Minnesota Legislature
HF 4021
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:39pm
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 1st Committee Engrossment
1.2relating to environment and natural resources; appropriating money for
1.3environment and natural resources; modifying certain fees; providing a
1.4uniform expiration date for snowmobile registrations and trail stickers;
1.5extending effective period of temporary permits for snowmobiles, off-highway
1.6motorcycles, all-terrain vehicles, and watercraft; modifying temporary permit
1.7information requirements for snowmobiles; modifying monument designation
1.8authority; modifying state park names; modifying state park permit requirements;
1.9modifying requirements for youth operation of all-terrain vehicles; modifying
1.10campfire provisions; modifying requirements for alternative recording for
1.11state forest roads; modifying public water access site acquisition authority;
1.12modifying certain report and assessment requirements; making technical
1.13corrections; establishing a mining administration account; establishing mining
1.14permit administration fees; requiring conservation rate structures; prohibiting
1.15siting of solid waste disposal facilities in certain areas; requiring rulemaking;
1.16amending Minnesota Statutes 2006, sections 17.4988, subdivisions 2, 3;
1.1784.788, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.922,
1.18subdivision 2; 84.9256, subdivision 1; 85.011; 85.012, subdivisions 28, 49a;
1.1985.013, subdivision 1; 85.054, subdivision 3, by adding a subdivision; 86B.401,
1.20subdivision 2; 88.15, subdivision 2; 89.715; 93.481, by adding a subdivision;
1.2197A.055, subdivision 4b; 97A.141, subdivision 1; 103A.204; 103A.43;
1.22103B.151, subdivision 1; 103G.291, by adding a subdivision; 103G.615,
1.23subdivision 2; 473.1565, subdivision 3; Minnesota Statutes 2007 Supplement,
1.24sections 84.8205, subdivision 1; 103G.291, subdivision 3; Laws 2007, chapter
1.2557, article 1, section 4, subdivisions 3, 4, 6; proposing coding for new law in
1.26Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2006, sections
1.2784.961, subdivision 4; 85.013, subdivision 21b; 97A.141, subdivision 2; Laws
1.281989, chapter 335, article 1, section 21, subdivision 8, as amended.
1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1 The sums shown in the columns marked "Appropriations" are added to or, if shown
2.2in parentheses, subtracted from the appropriations in Laws 2007, chapter 57, article 1, to
2.3the agencies and for the purposes specified in this article. The appropriations are from the
2.4general fund, or another named fund, and are available for the fiscal years indicated for
2.5each purpose. The figures "2008" and "2009" used in this article mean that the addition
2.6to or subtraction from the appropriation listed under them is available for the fiscal year
2.7ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
2.8reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
2.9day following final enactment.
2.24$623,000 is a reduction in fiscal year 2009.
2.25The commissioner shall make the reduction
2.26to administrative activities in such a way to
2.27minimize the effect to program operations.
2.28$134,000 in fiscal year 2009 is appropriated
2.29from the environmental fund for the
2.30development and adoption of rules to
2.31regulate emission standards of motor
2.32vehicles sold in this state as authorized under
2.33the federal Clean Air Act, United States
2.34Code, title 42, section 7507. The base for
2.35fiscal year 2010 is $114,000.
3.1$20,000 in fiscal year 2009 is appropriated
3.2from the general fund for the following
3.3purposes:
3.4(1) the development of recommendations
3.5for establishing a comprehensive product
3.6stewardship approach to reducing
3.7environmental and health risks posed by
3.8the use or disposal of products. These
3.9recommendations shall be submitted to
3.10the chairs and ranking minority members
3.11of the senate and house committees with
3.12jurisdiction over environmental policy
3.13and environmental finance by January
3.1415, 2009. The recommendations shall
3.15include, at a minimum: a set of criteria to
3.16be used to evaluate products proposed for
3.17product stewardship solutions; a process for
3.18designating products for product stewardship
3.19solutions and the role the legislature would
3.20play in that process; typical components
3.21of product stewardship plans; options to
3.22facilitate the creation of industry-managed
3.23stewardship management organizations;
3.24methods to identify and monitor progress
3.25toward stewardship performance goals for
3.26specific products; and strategies to implement
3.27the use of standards, certifications, and
3.28eco-labels to promote environmentally
3.29preferable products. To the extent possible,
3.30the recommendations must be consistent
3.31with existing product stewardship programs
3.32in North America. In developing the
3.33recommendations, the commissioner must
3.34consult with manufacturers, retailers,
3.35recyclers, environmental advocacy
4.1organizations, local units of government, and
4.2other interested parties;
4.3(2) a report to be submitted by December
4.41, 2008, to the chairs and ranking minority
4.5members of the senate and house committees
4.6with primary jurisdiction over solid waste
4.7policy, analyzing the availability of collection
4.8and processing capacity in the seven-county
4.9metropolitan area for the recycling of
4.10construction and demolition waste. The
4.11report must recommend a percentage of the
4.12total weight of construction and demolition
4.13waste generated in the seven-county
4.14metropolitan area that represents an
4.15achievable but aggressive recycling goal that
4.16can be reached in 2012 and must include an
4.17analysis of the economic and environmental
4.18costs and benefits of reaching that goal; and
4.19(3) a report to be submitted by January 1,
4.202009, to the chairs and ranking minority
4.21members of the senate and house committees
4.22with primary jurisdiction over solid waste
4.23policy, that recommends options for
4.24achieving the following goals by 2020: an
4.25increase in county recycling rates to 60
4.26percent of the weight of total solid waste
4.27generation; and the diversion, prior to
4.28delivery to landfills and waste-to-energy
4.29plants, and recycling and reuse of an amount
4.30of source-separated compostable materials
4.31equal to 15 percent of total solid waste
4.32generation. The commissioner must obtain
4.33input from counties inside and outside the
4.34seven-county metropolitan area, recycling
4.35and composting facilities, waste haulers,
4.36environmental organizations, and other
5.1interested parties in preparing the report.
5.2The report must also contain estimates of
5.3the economic costs of implementing the
5.4strategies.
5.5$750,000 of the appropriation under Laws
5.62007, chapter 57, article 1, section 3, from
5.7the environmental fund in fiscal year 2009
5.8for regulatory services to the ethanol and
5.9mining industries is contingent upon the
5.10agency recovering in fees $750,000 for these
5.11services by January 1, 2009.
5.18The amounts reduced from the appropriations
5.19in Laws 2007, chapter 57, article 1, section 4,
5.20are specified in the following subdivisions.
5.22$425,000 in fiscal year 2009 is a reduction in
5.23the lands and minerals budget. This is a base
5.24reduction.
5.25$124,000 of this reduction is from the
5.26appropriation for iron ore cooperative
5.27agreements.
5.28$200,000 in fiscal year 2009 is appropriated
5.29from the natural resources fund for the
5.30administration and monitoring of permits
5.31to mine ferrous metals under Minnesota
5.32Statutes, section 93.481. By January 15,
5.332009, the commissioner shall report to the
5.34legislature and the chairs of the senate and
6.1house committees with jurisdiction over
6.2environment and natural resources finance
6.3on the establishment of a permit to mine
6.4application fee schedule that is based on
6.5the actual costs of issuing and monitoring
6.6individual permits and any necessary
6.7legislation needed to cover the costs of
6.8issuing and monitoring the permits for the
6.9next biennium.
6.11$38,000 is a reduction in fiscal year 2009
6.12attributable to the modification of reporting
6.13requirements under Minnesota Statutes,
6.14section 103A.43.
6.16$53,000 in fiscal year 2009 is for a grant to the
6.17Forest Resources Council to conduct a study
6.18of options and make recommendations to the
6.19legislature for addressing the fragmentation
6.20and parcelization of large blocks of private
6.21forest land in the state. This is a onetime
6.22appropriation.
