exempt registration is valid from the date of issuance until ownership of the all-terrain
vehicle is transferred. Exempt registrations are not transferable.
new text end

Sec. 19.

Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:


Subd. 5.

Fees for registration.

(a) The fee for a three-year registration of
an all-terrain vehicle under this section, other than those registered by a dealer or
manufacturer under paragraph (b) or (c), is:

(1) for public use, $45;

(2) for private use, $6; and

(3) for a duplicate or transfer, $4.

(b) The total registration fee for all-terrain vehicles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not
transferable.

(c) The total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per
year. Manufacturer registrations are not transferable.

(d) new text beginThe onetime fee for registration of an all-terrain vehicle under subdivision 2b
is $6.
new text end

new text begin (e) new text endThe fees collected under this subdivision must be credited to the all-terrain
vehicle account.

Sec. 20.

Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:


Subdivision 1.

Program established.

(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training
program, including the preparation and dissemination of vehicle information and safety
advice to the public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and
training course.

(b) For the purpose of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall collect a fee
of $15 from each person who receives the training. The commissioner shall collect a fee,
to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
vehicle safety certificate that neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service. Fee proceeds, except for the
issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain
vehicle account in the natural resources fund. In addition to the fee established by the
commissioner, instructors may charge each person deleted text beginthe cost ofdeleted text end new text beginup to the established fee
amount for
new text endclass deleted text beginmaterialdeleted text end new text beginmaterials new text endand expenses.

(c) The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under this section. School districts may cooperate with the commissioner
and volunteer instructors to provide space for the classroom portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to training
program subject matter and performance testing that leads to the certification of vehicle
operators. By June 30, 2003, the commissioner shall incorporate a riding component in
the safety education and training program.

Sec. 21.

Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on
public road rights-of-way that is permitted under section 84.928, a driver's license issued
by the state or another state is required to operate an all-terrain vehicle along or on a
public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years
of age but less than 16 years may make a direct crossing of a public road right-of-way
of a trunk, county state-aid, or county highway or operate on public lands and waters or
state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
certificate issued by the commissioner and is accompanied deleted text beginon another all-terrain vehicledeleted text end
by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.

new text begin (i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16 years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
or state or grant-in-aid trails if:
new text end

new text begin (1) the nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided in section
84.925, subdivision 3; and
new text end

new text begin (2) the nonresident youth is accompanied by a person 18 years of age or older who
holds a valid driver's license.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is
amended to read:


Subdivision 1.

Pass required; fee.

(a) A nonresident may not operate an all-terrain
vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.

(b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to
counties and municipalities for all-terrain vehicle organizations to construct and maintain
all-terrain vehicle trails and use areas.

(c) A nonresident all-terrain vehicle state trail pass is not required for:

(1) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a; deleted text beginor
deleted text end

(2) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parentdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) a nonresident operating an all-terrain vehicle that is registered according to
section 84.922.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is
amended to read:


Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise
allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in
this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph (d) or (f).

(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand side of
the road and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
bank or slope of a trunk, interstate, county state-aid, or county highwaynew text begin:new text end

new text begin (1) that is part of a funded grant-in-aid trail; or
new text end

new text begin (2) new text endwhen the all-terrain vehicle isdeleted text begin:
deleted text end

deleted text begin (1)deleted text end owned by or operated under contract with a publicly or privately owned utility
or pipeline companydeleted text begin;deleted text end and

deleted text begin (2)deleted text end used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.

The commissioner must notify the road authority as soon as it is known that a closure
will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used
for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
side of the road, and left turns may be made from any part of the road if it is safe to do so
under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway between the hours of one-half
hour after sunset to one-half hour before sunrise, except on the right-hand side of the
right-of-way and in the same direction as the highway traffic on the nearest lane of the
adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.

Sec. 24.

Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:


Subd. 5.

Organized contests, use of highways and public lands and waters.

new text begin(a)
new text endNothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the
right-of-way of a state trunk or county state-aid highway or upon public lands or waters
under the jurisdiction of the commissioner of natural resources, in an organized contest or
event, subject to the consent of the official or board having jurisdiction over the highway
or public lands or waters.

new text begin (b) new text endIn permitting the contest or event, the official or board having jurisdiction may
prescribe restrictions or conditions as they may deem advisable.

new text begin (c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under
12 years of age may operate an all-terrain vehicle in an organized contest on public lands
or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person
complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised
by a person 18 years of age or older.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2008, section 84D.10, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Persons leaving public waters. new text end

new text begin A person leaving waters of the state must
drain bait containers, other boating-related equipment holding water excluding marine
sanitary systems, and live wells and bilges by removing the drain plug before transporting
the watercraft and associated equipment on public roads. Drain plugs, bailers, valves, or
other devices used to control the draining of water from ballast tanks, bilges, and live
wells must be removed or opened while transporting watercraft on a public road. Marine
sanitary systems are excluded from this requirement.
new text end

Sec. 26.

Minnesota Statutes 2008, section 84D.13, subdivision 5, is amended to read:


Subd. 5.

Civil penalties.

A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes on a forest road as defined by section
89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
any other public road, $50;

(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
aquatic plant harvesting equipment that has aquatic macrophytes attached, $100;

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

(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or
aquatic plant harvesting equipment that has prohibited invasive species attached when
the waters are not designated by the commissioner as being infested with that invasive
species, $500 for the first offense and $1,000 for each subsequent offense;

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

(6) for failing to drain waterdeleted text begin, as required by rule,deleted text end from watercraft and equipment
before leaving deleted text begindesignated zebra mussel, spiny water flea, or other invasive plankton
infested
deleted text end watersnew text begin of the statenew text end, $50; and

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

Sec. 27.

Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is
amended to read:


Subd. 13.

Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminatenew text begin;
new text end

new text begin (4) The Minnesota-Wisconsin Boundary Trail shall originate in Duluth in St. Louis
County and extend southerly to St. Croix State Forest in Pine County
new text end.

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 28.

Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:


Subd. 14.

Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
Carlton, and Washington Counties.

(a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the State Capitol
and extend northerly and northeasterly to William O'Brien State Park, thence northerly
to Taylors Falls in Chisago County. One segment shall deleted text beginbe known as the Boundary Trail
and shall
deleted text end originate in Chisago County and extend into deleted text beginDuluth in St. Louisdeleted text endnew text begin Hinckley and
Pine
new text end County. One segment shall be known as the Browns Creek Trail and shall originate
at Duluth Junction and extend into Stillwater in Washington County. One segment shall
be known as the Munger Trail and shall originate at Hinckley in Pine County and extend
through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall
be known as the Alex Laveau Trail and shall originate in Carlton County at Carlton and
extend through Wrenshall to the Minnesota-Wisconsin border. One segment shall be
established that extends the trail to include the cities of Proctor, Duluth, and Hermantown
in St. Louis County.

(b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
and nonmotorized riding and the remaining trails shall be developed primarily for riding
and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Gateway and Browns Creek Trails may be acquired by eminent domain.

Sec. 29.

Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read:


Subd. 4.

Deposit of fees.

(a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.

(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the deleted text begingeneral funddeleted text endnew text begin state parks working capital
account
new text end.

(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made.

Sec. 30.

Minnesota Statutes 2009 Supplement, section 85.053, subdivision 10, is
amended to read:


Subd. 10.

Free entrance; deleted text begintotally and permanentlydeleted text end disabled veterans.

The
commissioner shall issue an annual park permit for no charge to any veteran with a total
and permanent service-connected disability, new text beginand a daily park permit to any resident
veteran with any level of service-connected disability,
new text endas determined by the United States
Department of Veterans Affairs, who presents each year a copy of deleted text begintheirdeleted text endnew text begin the veteran'snew text end
determination letter to a park attendant or commissioner's designee. For the purposes of
this section, "veteran" has the meaning given in section 197.447.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 31.

Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:


Subd. 5.

Exemption.

Purchases new text beginfor resale or rental new text endmade from the state parks
working capital deleted text beginfunddeleted text endnew text begin accountnew text end are exempt from competitive bidding, notwithstanding
chapter 16C.

Sec. 32.

Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:


Subdivision 1.

Areas marked.

The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark deleted text begincanoe and boating routesdeleted text endnew text begin state water trailsnew text end on the Little Fork, Big Fork,
Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines,
Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre
within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in
Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North,
Sauk, Otter Tail, Redwood,new text begin Blue Earth,new text end and Crow Rivers which have historic and scenic
values and to mark appropriately points of interest, portages, camp sites, and all dams,
rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoenew text begin,
kayak,
new text end and watercraft travelers.

Sec. 33.

Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read:


Subd. 3.

Exemptions.

new text begin(a) new text endParticipants in cross-country ski races deleted text beginand official school
activities
deleted text end and residents of a state or local government operated correctional facility are
exempt from the pass requirement in subdivision 1 if a special use permit has been
obtained by the organizers of the event or those in an official capacity in advance from the
agency with jurisdiction over the cross-country ski trail. Permits shall require that permit
holders return the trail and any associated facility to its original condition if any damage
is done by the permittee. Limited permits for special events may be issued and shall
require the removal of any trail markers, banners, and other material used in connection
with the special event.

new text begin (b) Unless otherwise exempted under paragraph (a), students, teachers, and
supervising adults engaged in school-sanctioned activities or other youth activities
sponsored by a nonprofit organization are exempt from the pass requirements in
subdivision 1.
new text end

Sec. 34.

Minnesota Statutes 2008, section 85.42, is amended to read:


85.42 USER FEE; VALIDITY.

(a) The fee for an annual cross-country ski pass is deleted text begin$14deleted text endnew text begin $19new text end for an individual age 16
and over. The fee for a three-year pass is deleted text begin$39deleted text endnew text begin $54new text end for an individual age 16 and over. This
fee shall be collected at the time the pass is purchased. Three-year passes are valid for
three years beginning the previous July 1. Annual passes are valid for one year beginning
the previous July 1.

(b) The cost for a daily cross-country skier pass is deleted text begin$4deleted text endnew text begin $5new text end for an individual age 16 and
over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) A pass must be signed by the skier across the front of the pass to be valid and
becomes nontransferable on signing.

Sec. 35.

Minnesota Statutes 2008, section 85.43, is amended to read:


85.43 DISPOSITION OF RECEIPTS; PURPOSE.

new text begin (a) new text endFees from cross-country ski passes shall be deposited in the state treasury and
credited to a cross-country ski account in the natural resources fund and, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, are appropriated to the commissioner of natural resources for
new text begin the following purposes:
new text end

new text begin (1) new text endgrants-in-aid for cross-country ski trails deleted text beginsponsored by local units of governmentdeleted text endnew text begin
to:
new text end

new text begin (i) counties and municipalities for construction and maintenance of cross-country
ski trails;
new text end and

new text begin (ii)new text end special park districts as provided in section 85.44new text begin for construction and
maintenance of cross-country ski trails; and
new text end

new text begin (2) administration of the cross-country ski trail grant-in-aid programnew text end.

new text begin (b) Development and maintenance of state cross-country ski trails are eligible for
funding from the cross-country ski account if the money is appropriated by law.
new text end

Sec. 36.

Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter
37, article 1, sections 22 to 24, is amended to read:


85.46 HORSE deleted text beginTRAILdeleted text end PASS.

Subdivision 1.

Pass in possession.

(a) Except as provided in paragraph (b), while
riding, leading, or driving a horse on horse trails and associated day use areas on state
trails, in state parks, in state recreation areas, and in state forests, a person 16 years of
age or over shall carry in immediate possession a valid horse deleted text begintraildeleted text end pass. The pass must
be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.

(b) A valid horse deleted text begintraildeleted text end pass is not required under this section for a person riding,
leading, or driving a horse deleted text beginonlydeleted text end on deleted text beginthe portion of a horse traildeleted text end new text beginproperty new text endthat is owned by
the person or the person's spouse, child, parent, or guardian.

Subd. 2.

License agents.

(a) The commissioner of natural resources may appoint
agents to issue and sell horse deleted text begintraildeleted text end passes. The commissioner may revoke the appointment
of an agent at any time.

(b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.

(c) An agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.

Subd. 3.

Issuance.

The commissioner of natural resources and agents shall issue
and sell horse deleted text begintraildeleted text end passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a daily or annual pass
must be signed by the person riding, leading, or driving the horse, and a commercial
annual pass must be signed by the owner of the commercial deleted text begintraildeleted text end riding facility.

Subd. 4.

Pass fees.

(a) The fee for an annual horse deleted text begintraildeleted text end pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.

(b) The fee for a daily horse deleted text begintraildeleted text end pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) The fee for a commercial annual horse deleted text begintraildeleted text end pass is $200 and includes issuance
of 15 passes. Additional or individual commercial annual horse deleted text begintraildeleted text end passes may be
purchased by the commercial deleted text begintraildeleted text end riding facility owner at a fee of $20 each. Commercial
annual horse deleted text begintraildeleted text end passes are valid for one year beginning January 1 and ending December
31 and may be affixed to the horse tack, saddle, or person. Commercial annual horse deleted text begintraildeleted text end
passes are not transferable to another commercial deleted text begintraildeleted text end riding facility. For the purposes of
this section, a "commercial deleted text begintraildeleted text end riding facility" is an operation where horses are used for
riding instruction or other equestrian activities for hire or use by others.

Subd. 5.

Issuing fee.

In addition to the fee for a horse deleted text begintraildeleted text end pass, an issuing fee of
$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
Issuing fees for passes sold by the commissioner of natural resources shall be deposited
in the state treasury and credited to the horse deleted text begintraildeleted text end new text beginpass new text endaccount in the natural resources
fund and are appropriated to the commissioner for the operation of the electronic licensing
system. A pass shall indicate the amount of the fee that is retained by the seller.

Subd. 6.

Disposition of receipts.

Fees collected under this section, except for
the issuing fee, shall be deposited in the state treasury and credited to the horse deleted text begintraildeleted text end
new text begin pass new text endaccount in the natural resources fund. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, the
fees are appropriated to the commissioner of natural resources for trail acquisition, trail and
facility development, and maintenance, enforcement, and rehabilitation of horse trails or
trails authorized for horse use, whether for riding, leading, or driving, on deleted text beginstate trails and in
state parks, state recreation areas, and state forests
deleted text endnew text begin land administered by the commissionernew text end.

Subd. 7.

Duplicate horse deleted text begintraildeleted text end passes.

The commissioner of natural resources and
agents shall issue a duplicate pass to a person or commercial deleted text begintraildeleted text end riding facility owner
whose pass is lost or destroyed using the process established under section 97A.405,
subdivision 3, and rules adopted thereunder. The fee for a duplicate horse deleted text begintraildeleted text end pass is $2,
with an issuing fee of 50 cents.

Sec. 37.

Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is
amended to read:


Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, new text beginfor scientific and natural
areas,
new text endfor water access sites, for aquatic management areas, for rest areas, or for boater
waysides.