6.23$197,000 in fiscal year 2009 is for a grant
6.24to the University of Minnesota for the
6.25Interagency Information Cooperative to
6.26develop a common forest inventory format
6.27describing key attributes of Minnesota's
6.28public forest land base, growth models for
6.29managed forest stands, a forest wildlife
6.30habitat model format, and an information
6.31database on the state's family forest
6.32ownership.
7.1$220,000 is a reduction in fiscal year 2009 in
7.2the parks and recreation management budget.
7.3Beginning in 2009, $220,000 each year is
7.4from the state park account in the natural
7.5resources fund to fund state park operations,
7.6maintenance, resource management,
7.7educational services, and associated support
7.8costs.
7.10Beginning in 2009, $300,000 each year is
7.11from the all-terrain vehicle account in the
7.12natural resources fund for monitoring and
7.13maintenance of newly designated trails.
7.15$427,000 is a reduction in fiscal year 2009 in
7.16the fish and wildlife program. The base for
7.17this appropriation in fiscal years 2010 and
7.182011 is reduced by $539,000 each year.
7.19$200,000 is a reduction in fiscal year 2009
7.20from the appropriation for prairie wetland
7.21complexes. $200,000 is appropriated from
7.22the game and fish fund in fiscal year 2009 for
7.23prairie wetland complexes.
7.24$123,000 in fiscal year 2008 and $246,000
7.25each year thereafter is from the game and fish
7.26fund to implement fish virus surveillance,
7.27prepare infrastructure to handle possible
7.28outbreaks, and implement control procedures
7.29for highest risk waters and fish production
7.30operations.
7.31$21,000 in fiscal year 2009 is from the game
7.32and fish fund and is added to the base for the
7.33aquatic farm permitting program.
8.1$300,000 in fiscal year 2009 is from the
8.2game and fish fund to study, predesign,
8.3and design shooting sports facilities at the
8.4Vermillion Highlands Wildlife Management
8.5Area authorized by Laws 2007, chapter 57,
8.6article 1, section 168.
8.8$230,000 in fiscal year 2009 is a reduction
8.9from the appropriation for impaired waters.
8.10The project wild program base is reduced for
8.11fiscal years 2010 and 2011 by $20,000.
8.12By June 30, 2008, $594,000 shall be
8.13transferred from the water recreation account
8.14in the natural resources fund to the invasive
8.15species account in the natural resources fund
8.16for invasive species-related expenses.
8.18$160,000 is a reduction in fiscal year 2009 in
8.19the enforcement budget.
8.21$600,000 is a reduction to the department's
8.22administration costs in fiscal year 2009. The
8.23commissioner shall make these reductions
8.24throughout the agency through reduction
8.25in travel, administrative costs, and vacancy
8.26management.
8.29$550,000 is a reduction in fiscal year 2009
8.30from the appropriation for cost-sharing
8.31contracts to establish native buffers.
9.1$100,000 is a reduction in fiscal year
9.22009 from the appropriation for county
9.3cooperative weed management programs.
9.4$68,000 is a reduction in fiscal year 2009
9.5from the appropriation for the drainage
9.6assistance program.
9.7$100,000 is a reduction in fiscal year 2009
9.8from the appropriation for grants to basin
9.9management organizations.
9.10$450,000 in fiscal year 2009 is for
9.11implementing rehabilitation, erosion, and
9.12sediment control projects in the area included
9.13in DR-1717. Up to 20 percent of this
9.14appropriation may be used by the board to
9.15implement the program. The appropriation is
9.16available until expended. The base for 2010
9.17is $275,000. The base for 2011 is $0.
9.18$50,000 in fiscal year 2009 is for the star lake
9.19and river program. The base for fiscal year
9.202010 is $100,000.
9.22$162,000 in fiscal year 2009 is reduced
9.23from money appropriated from the general
9.24fund for metropolitan area regional parks
9.25maintenance and operations under Laws
9.262007, chapter 57, article 1, section 6. The
9.27base for fiscal years 2010 and 2011 is reduced
9.28by $162,000 each year.
9.29$162,000 in fiscal year 2009 is appropriated
9.30from the natural resources fund for
9.31metropolitan area regional parks maintenance
9.32and operations. This appropriation is from
9.33the revenue deposited in the natural resources
10.1fund under Minnesota Statutes, section
10.2297A.94, paragraph (e), clause (3).
10.3 Sec. 6. Laws 2007, chapter 57, article 1, section 4, subdivision 3, is amended to read:
10.8$310,000 the first year and $310,000
10.9$280,000 the second year are for grants
10.10associated with the implementation of the
10.11Red River mediation agreement.
10.12$65,000 the first yearand $65,000 the second
10.13year are is for a grant to the Mississippi
10.14Headwaters Board for up to 50 percent of
10.15the cost of implementing the comprehensive
10.16plan for the upper Mississippi within areas
10.17under its jurisdiction. This is a onetime
10.18appropriation.
10.19$5,000 the first year and $5,000 the second
10.20year are for payment to the Leech Lake Band
10.21of Chippewa Indians to implement its portion
10.22of the comprehensive plan for the upper
10.23Mississippi.
10.24$200,000 the first year and$200,000
10.25$178,000 the second year are for the
10.26construction of ring dikes under Minnesota
10.27Statutes, section103F.161 . The ring dikes
10.28may be publicly or privately owned. If the
10.29appropriation in either year is insufficient, the
10.30appropriation in the other year is available
10.31for it. The base appropriation for fiscal year
10.322010 and later is$125,000 $105,000.
10.33$2,250,000 $2,152,000 the first year is
10.34to support the identification of impaired
11.1waters and develop plans to address those
11.2impairments, as required by the federal Clean
11.3Water Act, in accordance with Minnesota
11.4Statutes, chapter 114D. This is a onetime
11.5appropriation.
11.6By January 15, 2008, the commissioner shall
11.7commence rulemaking under Minnesota
11.8Statutes, chapter 14, to update the minimum
11.9shoreland standards in Minnesota Rules,
11.10chapter 6120.
11.11$60,000 the first year is a onetime
11.12appropriation to the commissioner of natural
11.13resources to conduct a feasibility study
11.14in conjunction with U.S. Army Corps of
11.15Engineers on the foundation and hydraulics
11.16of the Rapidan Dam in Blue Earth County.
11.17This appropriation must be equally matched
11.18by Blue Earth County, and is available until
11.19expended.
11.20$500,000 in fiscal year 2008 is for addressing
11.21surface and groundwater issues related to
11.22the development and expansion of ethanol
11.23production.
11.24 Sec. 7. Laws 2007, chapter 57, article 1, section 4, subdivision 4, is amended to read:
11.30$7,217,000 the first year and $7,217,000
11.31the second year are for prevention,
11.32presuppression, and suppression costs of
11.33emergency firefighting and other costs
11.34incurred under Minnesota Statutes, section
12.188.12
. If the appropriation for either
12.2year is insufficient to cover all costs of
12.3presuppression and suppression, the amount
12.4necessary to pay for these costs during the
12.5biennium is appropriated from the general
12.6fund.
12.7By November 15 of each year, the
12.8commissioner of natural resources shall
12.9submit a report to the chairs of the house
12.10and senate committees and divisions having
12.11jurisdiction over environment and natural
12.12resources finance, identifying all firefighting
12.13costs incurred and reimbursements received
12.14in the prior fiscal year. These appropriations
12.15may not be transferred. Any reimbursement
12.16of firefighting expenditures made to the
12.17commissioner from any source other than
12.18federal mobilizations shall be deposited into
12.19the general fund.
12.20$17,983,000 the first year and $18,293,000
12.21the second year are from the forest
12.22management investment account in the
12.23natural resources fund for only the purposes
12.24specified in Minnesota Statutes, section
12.2589.039
, subdivision 2.
12.26Of this amount:
12.27(1) $750,000 each year is for additional staff
12.28to enhance timber sales;
12.29(2) $1,000,000 each year is for forest
12.30improvements;
12.31(3) $1,100,000 each year is for forest road
12.32maintenance;
12.33(4) $600,000 each year is for the ecological
12.34classification system on state forest lands;
13.1(5) $350,000 each year is for the prevention
13.2of invasive species on state forest lands; and
13.3(6) $400,000 each year is for the re-inventory
13.4of state forest lands.