Sec. 38.

Minnesota Statutes 2008, section 86B.301, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under
federal law or a federally approved licensing or numbering system of another state, and
has not been within this state for more than 90 consecutive days, which does not include
days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
port or another port in the state;

(2) a watercraft from a country other than the United States that has not been
within this state for more than 90 consecutive days, which does not include days that a
watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another
port in the state;

(3) a watercraft owned by the United States, new text beginan Indian tribal government, new text enda state, or
a political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States
government;

(6) a duck boat during duck hunting season;

(7) a rice boat during the harvest season;

(8) a seaplane; and

(9) a nonmotorized watercraft nine feet in length or less.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon the state receiving written
approval from the United States Coast Guard, as provided in United States Code, title 46,
section 12303, and Code of Federal Regulations, title 33, section 174.7.
new text end

Sec. 39.

Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPermitdeleted text endnew text begin Permissionnew text end required.

(a) deleted text beginA permitdeleted text endnew text begin Permissionnew text end to start a fire
to burn vegetative materials and other materials allowed by Minnesota Statutes or official
state rules and regulations may be given by the commissioner or the commissioner's agent.
This permission shall be in the form of:

(1) a written permit issued by a forest officer, fire warden, or other person authorized
by the commissioner; deleted text beginor
deleted text end

(2) an electronic permit issued by the commissioner, an agent authorized by the
commissioner, or an Internet site authorized by the commissionernew text begin; or
new text end

new text begin (3) a general permit adopted by the county board of commissioners according to
paragraph (c)
new text end.

(b) new text beginWritten and electronic new text endburning permits shall set the time and conditions by which
the fire may be started and burned. The permit shall also specifically list the materials that
may be burned. The permittee must have the permit on their person and shall produce
the permit for inspection when requested to do so by a forest officer, conservation officer,
or other peace officer. The permittee shall remain with the fire at all times and before
leaving the site shall completely extinguish the fire. A person shall not start or cause a
fire to be started on any land that is not owned or under their legal control without the
written permission of the owner, lessee, or an agent of the owner or lessee of the land.
Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be
cause for the permit to be revoked.

new text begin (c) A general burning permit may be adopted by the county board of commissioners
in counties that are determined by the commissioner either to not be wildfire areas as
defined in section 88.01, subdivision 6, or to otherwise have low potential for damage
to life and property from wildfire. The commissioner shall consider the history of and
potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative
material; and the distribution of property subject to damage from escaped fires. Upon a
determination by the commissioner and adoption by a vote of the county board, permission
for open burning is extended to all residents in the county without the need for individual
written or electronic permits, provided burning conforms to all other provisions of this
chapter, including those related to responsibility to control and extinguish fires, no burning
of prohibited materials, and liability for damages caused by violations of this chapter.
new text end

new text begin (d) Upon adoption of a general burning permit, a county must establish specific
regulations by ordinance, to include at a minimum the time when and conditions under
which fires may be started and burned. No ordinance may be less restrictive than state law.
new text end

new text begin (e) At any time when the commissioner or the county board determines that a general
burning permit is no longer in the public interest, the general permit may be canceled by
mutual agreement of the commissioner and the county board.
new text end

Sec. 40.

Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read:


Subd. 3.

Special permits.

The following special permits are required at all times,
including when the ground is snow-covered:

(a) Fire training. A permit to start a fire for the instruction and training of
firefighters, including liquid fuels training, may be given by the commissioner or agent of
the commissioner. Except for owners or operators conducting fire training in specialized
industrial settings pursuant to applicable federal, state, or local standards, owners
or operators conducting open burning for the purpose of instruction and training of
firefighters with regard to structures must follow the techniques described in a document
entitled: Structural Burn Training Procedures for the Minnesota Technical College System.

(b) Permanent tree and brush open burning sites. A permit for the operation of
a permanent tree and brush burning site may be given by the commissioner or agent of
the commissioner. Applicants for a permanent open burning site permit shall submit a
complete application on a form provided by the commissioner. Existing permanent tree
and brush open burning sites must submit for a permit within 90 days of the passage of
this statute for a burning permit. New site applications must be submitted at least 90
days before the date of the proposed operation of the permanent open burning site. The
application must be submitted to the commissioner and must contain:

(1) the name, address, and telephone number of all owners of the site proposed for
use as the permanent open burning site;

(2) if the operator for the proposed permanent open burning site is different from the
owner, the name, address, and telephone number of the operator;

(3) a general description of the materials to be burned, including the source and
estimated quantitynew text begin, dimensions of the site and burn pile areas, hours and dates of operation,
and provisions for smoke management
new text end; and

(4) a topographic or similarly detailed map of the site and surrounding area within
a one mile circumference showing all structures that might be affected by the operation
of the site.

Only trees, tree trimmings, or brush that cannot be disposed of by an alternative
method such as chipping, composting, or other method shall be permitted to be burned
at a permanent open burning site. A permanent tree and brush open burning site must
be located new text beginand operated new text endso as not to create a nuisance or endanger water quality.new text begin The
commissioner shall revoke the permit or order actions to mitigate threats to public health,
safety, and the environment in the event that permit conditions are violated.
new text end

Sec. 41.

Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read:


Subd. 2.

Charge for service; receipts to special revenue fund.

new text beginNotwithstanding
section 16A.1283,
new text endthe commissioner of natural resources may deleted text begincharge the ownerdeleted text endnew text begin, by written
order published in the State Register, establish fees the commissioner determines to be
fair and reasonable that are charged to owners
new text end receiving deleted text beginsuchdeleted text end services deleted text beginsuch sums as the
commissioner shall determine to be fair and reasonable
deleted text endnew text begin under subdivision 1new text end. The charges
must account for differences in the value of timber and other benefits. The receipts from
such services shall be credited to the special revenue fund and are annually appropriated to
the commissioner for the purposes specified in subdivision 1.

Sec. 42.

Minnesota Statutes 2008, section 89.17, is amended to read:


89.17 LEASES AND PERMITS.

new text begin Notwithstanding the permit procedures of chapter 90, new text endthe commissioner shall have
power to grant and execute, in the name of the state, leases and permits for the use of
any forest lands under the authority of the commissioner for any purpose which in the
commissioner's opinion is not inconsistent with the maintenance and management of the
forest lands, on forestry principles for timber production. Every such lease or permit shall
be revocable at the discretion of the commissioner at any time subject to such conditions
as may be agreed on in the lease. The approval of the commissioner of administration
shall not be required upon any such lease or permit. No such lease or permit for a period
exceeding deleted text begintendeleted text endnew text begin 50new text end years shall be granted except with the approval of the Executive Council.

deleted text begin Hunting of wild game is prohibited on any land which has been posted by the lessee
to prohibit hunting. Such prohibition shall apply to all persons including the lessee
deleted text endnew text begin Public
access to the leased land for outdoor recreation shall be the same as access would be
under state management
new text end.

Sec. 43.

Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Reoffering unsold timber. new text end

new text begin To maintain and enhance forest ecosystems on
state forest lands, the commissioner may reoffer timber tracts remaining unsold under the
provisions of section 90.101 below appraised value at public auction with the required
30-day notice under section 90.101, subdivision 2.
new text end

Sec. 44.

Minnesota Statutes 2008, section 90.121, is amended to read:


90.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000
CORDS.

(a) The commissioner may sell the timber on any tract of state land in lots not
exceeding 3,000 cords in volume, in the same manner as timber sold at public auction
under section 90.101, and related laws, subject to the following special exceptions and
limitations:

(1) the commissioner shall offer all tracts authorized for sale by this section
separately from the sale of tracts of state timber made pursuant to section 90.101;

(2) no bidder may be awarded more than 25 percent of the total tracts offered at the
first round of bidding unless fewer than four tracts are offered, in which case not more
than one tract shall be awarded to one bidder. Any tract not sold at public auction may be
offered for private sale as authorized by section 90.101, subdivision 1, to persons eligible
under this section at the appraised value; and

(3) no sale may be made to a person having more than deleted text begin20deleted text endnew text begin 30new text end employees. For the
purposes of this clause, "employee" means an individual working new text beginin the timber or wood
products industry
new text endfor salary or wages on a full-time or part-time basis.

(b) The auction sale procedure set forth in this section constitutes an additional
alternative timber sale procedure available to the commissioner and is not intended to
replace other authority possessed by the commissioner to sell timber in lots of 3,000
cords or less.

new text begin (c) Another bidder or the commissioner may request that the number of employees a
bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the
bidder may be ineligible due to exceeding the employee threshold. The commissioner
shall request information from the commissioners of labor and industry and employment
and economic development including the premiums paid by the bidder in question
for workers' compensation insurance coverage for all employees of the bidder. The
commissioner shall review the information submitted by the commissioners of labor and
industry and employment and economic development and make a determination based on
that information as to whether the bidder is eligible. A bidder is considered eligible and
may participate in intermediate auctions until determined ineligible under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2006.
new text end

Sec. 45.

Minnesota Statutes 2008, section 90.14, is amended to read:


90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it
was appraised. No tract shall be sold to any person other than the purchaser in whose name
the bid was made. The commissioner may refuse to approve any and all bids received and
cancel a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the
bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under
section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent
of the appraised value. In case any purchaser fails to make such payment, the purchaser
shall be liable therefor to the state in a civil action, and the commissioner may reoffer the
timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor
had been made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
state timber may, at the time of payment by the purchaser to the commissioner of 15
percent of the appraised value, elect in writing on a form prescribed by the attorney
general to purchase a permit based solely on the appraiser's estimate of the volume of
timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as
required under section 90.101. A purchaser who elects in writing on a form prescribed
by the attorney general to purchase a permit based solely on the appraiser's estimate of
the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall
be awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value deleted text beginwithin ten business days of receiving a written award
notice
deleted text endnew text begin that must be received or postmarked within 14 days of the date of the sealed bid
opening
new text end. If a purchaser fails to make the down payment, the purchaser is liable for the
down payment to the state and the commissioner may offer the timber for sale to the next
highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit
issued under section 90.151, the new text begincommissioner shall require the new text endpurchaser deleted text beginshalldeleted text end new text beginto new text endmake
a bid guarantee payment to the commissioner in an amount equal to 15 percent of the
total purchase price of the permit less the down payment amount required by paragraph
(b)new text begin for any bid increase in excess of $5,000 of the appraised valuenew text end. If deleted text beginthedeleted text end new text begina required new text endbid
guarantee payment is not submitted with the signed permit, no harvesting may occur, the
permit cancels, and the down payment for timber forfeits to the state. The bid guarantee
payment forfeits to the state if the purchaser and successors in interest fail to execute
an effective permit.

Sec. 46.

new text begin [97A.072] PEACE OFFICER TRAINING ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; sources. new text end

new text begin The peace officer training account is
created in the game and fish fund in the state treasury. Revenue from the portion of the
surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
clause (1), shall be deposited in the account and is appropriated to the commissioner.
Money in the account may be spent only for the purposes provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Purposes of account. new text end

new text begin Money in the peace officer training account
may only be spent by the commissioner for peace officer training for employees of the
Department of Natural Resources who are licensed under sections 626.84 to 626.863
to enforce game and fish laws.
new text end

Sec. 47.

Minnesota Statutes 2008, section 103A.305, is amended to read:


103A.305 JURISDICTION.

Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding
involves a question of water policy in one or more of the areas of water conservation, water
pollution, preservation and management of wildlife, drainage, soil conservation, public
recreation, forest management, and municipal planning under section 97A.135; 103A.411;
103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; deleted text begin103G.295,
subdivisions 1 and 2
;
deleted text end new text begin; new text end103G.297 to 103G.311; 103G.315, subdivisions 1, 10,
11, and 12
; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.

Sec. 48.

Minnesota Statutes 2008, section 103F.325, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin District boundary adjustments. new text end

new text begin (a) Notwithstanding subdivision 1, the
commissioner may, by written order, amend the boundary of the designated area according
to this subdivision. At least 30 days prior to issuing the order, the commissioner must
give notice of the proposed boundary amendment to the local governmental unit and
property owners in the designated area directly affected by the amendment and publish
notice in an official newspaper of general circulation in the county. The commissioner
must consider comments received on the proposed boundary amendment and must make
findings and issue a written order. The findings must address the consistency of the
proposed amendment with the values for which the river was included in the system, and
potential impacts to the scenic, recreational, natural, historical, and scientific values of the
land and water within the designated area.
new text end

new text begin (b) The commissioner's order is effective 30 days after issuing the order. Before
the effective date, a local unit of government with jurisdiction in the affected area may
contest the order under chapter 14.
new text end

new text begin (c) Boundary amendments under this subdivision remain subject to the acreage
limitations in this section.
new text end

Sec. 49.

Minnesota Statutes 2008, section 103F.335, subdivision 1, is amended to read:


Subdivision 1.

Compliance of ordinances with system.

(a) Within six months after
establishment of a wild, scenic, or recreational river system, new text beginor within six months after
revision of the management plan,
new text endeach local governmental unit with jurisdiction over a
portion of the system shall adopt or amend its ordinances and land use district maps
to the extent necessary to new text beginsubstantially new text endcomply with the standards and criteria of the
commissioner and the management plan.

(b) If a local government fails to adopt deleted text beginadequatedeleted text end new text beginsubstantially compliant new text endordinances,
maps, or amendments within six months, the commissioner shall adopt the ordinances,
maps, or amendments in the manner and with the effect specified in section 103F.215.

(c) The commissioner shall assist local governments in the preparation,
implementation, and enforcement of the ordinances.

Sec. 50.

Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:


103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall maintain a public waters inventory map of each county
that shows the waters of this state that are designated as public waters under the public
waters inventory and classification procedures prescribed under Laws 1979, chapter
199, and shall provide access to a copy of the maps deleted text beginand listsdeleted text end. As county public waters
inventory maps deleted text beginand listsdeleted text end are revised according to this section, the commissioner shall send
a notification or a copy of the maps deleted text beginand listsdeleted text end to the auditor of each affected county.

(b) The commissioner is authorized to revise the deleted text beginlistdeleted text end new text beginmap new text endof public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.

(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.

(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map deleted text beginand listdeleted text end of each
county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.

Sec. 51.

Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:


Subd. 3.

Permit restriction during summer months.

The commissioner must not
modify or restrict the amount of appropriation from a groundwater source authorized in a
water use permit issued to irrigate agricultural land deleted text beginunder section 103G.295, subdivision
2
,
deleted text end between May 1 and October 1, unless the commissioner determines the authorized
amount of appropriation endangers a domestic water supply.