13.5Money for forest road maintenance is
13.6onetime.
13.7$780,000 the first year and $780,000 the
13.8second year are for the Forest Resources
13.9Council for implementation of the
13.10Sustainable Forest Resources Act.
13.11$40,000 the first year is for the Forest
13.12Resources Council to provide a grant to
13.13the University of Minnesota to prepare a
13.14statewide plan to address the fragmentation
13.15and parcelization of large blocks of forest
13.16land in the state.
13.17$200,000 in fiscal year 2008 is for a grant
13.18to the Forest Resources Research Advisory
13.19Committee to provide direction on research
13.20topics recommended by the governor's task
13.21force on the competitiveness of Minnesota's
13.22primary forest products industry.
13.23$350,000 the first year and $350,000 the
13.24second year are for the FORIST timber
13.25management information system, other
13.26information systems, and for increased
13.27forestry management. The amount in the
13.28second year is also available in the first year.
13.29$257,000 the first year and $264,000 the
13.30second year are from the game and fish
13.31fund to implement ecological classification
13.32systems (ECS) standards on forested
13.33landscapes. This appropriation is from
13.34revenue deposited in the game and fish fund
14.1under Minnesota Statutes, section297A.94 ,
14.2paragraph (e), clause (1).
14.3$110,000 the first year is to develop and
14.4implement a statewide information and
14.5education campaign regarding the statewide
14.6ban on the transport, storage, or use of
14.7nonapproved firewood on state-administered
14.8lands.
14.9$1,500,000 the first year is from the forest
14.10management investment account in the
14.11natural resources fund for the purposes of
14.12section 158. This is a onetime appropriation.
14.13$75,000 the first year is to the Forest
14.14Resources Council for a task force on
14.15forest protection and $75,000 the second
14.16year is appropriated to the commissioner
14.17for grants to cities, counties, townships,
14.18special recreation areas, and park and
14.19recreation boards in cities of the first class
14.20for the identification, removal, disposal, and
14.21replacement of dead or dying shade trees
14.22lost to forest pests or disease. For purposes
14.23of this section, "shade tree" means a woody
14.24perennial grown primarily for aesthetic or
14.25environmental purposes with minimal to
14.26residual timber value. The commissioner
14.27shall consult with municipalities; park and
14.28recreation boards in cities of the first class;
14.29nonprofit organizations; and other interested
14.30parties in developing eligibility criteria. *
14.31(The preceding text beginning "$75,000 the
14.32first year" was indicated as vetoed by the
14.33governor.)
14.34$200,000 in fiscal year 2008 is for a grant
14.35to the Natural Resources Research Institute
15.1for silvicultural research to improve the
15.2quality and quantity of timber fiber. The
15.3appropriation must be matched in the amount
15.4of $200,000 in cash or in-kind contributions
15.5from the forest products industry members of
15.6the Minnesota Forest Productivity Research
15.7Cooperative.
15.8$1,000,000 the first year and $1,000,000
15.9the second year are to support additional
15.10technical and cost-share assistance to
15.11nonindustrial private forest (NIPF)
15.12landowners forest management activities.
15.13The base appropriation in fiscal year 2010
15.14and later is $500,000.
15.15$200,000 the first year and $200,000 the
15.16second year are toaddress escalating
15.17land asset management demands, such as
15.18boundary disputes, access easements, and
15.19sale, exchange, and acquisition of forest
15.20lands support additional forest management
15.21activities.
15.22 Sec. 8. Laws 2007, chapter 57, article 1, section 4, subdivision 6, is amended to read:
15.28$8,424,000 the first year and $8,424,000
15.29the second year are from the snowmobile
15.30trails and enforcement account in the natural
15.31resources fund for snowmobile grants-in-aid.
15.32The additional money under this item may
15.33be used for new grant-in-aid trails. Any
15.34unencumbered balance does not cancel at the
16.1end of the first year and is available for the
16.2second year.
16.3$1,175,000 the first year and $1,325,000 the
16.4second year are from the natural resources
16.5fund for off-highway vehicle grants-in-aid.
16.6Of this amount, $825,000 the first year and
16.7$1,075,000 the second year are from the
16.8all-terrain vehicle account; $150,000 each
16.9year is from the off-highway motorcycle
16.10account; and $200,000 the first year and
16.11$100,000 the second year are from the
16.12off-road vehicle account. Any unencumbered
16.13balance does not cancel at the end of the first
16.14year and is available for the second year.
16.15$261,000 the first year and $261,000 the
16.16second year are from the water recreation
16.17account in the natural resources fund for a
16.18safe harbor program on Lake Superior.
16.19$742,000 the first year and $760,000
16.20the second year are from the natural
16.21resources fund for state trail operations
16.22and maintenance. The money may be used
16.23for trail maintenance, signage, mapping,
16.24interpretation, native prairie restoration
16.25using best management practices, and
16.26maintenance of nonmotorized forest trails.
16.27This appropriation is from the revenue
16.28deposited in the natural resources fund
16.29under Minnesota Statutes, section297A.94 ,
16.30paragraph (e), clause (2).
16.31$655,000 the first year and $655,000 the
16.32second year are from the natural resources
16.33fund for trail grants to local units of
16.34government on land to be maintained for
16.35at least 20 years for the purposes of the
17.1grant. This appropriation is from the revenue
17.2deposited in the natural resources fund
17.3under Minnesota Statutes, section297A.94 ,
17.4paragraph (e), clause (4). Any unencumbered
17.5balance does not cancel at the end of the
17.6first year and is available for the second
17.7year. In addition, if a project financed under
17.8this program receives a federal grant award,
17.9the availability of the financing from this
17.10paragraph for that project is extended to
17.11equal the period of the federal grant.
17.12$150,000 the first year and $150,000 the
17.13second year are from the all-terrain vehicle
17.14account for two all-terrain vehicle trail
17.15specialists to assist and consult with on
17.16all-terrain vehicle grant-in-aid education and
17.17training for sustainable trail development and
17.18maintenance, as well as providing training
17.19for public and private sector trail monitoring.
17.20The specialists may assist in the evaluation
17.21of grant-in-aid trail proposals, but not in the
17.22promotion of new trails.
17.23$1,965,000 the first year and $2,040,000
17.24the second year are from the game and fish
17.25fund for expenditures on water access sites
17.26according to the requirements of the federal
17.27sport and fish restoration program.
17.28Money appropriated under Laws 2005, First
17.29Special Session chapter 1, article 2, section
17.3011, subdivision 6, paragraph (h), for the Paul
17.31Bunyan State Trail connection is available
17.32until June 30, 2008.
17.33$400,000 each year is for operation and
17.34maintenance of nonmotorized trails within
17.35state forests. This is a onetime appropriation.
18.1$75,000 each year is for additional wild and
18.2scenic rivers program activities.
18.3$120,000 the first year is from the
18.4water recreation account in the natural
18.5resources fund to cooperate with local
18.6units of government in marking routes and
18.7designating river accesses and campsites
18.8under Minnesota Statutes, section85.32 .
18.9This is a onetime appropriation and available
18.10until spent.
18.11The appropriation in Laws 2005, First
18.12Special Session chapter 1, article 2, section
18.133, subdivision 6, from the lottery in lieu
18.14account in the natural resources fund for
18.15trail grants to local units of government, is
18.16available until June 30, 2009.
18.19 Section 1. Minnesota Statutes 2006, section 17.4988, subdivision 2, is amended to read:
18.20 Subd. 2. Aquatic farming license. (a) The annual fee for an aquatic farming license
18.21is $210 for the base license. The commissioner must establish an additional fee based
18.22on the acreage of the operation.