Sec. 52.

new text begin [103G.282] MONITORING TO EVALUATE IMPACTS FROM
APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Monitoring equipment. new text end

new text begin The commissioner may require the
installation and maintenance of monitoring equipment to evaluate water resource impacts
from permitted appropriations and proposed projects that require a permit. Monitoring for
water resources that supply more than one appropriator must be designed to minimize
costs to individual appropriators.
new text end

new text begin Subd. 2. new text end

new text begin Measuring devices required. new text end

new text begin Monitoring installations required under
subdivision 1 must be equipped with automated measuring devices to measure water
levels, flows, or conditions. The commissioner may determine the frequency of
measurements and other measuring methods based on the quantity of water appropriated
or used, the source of water, potential connections to other water resources, the method
of appropriating or using water, seasonal and long-term changes in water levels, and any
other facts supplied to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Reports and costs. new text end

new text begin (a) Records of water measurements under subdivision
2 must be kept for each installation. The measurements must be reported annually to the
commissioner on or before February 15 of the following year in a format or on forms
prescribed by the commissioner.
new text end

new text begin (b) The owner or person in charge of an installation for appropriating or using
waters of the state or a proposal that requires a permit is responsible for all costs related
to establishing and maintaining monitoring installations and to measuring and reporting
data. Monitoring costs for water resources that supply more than one appropriator may be
distributed among all users within a monitoring area determined by the commissioner and
assessed based on volumes of water appropriated and proximity to resources of concern.
new text end

Sec. 53.

Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:


Subd. 5.

Trout streams.

Permits issued after June 3, 1977, to appropriate water
from streams designated trout streams by the commissioner's orders under section deleted text begin97C.021deleted text end
new text begin 97C.005 new text endmust be limited to temporary appropriations.

Sec. 54.

new text begin [103G.287] GROUNDWATER APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applications for groundwater appropriations. new text end

new text begin (a) Groundwater
use permit applications are not complete until the applicant has supplied:
new text end

new text begin (1) a water well record as required by section 103I.205, subdivision 9, information
on the subsurface geologic formations penetrated by the well and the formation or aquifer
that will serve as the water source, and geologic information from test holes drilled to
locate the site of the production well;
new text end

new text begin (2) the maximum daily, seasonal, and annual pumpage rates and volumes being
requested;
new text end

new text begin (3) information on groundwater quality in terms of the measures of quality
commonly specified for the proposed water use and details on water treatment necessary
for the proposed use;
new text end

new text begin (4) an inventory of existing wells within 1-1/2 miles of the proposed production well
or within the area of influence, as determined by the commissioner. The inventory must
include information on well locations, depths, geologic formations, depth of the pump or
intake, pumping and nonpumping water levels, and details of well construction; and
new text end

new text begin (5) the results of an aquifer test completed according to specifications approved by
the commissioner. The test must be conducted at the maximum pumping rate requested
in the application and for a length of time adequate to assess or predict impacts to other
wells and surface water and groundwater resources. The permit applicant is responsible
for all costs related to the aquifer test, including the construction of groundwater and
surface water monitoring installations, and water level readings before, during, and after
the aquifer test.
new text end

new text begin (b) The commissioner may waive an application requirement in this subdivision
if the information provided with the application is adequate to determine whether the
proposed appropriation and use of water is sustainable and will protect ecosystems, water
quality, and the ability of future generations to meet their own needs.
new text end

new text begin Subd. 2. new text end

new text begin Relationship to surface water resources. new text end

new text begin Groundwater appropriations
that have potential impacts to surface waters are subject to applicable provisions in
section 103G.285.
new text end

new text begin Subd. 3. new text end

new text begin Protection of groundwater supplies. new text end

new text begin The commissioner may establish
water appropriation limits to protect groundwater resources. When establishing water
appropriation limits to protect groundwater resources, the commissioner must consider
the sustainability of the groundwater resource, including the current and projected water
levels, water quality, whether the use protects ecosystems, and the ability of future
generations to meet their own needs.
new text end

new text begin Subd. 4. new text end

new text begin Groundwater management areas. new text end

new text begin The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a plan approved by
the commissioner that addresses water conservation requirements and water allocation
priorities established in section 103G.261.
new text end

new text begin Subd. 5. new text end

new text begin Interference with other wells. new text end

new text begin The commissioner may issue water use
permits for appropriation from groundwater only if the commissioner determines that the
groundwater use is sustainable to supply the needs of future generations and the proposed
use will not harm ecosystems, degrade water, or reduce water levels beyond the reach
of public water supply and private domestic wells constructed according to Minnesota
Rules, chapter 4725.
new text end

Sec. 55.

Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:


Subd. 6.

Filing application.

deleted text begin(a)deleted text end An application for a permit must be filed with the
commissioner and if the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, a copy of the application with maps, plans, and specifications must be served on
the mayor of the municipality, the secretary of the board of managers of the watershed
district, and the secretary of the board of supervisors of the soil and water conservation
district.

deleted text begin (b) If the application is required to be served on a local governmental unit under
this subdivision, proof of service must be included with the application and filed with
the commissioner.
deleted text end

Sec. 56.

Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:


Subd. 2.

Exception.

The requirements of subdivision 1 do not apply to applications
for a water use permit for:

(1) deleted text beginappropriations from waters of the state for irrigation, under section 103G.295;deleted text end

deleted text begin (2)deleted text end appropriations for diversion from the basin of origin of more than 2,000,000
gallons per day average in a 30-day period; or

deleted text begin (3)deleted text endnew text begin (2)new text end appropriations with a consumptive use of more than 2,000,000 gallons per
day average for a 30-day period.

Sec. 57.

Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
read:


Subd. 11.

Limitations on permits.

(a) Except as otherwise expressly provided by
law, a permit issued by the commissioner under this chapter is subject to:

(1) cancellation by the commissioner at any time if necessary to protect the public
interests;

(2) further conditions on the term of the permit or its cancellation as the
commissioner may prescribe and amend and reissue the permit; and

(3) applicable law existing before or after the issuance of the permit.

(b) Permits issued to irrigate agricultural land deleted text beginunder section 103G.295, or considered
issued,
deleted text end are subject to this subdivision and are subject to cancellation by the commissioner
upon the recommendation of the supervisors of the soil and water conservation district
where the land to be irrigated is located.

Sec. 58.

Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:


Subd. 5.

Removal of hazardous dams.

Notwithstanding any provision of
this section or of section 103G.511 relating to cost sharing or apportionment, the
commissioner, within the limits of legislative appropriation, may assume or pay the entire
cost of removal of a privately or publicly owned dam upon determining new text beginremoval provides
the lowest cost solution and:
new text end

new text begin (1) new text endthat continued existence of the structure presents a significant public safety
hazard, or prevents restoration of an important fisheries resourcedeleted text begin,deleted text endnew text begin;new text end or

new text begin (2) new text endthat public or private property is being damaged due to partial failure of the
structuredeleted text begin, and that an attempt to assess costs of removal against the private or public
owner would be of no avail
deleted text end.

Sec. 59.

new text begin [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
new text end

new text begin The commissioner of natural resources must not issue leases to remove sunken logs
or issue permits for the removal of sunken logs from public waters.
new text end

Sec. 60.

Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Subsurface sewage treatment systems implementation and
enforcement task force.
new text end

new text begin (a) By September 1, 2010, the agency shall appoint a subsurface
sewage treatment systems implementation and enforcement task force in collaboration
with the Association of Minnesota Counties, Minnesota Association of Realtors,
Minnesota Association of County Planning and Zoning Administrators, and the Minnesota
Onsite Wastewater Association. The agency shall work in collaboration with the task
force to develop effective and timely implementation and enforcement methods in order to
rapidly reduce the number of subsurface sewage treatment systems that are an imminent
threat to public health or safety and effectively enforce all violations of the subsurface
sewage treatment system rules. The agency shall meet at least three times per year with
the task force to address implementation and enforcement issues. The meetings shall be
scheduled so that they do not interfere with the construction season.
new text end

new text begin (b) The agency, in collaboration with the task force and in consultation with the
attorney general, county attorneys, and county planning and zoning staff, shall develop,
periodically update, and provide to counties enforcement protocols and a checklist that
county inspectors, field staff, and others may use when inspecting subsurface sewage
treatment systems and enforcing subsurface sewage treatment system rules.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 61.

Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read:


Subd. 4.

Rules and standards.

Pursuant and subject to the provisions of chapter 14,
and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind
rules and standards having the force of law relating to any purpose within the provisions
of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution.
Any such rule or standard may be of general application throughout the state, or may be
limited as to times, places, circumstances, or conditions in order to make due allowance
for variations therein. Without limitation, rules or standards may relate to sources or
emissions of air contamination or air pollution, to the quality or composition of such
emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or
to any other matter relevant to the prevention, abatement, or control of air pollution.

Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend, and rescind rules and standards having
the force of law relating to any purpose within the provisions of Laws 1969, chapter
1046, for the collection, transportation, storage, processing, and disposal of solid waste
and the prevention, abatement, or control of water, air, and land pollution which may be
related thereto, and the deposit in or on land of any other material that may tend to cause
pollution. The agency shall adopt such rules and standards for sewage sludge, addressing
the intrinsic suitability of land, the volume and rate of application of sewage sludge of
various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites.
Any such rule or standard may be of general application throughout the state or may be
limited as to times, places, circumstances, or conditions in order to make due allowance
for variations therein. Without limitation, rules or standards may relate to collection,
transportation, processing, disposal, equipment, location, procedures, methods, systems
or techniques or to any other matter relevant to the prevention, abatement or control of
water, air, and land pollution which may be advised through the control of collection,
transportation, processing, and disposal of solid waste and sewage sludge, and the deposit
in or on land of any other material that may tend to cause pollution. By January 1, 1983,
the rules for the management of sewage sludge shall include an analysis of the sewage
sludge determined by the commissioner of agriculture to be necessary to meet the soil
amendment labeling requirements of section 18C.215. The rules for the disposal of
solid waste shall include site-specific criteria to prohibit solid waste disposal based on
the area's sensitivity to groundwater contamination, including site-specific testing. new text beginThe
rules shall provide criteria to prohibit locating landfills based on a site's sensitivity to
groundwater contamination. Sensitivity to groundwater contamination is based on the
predicted minimum time of travel of groundwater contaminants from the solid waste to
the compliance boundary. The rules shall prohibit landfills in areas where karst is likely
to develop. The rules shall specify testable or otherwise objective thresholds for these
criteria.
new text endThe rules shall also include modifications to financial assurance requirements
under subdivision 4h that ensure the state is protected from financial responsibility for
future groundwater contamination. new text beginThe financial assurance and siting modifications to
the rules specified in this act do not apply to solid waste facilities initially permitted
before January 1, 2011, including future contiguous expansions and noncontiguous
expansions within 600 yards of a permitted boundary. The rule modification shall not
affect solid waste disposal facilities that accept only construction and demolition debris
and incidental nonrecyclable packaging, and facilities that accept only industrial waste
that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting
from the manufacture of construction materials. The rule amendment shall not require
new siting or financial assurance requirements for permit by rule solid waste disposal
facilities. The modifications to the financial assurance rules specified in this act must
require that a solid waste disposal facility subject to them maintain financial assurance
so long as the facility poses a potential environmental risk to human health, wildlife, or
the environment, as determined by the agency following an empirical assessment.
new text endUntil
the rules are modified to include site-specific criteria to prohibit areas from solid waste
disposal due to groundwater contamination sensitivity, as required under this section, the
agency shall not issue a permit for a new solid waste disposal facility, except for:

(1) the reissuance of a permit for a land disposal facility operating as of March
1, 2008;

(2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond
its permitted boundaries, including expansion on land that is not contiguous to, but is
located within 600 yards of, the land disposal facility's permitted boundaries;

(3) a permit to modify the type of waste accepted at a land disposal facility operating
as of March 1, 2008;

(4) a permit to locate a disposal facility that accepts only construction debris as
defined in section 115A.03, subdivision 7;

(5) a permit to locate a disposal facility that:

(i) accepts boiler ash from an electric energy power plant that has wet scrubbed units
or has units that have been converted from wet scrubbed units to dry scrubbed units as
those terms are defined in section 216B.68;

(ii) is on land that was owned on May 1, 2008, by the utility operating the electric
energy power plant; and

(iii) is located within three miles of the existing ash disposal facility for the power
plant; or

(6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals
regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals
regulated under Minnesota Rules, chapter 6132.

Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend and rescind rules and standards having the
force of law relating to any purpose within the provisions of Laws 1971, chapter 727, for
the prevention, abatement, or control of noise pollution. Any such rule or standard may
be of general application throughout the state, or may be limited as to times, places,
circumstances or conditions in order to make due allowances for variations therein.
Without limitation, rules or standards may relate to sources or emissions of noise or noise
pollution, to the quality or composition of noises in the natural environment, or to any
other matter relevant to the prevention, abatement, or control of noise pollution.

As to any matters subject to this chapter, local units of government may set emission
regulations with respect to stationary sources which are more stringent than those set
by the Pollution Control Agency.

Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind
rules and standards having the force of law relating to any purpose within the provisions of
this chapter for generators of hazardous waste, the management, identification, labeling,
classification, storage, collection, treatment, transportation, processing, and disposal
of hazardous waste and the location of hazardous waste facilities. A rule or standard
may be of general application throughout the state or may be limited as to time, places,
circumstances, or conditions. In implementing its hazardous waste rules, the Pollution
Control Agency shall give high priority to providing planning and technical assistance
to hazardous waste generators. The agency shall assist generators in investigating the
availability and feasibility of both interim and long-term hazardous waste management
methods. The methods shall include waste reduction, waste separation, waste processing,
resource recovery, and temporary storage.

The Pollution Control Agency shall give highest priority in the consideration of
permits to authorize disposal of diseased shade trees by open burning at designated sites to
evidence concerning economic costs of transportation and disposal of diseased shade trees
by alternative methods.

new text begin EFFECTIVE DATE. new text end

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

Sec. 62.

Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read:


Subd. 4h.

Financial responsibility rules.

(a) The agency shall adopt rules requiring
the operator or owner of a solid waste disposal facility to submit to the agency proof
of the operator's or owner's financial capability to provide reasonable and necessary
response during the operating life of the facility and for 30 years after closure for a mixed
municipal solid waste disposal facility or for a minimum of 20 years after closure, as
determined by agency rules, for any other solid waste disposal facility, and to provide for
the closure of the facility and postclosure care required under agency rules. Proof of
financial responsibility is required of the operator or owner of a facility receiving an
original permit or a permit for expansion after adoption of the rules. Within 180 days of
the effective date of the rules or by July 1, 1987, whichever is later, proof of financial
responsibility is required of an operator or owner of a facility with a remaining capacity of
more than five years or 500,000 cubic yards that is in operation at the time the rules are
adopted. Compliance with the rules and the requirements of paragraph (b) is a condition
of obtaining or retaining a permit to operate the facility.

(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary
district, that owns or operates a solid waste disposal facility that was in operation on May
15, 1989, may meet its financial responsibility for all or a portion of the contingency
action portion of the reasonable and necessary response costs at the facility by pledging its
full faith and credit to meet its responsibility.