18.23 (b) The aquatic farming license may contain endorsements for the rights and
18.24privileges of the following licenses under the game and fish laws. The endorsement must
18.25be made upon payment of the license fee prescribed in section97A.475 for the following
18.26licenses:
18.27 (1) minnow dealer license;
18.28 (2) minnow retailer license for sale of minnows as bait;
18.29 (3) minnow exporting license;
18.30 (4) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle
18.31license, a minnow retailer vehicle license, an exporting minnow vehicle license, and a
18.32fish vendor license;
18.33 (5) sucker egg taking license; and
18.34 (6) game fish packers license.
19.1 Sec. 2. Minnesota Statutes 2006, section 17.4988, subdivision 3, is amended to read:
19.2 Subd. 3. Inspection fees.The fees for the following inspections are: The
19.3commissioner may, by written order published in the State Register, establish fees for
19.4the services listed in clauses (1) to (3). The fees must be set in an amount that does not
19.5recover significantly more or less than the cost of providing the service. The fees are not
19.6subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The
19.7services covered under this provision include:
19.8 (1) initial inspection of each water to be licensed, $50;
19.9 (2) fish health inspection and certification,$60 plus $150 per lot thereafter including
19.10initial tissue sample collection, basic fish health assessment, viral pathogen testing, and
19.11bacteriological testing; and
19.12 (3) initial inspection for containment and quarantine facility inspections, $100.
19.13 Sec. 3. Minnesota Statutes 2006, section 84.788, subdivision 3, is amended to read:
19.14 Subd. 3. Application; issuance; reports. (a) Application for registration or
19.15continued registration must be made to the commissioner or an authorized deputy registrar
19.16of motor vehicles in a form prescribed by the commissioner. The form must state the name
19.17and address of every owner of the off-highway motorcycle.
19.18 (b) A person who purchases from a retail dealer an off-highway motorcycle shall
19.19make application for registration to the dealer at the point of sale. The dealer shall issue a
19.20dealer temporaryten-day 21-day registration permit to each purchaser who applies to the
19.21dealer for registration. The dealer shall submit the completed registration applications and
19.22fees to the deputy registrar at least once each week. No fee may be charged by a dealer to
19.23a purchaser for providing the temporary permit.
19.24 (c) Upon receipt of the application and the appropriate fee, the commissioner
19.25or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
19.26registration number or a commissioner or deputy registrar temporaryten-day 21-day
19.27permit. Once issued, the registration number must be affixed to the motorcycle according
19.28to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials
19.29or temporary permit to the purchaser within theten-day 21-day temporary permit period.
19.30 (d) The commissioner shall develop a registration system to register vehicles under
19.31this section. A deputy registrar of motor vehicles acting under section168.33 , is also a
19.32deputy registrar of off-highway motorcycles. The commissioner of natural resources
19.33in agreement with the commissioner of public safety may prescribe the accounting
19.34and procedural requirements necessary to ensure efficient handling of registrations
20.1and registration fees. Deputy registrars shall strictly comply with the accounting and
20.2procedural requirements.
20.3 (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for
20.4each off-highway motorcycle registration renewal, duplicate or replacement registration
20.5card, and replacement decal and a filing fee of $7 is charged for each off-highway
20.6motorcycle registration and registration transfer issued by:
20.7 (1) a deputy registrar and must be deposited in the treasury of the jurisdiction where
20.8the deputy is appointed, or kept if the deputy is not a public official; or
20.9 (2) the commissioner and must be deposited in the state treasury and credited to the
20.10off-highway motorcycle account.
20.11 (f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must
20.12display a registration decal issued by the commissioner. If the motorcycle is licensed as
20.13a motor vehicle, a registration decal must be affixed on the upper left corner of the rear
20.14license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be
20.15attached on the side of the motorcycle and may be attached to the fork tube. The decal
20.16must be attached in a manner so that it is visible while a rider is on the motorcycle. The
20.17issued decals must be of a size to work within the constraints of the electronic licensing
20.18system, not to exceed three inches high and three inches wide.
20.19 (g) Display of a registration decal is not required for an off-highway motorcycle:
20.20 (1) while being operated on private property; or
20.21 (2) while competing in a closed-course competition event.
20.22 Sec. 4. Minnesota Statutes 2006, section 84.82, subdivision 2, is amended to read:
20.23 Subd. 2. Application, issuance, reports, additional fee. (a) Application for
20.24registration or reregistration shall be made to the commissioner or an authorized deputy
20.25registrar of motor vehicles in a format prescribed by the commissioner and shall state the
20.26legal name and address of every owner of the snowmobile.
20.27 (b) A person who purchases a snowmobile from a retail dealer shall make
20.28application for registration to the dealer at the point of sale. The dealer shall issue a dealer
20.29temporaryten-day 21-day registration permit to each purchaser who applies to the dealer
20.30for registration. The temporary permit must contain the dealer's identification number and
20.31phone number. Each retail dealer shall submit completed registration and fees to the
20.32deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for
20.33providing the temporary permit.
20.34 (c) Upon receipt of the application and the appropriate fee as hereinafter provided,
20.35the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
21.1an assigned registration number or a commissioner or deputy registrar temporaryten-day
21.221-day permit. Once issued, the registration number must be affixed to the snowmobile in
21.3a clearly visible and permanent manner for enforcement purposes as the commissioner
21.4of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
21.5registration materials or temporary permit to the purchaser within the temporaryten-day
21.621-day permit period. The registration is not valid unless signed by at least one owner.
21.7The temporary permit must indicate whether a snowmobile state trail sticker under section
21.884.8205 was purchased.
21.9 (d) Each deputy registrar of motor vehicles acting pursuant to section168.33 , shall
21.10also be a deputy registrar of snowmobiles. The commissioner of natural resources in
21.11agreement with the commissioner of public safety may prescribe the accounting and
21.12procedural requirements necessary to assure efficient handling of registrations and
21.13registration fees. Deputy registrars shall strictly comply with these accounting and
21.14procedural requirements.
21.15 (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
21.16 (1) each snowmobile registered by the registrar or a deputy registrar and the
21.17additional fee shall be disposed of in the manner provided in section168.33, subdivision
21.182 ; or
21.19 (2) each snowmobile registered by the commissioner and the additional fee shall
21.20be deposited in the state treasury and credited to the snowmobile trails and enforcement
21.21account in the natural resources fund.
21.22 Sec. 5. Minnesota Statutes 2006, section 84.82, is amended by adding a subdivision to
21.23read:
21.24 Subd. 3a. Expiration. All snowmobile registrations, excluding temporary
21.25registration permits, required under this section expire June 30 of the year of expiration.
21.26 Sec. 6. Minnesota Statutes 2007 Supplement, section 84.8205, subdivision 1, is
21.27amended to read:
21.28 Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a
21.29person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
21.30snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
21.31resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
21.32three-year snowmobile state trail sticker that is purchased at the time of snowmobile
21.33registration is $30. In addition to other penalties prescribed by law, a person in violation
21.34of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
22.1is valid from November 1 throughApril June 30. Fees collected under this section, except
22.2for the issuing fee for licensing agents, shall be deposited in the state treasury and credited
22.3to the snowmobile trails and enforcement account in the natural resources fund and,
22.4except for the electronic licensing system commission established by the commissioner
22.5under section84.027 , subdivision 15, must be used for grants-in-aid, trail maintenance,
22.6grooming, and easement acquisition.
22.7 (b) A state trail sticker is not required under this section for:
22.8 (1) a snowmobile owned by the state or a political subdivision of the state that is
22.9registered under section84.82 , subdivision 5;
22.10 (2) a snowmobile that is owned and used by the United States, another state, or
22.11a political subdivision thereof that is exempt from registration under section84.82 ,
22.12subdivision 6;
22.13 (3) a collector snowmobile that is operated as provided in a special permit issued for
22.14the collector snowmobile under section84.82 , subdivision 7a;
22.15 (4) a person operating a snowmobile only on the portion of a trail that is owned by
22.16the person or the person's spouse, child, or parent; or
22.17 (5) a snowmobile while being used to groom a state or grant-in-aid trail.