The pledge must be made in accordance with the requirements in chapter 475 for
issuing bonds of the municipality, and the following additional requirements:

(1) The governing body of the municipality shall enact an ordinance that clearly
accepts responsibility for the costs of contingency action at the facility and that reserves,
during the operating life of the facility and for the time period required in paragraph (a)
after closure, a portion of the debt limit of the municipality, as established under section
475.53 or other law, that is equal to the total contingency action costs.

(2) The municipality shall require that all collectors that haul to the facility
implement a plan for reducing solid waste by using volume-based pricing, recycling
incentives, or other means.

(3) When a municipality opts to meet a portion of its financial responsibility by
relying on its authority to issue bonds, it shall also begin setting aside in a dedicated
long-term care trust fund money that will cover a portion of the potential contingency
action costs at the facility, the amount to be determined by the agency for each facility
based on at least the amount of waste deposited in the disposal facility each year, and the
likelihood and potential timing of conditions arising at the facility that will necessitate
response action. The agency may not require a municipality to set aside more than five
percent of the total cost in a single year.

(4) A municipality shall have and consistently maintain an investment grade bond
rating as a condition of using bonding authority to meet financial responsibility under
this section.

(5) The municipality shall file with the commissioner of revenue its consent to have
the amount of its contingency action costs deducted from state aid payments otherwise
due the municipality and paid instead to the remediation fund created in section 116.155,
if the municipality fails to conduct the contingency action at the facility when ordered
by the agency. If the agency notifies the commissioner that the municipality has failed to
conduct contingency action when ordered by the agency, the commissioner shall deduct
the amounts indicated by the agency from the state aids in accordance with the consent
filed with the commissioner.

(6) The municipality shall file with the agency written proof that it has complied
with the requirements of paragraph (b).

(c) The method for proving financial responsibility under paragraph (b) may not be
applied to a new solid waste disposal facility or to expansion of an existing facility, unless
the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities
cannot be permitted for a duration of longer than three years.

new text begin (d) The commissioner shall consult with the commissioner of management and
budget for guidance on the forms of financial assurance that are acceptable for private
owners and public owners, and in carrying out a periodic review of the adequacy of
financial assurance for solid waste disposal facilities. Financial assurance rules shall
allow financial mechanisms to public owners of solid waste disposal facilities that are
appropriate to their status as subdivisions of the state.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 63.

Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read:


Subd. 2a.

When prepared.

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

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under
this section.

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet in a manner to be determined by
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30 day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15 day period by not more than 15
additional days upon the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 25
individuals, submitted before the proposed project has received final approval by the
appropriate governmental units, demonstrates that, because of the nature or location of a
proposed action, there may be potential for significant environmental effects. Petitions
requesting the preparation of an environmental assessment worksheet shall be submitted to
the board. The chair of the board shall determine the appropriate responsible governmental
unit and forward the petition to it. A decision on the need for an environmental assessment
worksheet shall be made by the responsible governmental unit within 15 days after the
petition is received by the responsible governmental unit. The board's chair may extend
the 15 day period by not more than 15 additional days upon request of the responsible
governmental unit.

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

(1) the proposed action is:

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

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

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

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

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

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

(g)new text begin The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting.
new text end Whenever practical,
information needed by a governmental unit for making final decisions on permits or
other actions required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.

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

Sec. 64.

Minnesota Statutes 2008, section 116D.04, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin Customized environmental assessment worksheet forms; electronic
submission.
new text end

new text begin (a) The commissioners of natural resources and the Pollution Control
Agency and the board shall periodically review mandatory environmental assessment
worksheet categories under rules adopted under this section, and other project types that
are frequently subject to environmental review, and develop customized environmental
assessment worksheet forms for the category or project type. The forms must include
specific questions that focus on key environmental issues for the category or project type.
In assessing categories and project types and developing forms, the board shall seek
the input of governmental units that are frequently responsible for the preparation of a
worksheet for the particular category or project type. The commissioners and the board
shall also seek input from the general public on the development of customized forms.
The commissioners and board shall make the customized forms available online.
new text end

new text begin (b) The commissioners of natural resources and the Pollution Control Agency shall
allow for the electronic submission of environmental assessment worksheets and permits.
new text end

Sec. 65.

Minnesota Statutes 2008, section 290.431, is amended to read:


290.431 NONGAME WILDLIFE CHECKOFF.

Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into
the nongame wildlife management account. The sum of the amounts so designated to
be paid shall be credited to the nongame wildlife management account for use by the
nongame program deleted text beginof the section of wildlifedeleted text end in the Department of Natural Resources. All
interest earned on money accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife management account shall be
credited to the account by the commissioner of management and budget, except that
gifts or contributions received directly by the commissioner of natural resources and
directed by the contributor for use in specific nongame field projects or geographic
areas shall be handled according to section 84.085, subdivision 1. The commissioner
of natural resources shall submit a work program for each fiscal year and semiannual
progress reports to the Legislative-Citizen Commission on Minnesota Resources in the
form determined by the commission. deleted text beginNone of the money provided in this section may be
expended unless the commission has approved the work program.
deleted text end

The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife.new text begin The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.
new text end

Sec. 66.

Minnesota Statutes 2008, section 290.432, is amended to read:


290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.

A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise be
payable by or to that corporation and paid into the nongame wildlife management account
established by section 290.431 for use by deleted text beginthe section of wildlife indeleted text end the Department of
Natural Resources for its nongame wildlife program. The commissioner of revenue shall,
on the corporate tax return, notify filers of their right to designate that a portion of their
tax return be paid into the nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money accrued, gifts to the program,
contributions to the program, and reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the commissioner of management
and budget, except that gifts or contributions received directly by the commissioner of
natural resources and directed by the contributor for use in specific nongame field projects
or geographic areas shall be handled according to section 84.085, subdivision 1. The
commissioner of natural resources shall submit a work program for each fiscal year to
the Legislative-Citizen Commission on Minnesota Resources in the form determined by
the commission. deleted text beginNone of the money provided in this section may be spent unless the
commission has approved the work program.
deleted text end

The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.

Sec. 67.

Minnesota Statutes 2009 Supplement, section 357.021, subdivision 7, is
amended to read:


Subd. 7.

Disbursement of surcharges by commissioner of management and
budget.

(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:

(1) new text beginbeginning July 1, 2010, new text endone percent shall be credited to the new text beginpeace officer training
account in the
new text endgame and fish fund new text beginand appropriated to the commissioner of natural
resources
new text endto provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