22.18 (c) A temporary registration permit issued by a dealer under section 84.82,
22.19subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
22.20included with the registration application fee.
22.21 Sec. 7. Minnesota Statutes 2006, section 84.922, subdivision 2, is amended to read:
22.22 Subd. 2. Application, issuance, reports. (a) Application for registration or
22.23continued registration shall be made to the commissioner or an authorized deputy registrar
22.24of motor vehicles in a form prescribed by the commissioner. The form must state the name
22.25and address of every owner of the vehicle.
22.26 (b) A person who purchases an all-terrain vehicle from a retail dealer shall make
22.27application for registration to the dealer at the point of sale. The dealer shall issue a dealer
22.28temporaryten-day 21-day registration permit to each purchaser who applies to the dealer
22.29for registration. The dealer shall submit the completed registration application and fees
22.30to the deputy registrar at least once each week. No fee may be charged by a dealer to a
22.31purchaser for providing the temporary permit.
22.32 (c) Upon receipt of the application and the appropriate fee, the commissioner
22.33or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
22.34registration number or a commissioner or deputy registrar temporaryten-day 21-day
22.35permit. Once issued, the registration number must be affixed to the vehicle in a manner
23.1prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the
23.2registration materials or temporary permit to the purchaser within theten-day 21-day
23.3temporary permit period. The commissioner shall use the snowmobile registration system
23.4to register vehicles under this section.
23.5 (d) Each deputy registrar of motor vehicles acting under section168.33 , is also
23.6a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
23.7agreement with the commissioner of public safety may prescribe the accounting and
23.8procedural requirements necessary to assure efficient handling of registrations and
23.9registration fees. Deputy registrars shall strictly comply with the accounting and
23.10procedural requirements.
23.11 (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged
23.12for each all-terrain vehicle registration renewal, duplicate or replacement registration
23.13card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle
23.14registration and registration transfer issued by:
23.15 (1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where
23.16the deputy is appointed, or retained if the deputy is not a public official; or
23.17 (2) the commissioner and shall be deposited to the state treasury and credited to the
23.18all-terrain vehicle account in the natural resources fund.
23.19 Sec. 8. Minnesota Statutes 2006, section 84.9256, subdivision 1, is amended to read:
23.20 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on
23.21public road rights-of-way that is permitted under section84.928 , a driver's license issued
23.22by the state or another state is required to operate an all-terrain vehicle along or on a
23.23public road right-of-way.
23.24 (b) A person under 12 years of age shall not:
23.25 (1) make a direct crossing of a public road right-of-way;
23.26 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
23.27 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
23.28paragraph (f).
23.29 (c) Except for public road rights-of-way of interstate highways, a person 12 years
23.30of age but less than 16 years may make a direct crossing of a public road right-of-way
23.31of a trunk, county state-aid, or county highway or operate on public lands and waters or
23.32state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
23.33certificate issued by the commissioner and is accompanied on another all-terrain vehicle
23.34by a person 18 years of age or older who holds a valid driver's license.
24.1 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
24.2old, but less than 16 years old, must:
24.3 (1) successfully complete the safety education and training program under section
24.484.925, subdivision 1
, including a riding component; and
24.5 (2) be able to properly reach and control the handle bars and reach the foot pegs
24.6while sitting upright on the seat of the all-terrain vehicle.
24.7 (e) A person at least 11 years of age may take the safety education and training
24.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
24.9the certificate is not valid until the person reaches age 12.
24.10 (f) A person at least ten years of age but under 12 years of age may operate an
24.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
24.12accompanied by a parent or legal guardian.
24.13 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
24.14 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
24.15lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
24.16control the handle bars and reach the foot pegs while sitting upright on the seat of the
24.17all-terrain vehicle.
24.18 Sec. 9. Minnesota Statutes 2006, section 85.011, is amended to read:
24.1985.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
24.20STATE PARKS,MONUMENTS, STATE RECREATION RESERVES AREAS,
24.21AND WAYSIDES.
24.22 The legislature of this state has provided for the creation and establishment of
24.23state parks, designatedmonuments, state recreation reserves areas, and waysides for the
24.24purpose of conserving the scenery, natural and historic objects and wildlife and to provide
24.25for the enjoyment of the same in such manner and by such means as will leave them
24.26unimpaired for the enjoyment of future generations.
24.27 The establishment of such state parks, designatedmonuments, state recreation
24.28reserves areas, and waysides is hereby confirmed as provided in this section and sections
24.2985.012
and
85.013 and they shall remain perpetually dedicated for the use of the people of
24.30the state for park purposes.
24.31 The enumerated state parks,state monuments, state recreation areas, and state
24.32waysides shall consist of the lands and other property authorized therefor before January
24.331, 1969, together with such other lands and properties as may be authorized therefor on
24.34or after January 1, 1969.
25.1 Sec. 10. Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read:
25.2 Subd. 28. Interstate State Park, Chisago County, which is hereby renamed from
25.3Dalles of Saint Croix State Park.
25.4 Sec. 11. Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read:
25.5 Subd. 49a.St. Croix Wild River State Park, Chisago County.
25.6 Sec. 12. Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read:
25.7 Subdivision 1. Names, acquisition; administration. (a) Designatedmonuments,
25.8recreation reserves, and waysides heretofore established and hereby confirmed as state
25.9monuments, state recreation areas and state waysides together with the counties in which
25.10they are situated are listed in this section and shall hereafter be named as indicated
25.11in this section.
25.12 (b) Any land that now is or hereafter becomes tax-forfeited land and is located
25.13within the described boundaries of a state recreation area as defined by session laws is
25.14hereby withdrawn from sale and is transferred from the custody, control, and supervision
25.15of the county board of the county to the commissioner of natural resources, free from
25.16any trust in favor of the interested taxing districts. The commissioner shall execute a
25.17certificate of acceptance of the lands on behalf of the state for such purposes and transmit
25.18the same to the county auditor of the county for record as provided by law in the case
25.19of tax-forfeited land transferred to the commissioner by resolution of the county board
25.20for conservation purposes.
25.21 Sec. 13. Minnesota Statutes 2006, section 85.054, subdivision 3, is amended to read:
25.22 Subd. 3. Interstate State Park. A Minnesota state park permit is not required at
25.23Interstate State Park if a valid, current, Wisconsin state park permit or sticker authorizing
25.24entry of a motor vehicle into Wisconsin state parks is appropriately displayed on the
25.25vehicle and the commissioner has entered into an agreement with appropriate officials
25.26of the state of Wisconsin that authorizes motor vehicles displaying Minnesota state park
25.27permits free entry into Interstate State Park of Wisconsin on a reciprocal basis.
25.28 Sec. 14. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
25.29to read:
25.30 Subd. 14. Grand Portage State Park. A state park permit is not required and a fee
25.31may not be charged for motor vehicle entry or parking at the Class 1 highway rest area
26.1parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand
26.2Portage State Park.
26.3 Sec. 15. Minnesota Statutes 2006, section 86B.401, subdivision 2, is amended to read:
26.4 Subd. 2. Temporary certificate. A person who applies for a watercraft license may
26.5be issued a temporary license certificate to operate the watercraft. The temporary license
26.6certificate is valid forthe period of time specified by the commissioner 21 days.
26.7 Sec. 16. Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read:
26.8 Subd. 2. Not to be left burning. Every person who starts or maintains a campfire
26.9shall:
26.10 (1) exercise every reasonable precaution to prevent the campfire from spreading
26.11and shall;
26.12 (2) before lighting the campfire, clear the ground of all combustible materialwithin
26.13a radius of five feet from the base of the campfire. The person lighting the campfire shall;
26.14 (3) remain with the campfire at all times; andshall
26.15 (4) before leaving the site, completely extinguish the campfire.
26.16 Sec. 17. Minnesota Statutes 2006, section 89.715, is amended to read:
26.1789.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
26.18 Subdivision 1. Authorization. The commissioner may adopt arecorded state forest
26.19road map under this section to record the department's state forest road prescriptive
26.20easements. For purposes of this section, "recorded state forest road map" means the
26.21official map of state forest roads adopted by the commissioner.
26.22 Subd. 2. Map requirements. Therecorded state forest road map must:
26.23 (1) show state forest roads at the time the map is adopted;
26.24 (2) be prepared at a scaleof at least four inches equals one mile compliant with
26.25county recorder standards;
26.26 (3) include section numbers;
26.27 (4) include a north point arrow;
26.28 (5) include the name of the county and state;
26.29 (6) include a blank and a description under the blank for the date of public hearing
26.30and date of adoption;
26.31 (7) include blanks for signatures and dates of signatures for the commissioner; and
26.32 (8) include a list of legal descriptions of all parcels crossed by state forest road
26.33prescriptive easements.
27.1 Subd. 3. Procedure to adopt map. (a) The commissioner must prepare an official
27.2map for each county or smaller geographic area as determined by the commissioner as
27.3provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
27.4arecorded state forest road map to record roads.
27.5 (b) The hearing notice must state that the roads to be recorded will be to the width of
27.6the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
27.7otherwise specified in a prior easement of record. The hearing notice must be published
27.8once a week for two successive weeks in a qualified newspaper of general circulation that
27.9serves the county or smaller geographic areas as determined by the commissioner, the last
27.10publication to be made at least ten days before the date of the public hearing. At least 30
27.11days before the hearing, the hearing notice must be sent by certified mail to the property
27.12owners directly affected in the county or smaller geographic areas as determined by the
27.13commissioner at the addresses listed on the tax assessment notices at least seven days
27.14before appearing in the qualified newspaper. The hearing notice may be sent with the tax
27.15assessment, but all additional costs incurred shall be billed to the department.
27.16 (c) After the public hearing is held, the commissioner may amend and adopt the
27.17recorded state forest road map. The recorded adopted state forest road map must be dated
27.18and signed by the commissioner and must berecorded filed for recording with the county
27.19recorder within 90 days after the map is adopted. The map is effective when filed with
27.20the county recorder.
27.21 (d) Therecorded state forest road map that is recorded with the county recorder must
27.22comply with the standards of the county recorder where the state forest roads are located.
27.23 (e) Arecorded state forest road map that was prepared by using aerial photographs
27.24to establish road centerlines and that has been duly recorded with the county recorder is an
27.25adequate description for purposes of recording road easements and the map is the legally
27.26constituted description and prevails when a deed for a parcel abutting a road contains
27.27no reference to a road easement. Nothing prevents the commissioner from accepting a
27.28more definitive metes and bounds or survey description of a road easement for a road of
27.29record if the description of the easement is referenced to equal distance on both sides
27.30of the existing road centerline.
27.31 (f) The commissioner shall consult with representatives of county land
27.32commissioners, county auditors, county recorders, and Torrens examiners in implementing
27.33this subdivision.
27.34 Subd. 4. Appeal. (a)Before filing an appeal under paragraph (b), a person may
27.35seek resolution of concerns regarding a decision to record a road under this section by
27.36contacting the commissioner in writing.
28.1(b) A person may appeal a decision to record or exclude recording a road under this
28.2section to the district court within 120 days after the date the commissioner adopts the
28.3state forest road map. Appeals may be filed only by property owners who are directly
28.4affected by a proposed map designation and only for those portions of the map designation
28.5that directly affect them.
28.6 (b) A property owner may appeal the map designation to the commissioner within 60
28.7days of the map being recorded by filing a written request for review. The commissioner
28.8shall review the request and any supporting evidence and render a decision within 45
28.9days of receipt of the request for review.
28.10 (c) If a property owner wishes to appeal a decision of the commissioner after review
28.11under paragraph (b), the property owner must file an appeal with the district court within
28.1260 days of the commissioner's decision.
28.13 (d) If any portion of a map appealed under paragraph (b) is modified or found to be
28.14invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
28.15shall not be affected and its recording with the county recorder shall stand.
28.16 Subd. 5. Unrecorded road or trail not affected. This section does not affect or
28.17diminish the legal status or state obligations of roads and trails not shown on therecorded
28.18state forest road map.
28.19 Subd. 6. Exemption. Adoption of arecorded state forest road map under this
28.20section is exempt from the rulemaking requirements of chapter 14 and section14.386
28.21does not apply.
28.22 Sec. 18. Minnesota Statutes 2006, section 93.481, is amended by adding a subdivision
28.23to read:
28.24 Subd. 7. Mining administration account. The mining administration account is
28.25established as an account in the natural resources fund. Ferrous mining administrative fees
28.26charged to owners, operators, or managers of mines shall be credited to the account and
28.27may be appropriated to the commissioner to cover the costs of providing and monitoring
28.28permits to mine ferrous metals under this section.
28.29 Sec. 19. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:
28.30 Subd. 4b. Citizen oversight subcommittees. (a) The commissioner shall appoint
28.31subcommittees of affected persons to review the reports prepared under subdivision 4;
28.32review the proposed work plans and budgets for the coming year; propose changes
28.33in policies, activities, and revenue enhancements or reductions; review other relevant
29.1information; and make recommendations to the legislature and the commissioner for
29.2improvements in the management and use of money in the game and fish fund.
29.3 (b) The commissioner shall appoint the following subcommittees, each comprised
29.4of at least three affected persons:
29.5 (1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
29.6activities related to trout and salmon stamp funding;
29.7 (2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
29.8activities related to migratory waterfowl, pheasant, and turkey stamp funding and
29.9excluding review of the amounts available under section97A.075, subdivision 1 ,
29.10paragraphs (b) and (c);
29.11 (3) a Big Game Subcommittee to review the report required in subdivision 4,
29.12paragraph (a), clause (2);
29.13 (4) an EcologicalServices Operations Resources Subcommittee to review ecological
29.14services funding;
29.15 (5) a subcommittee to review game and fish fund funding of enforcement, support
29.16services, and Department of Natural Resources administration and operations support;
29.17 (6) a subcommittee to review the trout and salmon stamp report and address funding
29.18issues related to trout and salmon;
29.19 (7) a subcommittee to review the report on the migratory waterfowl stamp and
29.20address funding issues related to migratory waterfowl;
29.21 (8) a subcommittee to review the report on the pheasant stamp and address funding
29.22issues related to pheasants; and
29.23 (9) a subcommittee to review the report on the turkey stamp and address funding
29.24issues related to wild turkeys.
29.25 (c) The chairs of each of the subcommittees shall form a Budgetary Oversight
29.26Committee to coordinate the integration of the subcommittee reports into an annual
29.27report to the legislature; recommend changes on a broad level in policies, activities, and
29.28revenue enhancements or reductions; provide a forum to address issues that transcend the
29.29subcommittees; and submit a report for any subcommittee that fails to submit its report
29.30in a timely manner.
29.31 (d) The Budgetary Oversight Committee shall develop recommendations for a
29.32biennial budget plan and report for expenditures on game and fish activities. By August 15
29.33of each even-numbered year, the committee shall submit the budget plan recommendations
29.34to the commissioner and to the senate and house committees with jurisdiction over natural
29.35resources finance.
30.1 (e) Each subcommittee shall choose its own chair, except that the chair of the
30.2Budgetary Oversight Committee shall be appointed by the commissioner and may not
30.3be the chair of any of the subcommittees.
30.4 (f) The Budgetary Oversight Committee must make recommendations to the
30.5commissioner and to the senate and house committees with jurisdiction over natural
30.6resources finance for outcome goals from expenditures.
30.7 (g) Notwithstanding section15.059, subdivision 5 , or other law to the contrary, the
30.8Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.