Sec. 68. new text beginDEPARTMENT OF NATURAL RESOURCES LONG-RANGE
BUDGET ANALYSIS.
new text end

new text begin (a) The commissioner of natural resources, in consultation with the commissioner
of management and budget, shall estimate the total amount of funding available from all
sources for each of the following land management categories: wildlife management
areas; state forests; scientific and natural areas; aquatic management areas; public water
access sites; and prairie bank easements. The commissioner of natural resources shall
prepare a ten-year budget analysis of the department's ongoing land management needs,
including restoration of each parcel needing restoration. The analysis shall include:
new text end

new text begin (1) an analysis of the needs of wildlife management areas, including identification of
internal systemwide guidelines on the proper frequency for activities such as controlled
burns, tree and woody biomass removal, and brushland management;
new text end

new text begin (2) an analysis of state forest needs, including identification of internal systemwide
guidelines on the proper frequency for forest management activities;
new text end

new text begin (3) an analysis of scientific and natural area needs, including identification of
internal systemwide guidelines on the proper frequency for management activities;
new text end

new text begin (4) an analysis of aquatic management area needs, including identification of internal
systemwide guidelines on the proper frequency for management activities; and
new text end

new text begin (5) an analysis of the needs of the state's public water access sites, including
identification of internal systemwide guidelines on the proper frequency for management
activities.
new text end

new text begin (b) The commissioner shall compare the estimate of the total amount of funding
available to the department's ongoing management needs to determine:
new text end

new text begin (1) the amount necessary to manage, restore, and maintain existing wildlife
management areas, state forests, scientific and natural areas, aquatic management areas,
public water access sites, and prairie bank easements; and
new text end

new text begin (2) the amount necessary to expand upon the existing wildlife management areas,
state forests, scientific and natural areas, aquatic management areas, public water access
sites, and prairie bank easement programs, including the feasibility of the department's
existing long-range plans, if applicable, for each program.
new text end

new text begin (c) The commissioner of natural resources shall submit the analysis to the chairs of
the house of representatives and senate committees with jurisdiction over environment
and natural resources finance and cultural and outdoor resources finance by November
15, 2010.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 69. new text beginSCHOOL TRUST LANDS STUDY.
new text end

new text begin By July 15, 2010, the commissioner of natural resources shall provide to the chairs
of the house of representatives and the senate committees and divisions with primary
jurisdiction over natural resources finance and education finance information necessary
to evaluate the effectiveness of the commissioner in managing school trust lands to
successfully meet the goals contained in Minnesota Statutes, section 127A.31. The
information to be provided shall include, but is not limited to:
new text end

new text begin (1) an accurate description of the school trust lands and their land classification;
new text end

new text begin (2) policies and procedures in place designed to meet the requirements of the
fiduciary responsibility of the commissioner in management of the school trust lands; and
new text end

new text begin (3) financial information identifying the current revenues from the land
classifications and the potential for future maximization of those revenues.
new text end

Sec. 70. new text beginCOMPENSATION FOR PUBLIC ACCESS TO SCHOOL TRUST
LAND.
new text end

new text begin By January 15, 2011, the commissioner of natural resources shall provide
recommendations to the chairs of the house of representatives and the senate committees
and divisions with primary jurisdiction over natural resources finance and education
finance on a funding mechanism for compensating the permanent school trust fund for
the public use of school trust lands for outdoor recreation.
new text end

Sec. 71. new text beginCOON RAPIDS DAM COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) The Coon Rapids Dam Commission is
established to perform the duties specified in subdivision 2.
new text end

new text begin (b) The commission consists of 14 voting members and three nonvoting members
as follows:
new text end

new text begin (1) two members of the house of representatives, appointed by the speaker of the
house;
new text end

new text begin (2) one member of the senate appointed by the president of the senate;
new text end

new text begin (3) the commissioner of natural resources or the commissioner's designee;
new text end

new text begin (4) the commissioner of energy or the commissioner's designee;
new text end

new text begin (5) two representatives of Three Rivers Park District, appointed by the Three Rivers
Park District Board of Commissioners;
new text end

new text begin (6) one representative each from the counties of Anoka and Hennepin, appointed
by the respective county boards;
new text end

new text begin (7) one representative each from the cities of Anoka, Brooklyn Park, Champlin, and
Coon Rapids, appointed by the respective mayors;
new text end

new text begin (8) one representative from the Metropolitan Council, appointed by the council chair;
new text end

new text begin (9) one representative of the Mississippi National River and Recreation Area,
appointed by the superintendent of the Mississippi National River and Recreation Area,
who shall serve as a nonvoting member;
new text end

new text begin (10) one representative of the United States Army Corps of Engineers, appointed
by the commander of the St. Paul District, United States Army Corps of Engineers, who
shall serve as a nonvoting member; and
new text end

new text begin (11) one representative from the United States Fish and Wildlife Service, appointed
by the regional director of the United States Fish and Wildlife Service, who shall serve
as a nonvoting member.
new text end

new text begin (c) The commission shall elect a chair from among its members.
new text end

new text begin (d) Members of the commission shall serve a term of one year and may be
reappointed for any successive number of terms.
new text end

new text begin (e) The Three Rivers Park District shall provide the commission with office space
and staff and administrative services.
new text end

new text begin (f) Commission members shall serve without compensation.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The commission shall study options and make recommendations
for the future of the Coon Rapids Dam, including its suitable public uses, governance,
operation, and maintenance and financing of the dam and its operations. The commission
shall consider economic, environmental, ecological, and other pertinent factors. The
commission shall, by March 1, 2011, develop and present to the legislature and the
governor an analysis and recommendations for the Coon Rapids Dam. The commission
shall present its findings to the house of representatives and senate committees and
divisions having jurisdiction over natural resources and energy policy.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin This section expires upon presentation of the commission's
analysis and recommendations according to subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 72. new text beginSOLID WASTE FACILITY FINANCIAL ASSURANCE
MECHANISMS; INPUT.
new text end

new text begin Within six months after the effective date of this section, and before publishing
the rules required for groundwater sensitivity and financial assurance in Minnesota
Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with
experts and interested persons on financial assurance adequacy for solid waste facilities,
including, but not limited to, staff from the Department of Natural Resources, Minnesota
Management and Budget, local governments, private and public landfill operators, and
environmental groups. The commissioner shall seek the input to determine the adequacy
of existing financial assurance rules to address environmental risks, the length of time
financial assurance is needed based on the threat to human health and the environment,
the reliability of financial assurance in covering risks from land disposal of waste in
Minnesota and other states, and the role of private insurance.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 73. new text beginSUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
ADOPTION DELAY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county has ten
months from the date final rule amendments to the February 4, 2008, subsurface sewage
treatment system rules are adopted by the Pollution Control Agency to adopt an ordinance
to comply with the rules. A county must continue to enforce its current ordinance until a
new ordinance has been adopted.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 74. new text beginHAZARDOUS WASTE INCINERATION FACILITY MORATORIUM.
new text end

new text begin Until March 1, 2011, the commissioner of the Pollution Control Agency shall not
issue a permit for a hazardous waste incineration facility that accepts hazardous waste
for incineration within Minnesota from generators other than the owner and operator
of the facility, unless the hazardous wastes accepted are small quantities of hazardous
wastes from a public body on an emergency basis at no cost to the public body and if the
commissioner approves the acceptance from the public body.
new text end

Sec. 75. new text beginAPPROPRIATIONS.
new text end

new text begin (a) $60,000 is appropriated in fiscal year 2011 from the water recreation account in
the natural resources fund to the commissioner of natural resources to cooperate with local
units of government in marking state water trails under Minnesota Statutes, section 85.32;
acquiring and developing river accesses and campsites; and removing obstructions that
may cause public safety hazards. This is a onetime appropriation and available until spent.
new text end

new text begin (b) $250,000 in fiscal year 2011 is appropriated from the game and fish fund to the
commissioner of natural resources to maintain and expand the ecological classification
system program on state forest lands.
new text end

Sec. 76. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "horse trail pass" to "horse pass"
wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end

new text begin (b) The revisor of statutes shall change the term "canoe and boating routes" or
similar term to "water trail routes" or similar term wherever it appears in Minnesota
Statutes and Minnesota Rules.
new text end

new text begin (c) The revisor of statutes shall change the term "Minnesota Conservation Corps"
to "Conservation Corps Minnesota" wherever it appears in Minnesota Statutes and
Minnesota Rules.
new text end

Sec. 77. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2008, sections 90.172; 103G.295; and 103G.650, new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Statutes 2009 Supplement, section 88.795, new text end new text begin is repealed.
new text end