30.9 Sec. 20. Minnesota Statutes 2006, section 97A.141, subdivision 1, is amended to read:
30.10 Subdivision 1. Acquisition; generally. The commissioner shall acquire access sites
30.11adjacent to public waters and easements and rights-of-way necessary to connect the access
30.12sites with public highways. The land may be acquired by gift, lease, or purchase, or by
30.13condemnation with approval of the Executive Council.An access site may not exceed
30.14seven acres and may only be acquired where access is inadequate.
30.15 Sec. 21. Minnesota Statutes 2006, section 103A.204, is amended to read:
30.16103A.204 GROUNDWATER POLICY.
30.17 (a) The responsibility for the protection of groundwater in Minnesota is vested
30.18in a multiagency approach to management. The following is a list of agencies and the
30.19groundwater protection areas for which the agencies are primarily responsible; the list is
30.20not intended to restrict the areas of responsibility to only those specified:
30.21 (1) Environmental Quality Board:creation of a water resources committee to
30.22coordinate coordination of state groundwater protection programs and a biennial
30.23groundwater policy report beginning in 1994 that includes, for the 1994 report, the
30.24findings in the groundwater protection report coordinated by the Pollution Control Agency
30.25for the Environmental Protection Agency;
30.26 (2) Pollution Control Agency: water quality monitoring and reporting and the
30.27development of best management practices and regulatory mechanisms for protection of
30.28groundwater from nonagricultural chemical contaminants;
30.29 (3) Department of Agriculture: sustainable agriculture, integrated pest management,
30.30water quality monitoring, and the development of best management practices and
30.31regulatory mechanisms for protection of groundwater from agricultural chemical
30.32contaminants;
31.1 (4) Board of Water and Soil Resources: reporting on groundwater education and
31.2outreach with local government officials, local water planning and management, and
31.3local cost share programs;
31.4 (5) Department of Natural Resources: water quantity monitoring and regulation,
31.5sensitivity mapping, and development of a plan for the use of integrated pest management
31.6and sustainable agriculture on state-owned lands; and
31.7 (6) Department of Health: regulation of wells and borings, and the development of
31.8health risk limits under section103H.201 .
31.9 (b) The Environmental Quality Board shallthrough its Water Resources Committee
31.10coordinate with representatives of all agencies prepare a report on policy issues related to
31.11its responsibilities listed in paragraph (a),citizens, and other interested groups to prepare
31.12a biennial report every even-numbered year as part of its duties described in sections
31.13103A.43 and
103B.151
31.14and the "Minnesota Water Plan" in section 103B.151.
31.15 Sec. 22. Minnesota Statutes 2006, section 103A.43, is amended to read:
31.16103A.43 WATER ASSESSMENTS AND REPORTS.
31.17 (a) The Environmental Quality Board shallevaluate and consolidate the assessments
31.18required in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a
31.19single report to the house of representatives and senate committees with jurisdiction
31.20over the environment, natural resources, and agriculture and the Legislative-Citizen
31.21Commission on Minnesota Resourceson statewide water research needs and
31.22recommended priorities for addressing these needs. Local water research needs may also
31.23be included by September 15, 2010, and every five years thereafter.
31.24 (b) TheEnvironmental Quality Board shall work with the Pollution Control Agency
31.25and the Department of Agricultureto coordinate shall provide a biennial assessment and
31.26analysis of water quality, groundwater degradation trends, and efforts to reduce, prevent,
31.27minimize, and eliminate degradation of water. The assessment and analysis must include
31.28an analysis of relevant monitoring data.
31.29 (c) TheEnvironmental Quality Board shall work with the Department of Natural
31.30Resourcesto coordinate shall provide an assessment and analysis of the quantity of surface
31.31and ground water in the state and the availability of water to meet the state's needs.
31.32(d) The Environmental Quality Board shall coordinate and submit a report on water
31.33policy including the analyses in paragraphs (a) to (c) to the house of representatives
31.34and senate committees with jurisdiction over the environment, natural resources,
31.35and agriculture and the Legislative-Citizen Commission on Minnesota Resources by
32.1September 15 of each even-numbered year. The report may include the groundwater
32.2policy report in section
103A.204.
32.3 Sec. 23. Minnesota Statutes 2006, section 103B.151, subdivision 1, is amended to read:
32.4 Subdivision 1. Water planning. The Environmental Quality Board shall:
32.5 (1) coordinate public water resource management and regulation activities among
32.6the state agencies having jurisdiction in the area;
32.7 (2)initiate, coordinate, and continue to develop comprehensive long-range water
32.8resources planning in furtherance ofthe plan prepared by the Environmental Quality
32.9Board'sWater Resources Committee entitled "Minnesota Water Plan," published in
32.10January 1991, by September 15, 2000, and each ten-year interval afterwards;
32.11 (3) coordinate water planning activities of local, regional, and federal bodies with
32.12state water planning and integrate these plans with state strategies;
32.13 (4) coordinate development of state water policy recommendations and priorities,
32.14and a recommended program for funding identified needs, including priorities for
32.15implementing the state water resources monitoring plan;
32.16 (5) administer federal water resources planning with multiagency interests;
32.17 (6) ensure that groundwater quality monitoring and related data is provided and
32.18integrated into the Minnesota land management information system according to
32.19published data compatibility guidelines. Costs of integrating the data in accordance with
32.20data compatibility standards must be borne by the agency generating the data;
32.21 (7) coordinate the development and evaluation of water information and education
32.22materials and resources; and
32.23 (8) coordinate the dissemination of water information and education through
32.24existing delivery systems.
32.25 Sec. 24. Minnesota Statutes 2007 Supplement, section 103G.291, subdivision 3,
32.26is amended to read:
32.27 Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier
32.28serving more than 1,000 people must submit a water supply plan to the commissioner
32.29for approval by January 1, 1996. In accordance with guidelines developed by the
32.30commissioner, the plan must address projected demands, adequacy of the water supply
32.31system and planned improvements, existing and future water sources, natural resource
32.32impacts or limitations, emergency preparedness, water conservation, supply and demand
32.33reduction measures, and allocation priorities that are consistent with section103G.261 .
33.1Public water suppliers must update their plan and, upon notification, submit it to the
33.2commissioner for approval every ten years.
33.3 (b) The water supply plan in paragraph (a) is required for all communities in the
33.4metropolitan area, as defined in section473.121 , with a municipal water supply system
33.5and is a required element of the local comprehensive plan required under section473.859 .
33.6Water supply plans or updates submitted after December 31, 2008, must be consistent
33.7with the metropolitan area master water supply plan required under section473.1565 ,
33.8subdivision 1, paragraph (a), clause (2).
33.9 (c) Public water suppliers serving more than 1,000 people must employ water
33.10use demand reduction measures, including a conservation rate structure, as defined in
33.11subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), before
33.12requesting approval from the commissioner of health under section144.383, paragraph
33.13(a) , to construct a public water supply well or requesting an increase in the authorized
33.14volume of appropriation. Demand reduction measures must include evaluation of
33.15conservation rate structures and a public education program that may include a toilet
33.16and showerhead retrofit program.
33.17 (d) Public water suppliers serving more than 1,000 people must submit records
33.18that indicate the number of connections and amount of use by customer category and
33.19volume of water unaccounted for with the annual report of water use required under
33.20section103G.281, subdivision 3 .
33.21 (e) For the purposes of thissubdivision section, "public water supplier" means
33.22an entity that owns, manages, or operates a public water supply, as defined in section
33.23144.382, subdivision 4
.
33.24 Sec. 25. Minnesota Statutes 2006, section 103G.291, is amended by adding a
33.25subdivision to read:
33.26 Subd. 4. Conservation rate structure required. (a) For the purposes of this
33.27section, "conservation rate structure" means a rate structure that encourages conservation
33.28and may include increasing block rates, seasonal rates, time of use rates, individualized
33.29goal rates, or excess use rates. The rate structure must consider each residential unit as an
33.30individual user in multiple-family dwellings.
33.31 (b) To encourage conservation, a public water supplier serving more than 1,000
33.32people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
33.33a conservation rate structure by January 1, 2010. All remaining public water suppliers
33.34serving more than 1,000 people shall use a conservation rate structure by January 1, 2013.
34.1 (c) A public water supplier without the proper measuring equipment to track the
34.2amount of water used by its users, as of the effective date of this act, is exempt from
34.3this subdivision and the conservation rate structure requirement under subdivision 3,
34.4paragraph (c).
34.5 Sec. 26. Minnesota Statutes 2006, section 103G.615, subdivision 2, is amended to read:
34.6 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
34.7control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
34.8section16A.1283 does not apply. The fees may not exceed $750 per permit shall be based
34.9upon the cost of receiving, processing, analyzing, and issuing the permit, and additional
34.10costs incurred after the application to inspect and monitor the activities authorized by the
34.11permit, and enforce aquatic plant management rules and permit requirements.
34.12 (b) The fee for a permit for the control of rooted aquatic vegetation is $35 for each
34.13contiguous parcel of shoreline owned by an owner. This fee may not be charged for
34.14permits issued in connection with purple loosestrife control or lakewide Eurasian water
34.15milfoil control programs.
34.16 (c) A fee may not be charged to the state or a federal governmental agency applying
34.17for a permit.
34.18 (d) The money received for the permits under this subdivision shall be deposited in
34.19the treasury and credited to the water recreation account.
34.20 Sec. 27. [115A.9175] LANDFILL; SITING.
34.21 (a) To reduce potential future remediation costs and to protect groundwater, an
34.22applicant for a permit for a disposal facility that was not in operation prior to March 1,
34.232008, and that accepts mixed municipal solid waste, ash, industrial waste, or construction
34.24and demolition waste for disposal must submit as part of the application the results
34.25of an independent laboratory analysis for major cations and anions and for enriched
34.26tritium in water samples taken from an upgradient and downgradient well finished in the
34.27uppermost unconsolidated aquifer encountered and an upgradient and downgradient well
34.28finished in the uppermost bedrock aquifer at the site. If 150 feet of continuous nonaquifer
34.29material is encountered above the bedrock, testing of bedrock wells is not required. If
34.30no unconsolidated or bedrock aquifers are found within the first 150 feet at the site, no
34.31cation, anion, or tritium testing is required.
34.32 (b) The commissioner may not issue a disposal facility permit to an applicant whose
34.33test results for tritium required in paragraph (a) report concentrations of five tritium units
34.34or greater in any well tested, except as provided in paragraph (c).
35.1 (c) If test results report concentrations of five enriched tritium units or greater for any
35.2well, an applicant may present to the commissioner reasons and supporting documentation
35.3why the tritium test results may not indicate that the site is highly sensitive to groundwater
35.4contamination at the site. If the commissioner determines that the applicant's reasons
35.5and supporting documentation are scientifically valid, the commissioner shall specify
35.6additional testing of groundwater samples from the site that will allow a better estimate to
35.7be made of the sensitivity of groundwater contamination at the site. If, after reviewing
35.8the tritium test results, the additional testing data, and any other data pertaining to the
35.9site's susceptibility to groundwater contamination, the commissioner determines that the
35.10conclusion that the site is not highly sensitive to groundwater contamination is supported
35.11by a preponderance of the scientifically valid evidence available, the commissioner may
35.12issue the permit. For the purposes of this section, "highly sensitive to groundwater
35.13contamination" means that the travel time of water from the land surface to the water table
35.14or bedrock is less than 20 years.
35.15 (d) Beginning July 1, 2010, and every two years thereafter, the commissioner must
35.16review air sampling of the atmospheric concentration of tritium and adjust the tritium
35.17concentration threshold in paragraph (b) to a level no greater than one-half the average
35.18concentration of tritium in the atmosphere in this state.
35.19 (e) Paragraphs (a) to (f) do not apply to an application for a permit to expand,
35.20including a noncontiguous expansion of a facility, or modify the type of waste accepted at
35.21a disposal facility operating as of March 1, 2008.
35.22 (f) Minnesota Rules, part 7035.2815, applies to a disposal facility accepting
35.23industrial waste.
35.24EFFECTIVE DATE.This section is effective the day following final enactment.
35.25 Sec. 28. Minnesota Statutes 2006, section 473.1565, subdivision 3, is amended to read:
35.26 Subd. 3. Reports to legislature. The council must submit reports to the legislature
35.27regarding its findings, recommendations, and continuing planning activities under
35.28subdivision 1.The first report must be submitted to the legislature by the date the
35.29legislature convenes in 2007 and subsequent reports must be submitted by such date
35.30every five years thereafter. These reports shall be included in the "Minnesota Water Plan"
35.31required in section 103B.151, and five-year interim reports may be provided as necessary.
35.32 Sec. 29. FERROUS METALS MINING ADMINISTRATIVE FEE.
35.33 (a) Until a new application fee schedule is adopted for permits to mine ferrous metals
35.34according to the report submitted by the commissioner of natural resources under article
36.11, section 3, subdivision 2, the commissioner shall charge the following administrative
36.2fees, payable to the commissioner by June 30 of each year, beginning in 2008 until a
36.3new application fee schedule is adopted.
36.4 (b) The owner, operator, or manager of the following mines shall pay $90,000:
36.5 (1) Minntac and Keetac; and
36.6 (2) North Shore, Hibbing Taconite, and United Taconite.
36.7 (c) The owner, operator, or manager of the Minorca mine shall pay $10,000.
36.8 (d) The owner, operator, or manager of the following mines shall pay $3,333:
36.9 (1) Minnesota Steel;
36.10 (2) Mesaba Nugget; and
36.11 (3) Cliffs Erie, formerly LTV.
36.12EFFECTIVE DATE.This section is effective the day following final enactment
36.13and applies to owners, operators, and managers holding or applying for a permit to mine
36.14under Minneota Statutes, section 93.481, during the 2007 calendar year.
36.15 Sec. 30. RULES.
36.16 The commissioner of natural resources shall adopt rules to implement the changes in
36.17law made in sections 3 to 7 and 15. The initial rules required by this section are exempt
36.18from the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject
36.19to Minnesota Statutes, section 14.386, except that notwithstanding Minnesota Statutes,
36.20section 14.386, paragraph (b), the rules continue in effect until repealed or superseded
36.21by other law or rule.
36.22 Sec. 31. REPEALER.
36.23Minnesota Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b;
36.24and 97A.141, subdivision 2, and Laws 1989, chapter 335, article 1, section 21, subdivision
36.258, as amended by Laws 2002, chapter 323, section 19, are repealed.
1.3environment and natural resources; modifying certain fees; providing a
1.4uniform expiration date for snowmobile registrations and trail stickers;
1.5extending effective period of temporary permits for snowmobiles, off-highway
1.6motorcycles, all-terrain vehicles, and watercraft; modifying temporary permit
1.7information requirements for snowmobiles; modifying monument designation
1.8authority; modifying state park names; modifying state park permit requirements;
1.9modifying requirements for youth operation of all-terrain vehicles; modifying
1.10campfire provisions; modifying requirements for alternative recording for
1.11state forest roads; modifying public water access site acquisition authority;
1.12modifying certain report and assessment requirements; making technical
1.13corrections; establishing a mining administration account; establishing mining
1.14permit administration fees; requiring conservation rate structures; prohibiting
1.15siting of solid waste disposal facilities in certain areas; requiring rulemaking;
1.16amending Minnesota Statutes 2006, sections 17.4988, subdivisions 2, 3;
1.1784.788, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.922,
1.18subdivision 2; 84.9256, subdivision 1; 85.011; 85.012, subdivisions 28, 49a;
1.1985.013, subdivision 1; 85.054, subdivision 3, by adding a subdivision; 86B.401,
1.20subdivision 2; 88.15, subdivision 2; 89.715; 93.481, by adding a subdivision;
1.2197A.055, subdivision 4b; 97A.141, subdivision 1; 103A.204; 103A.43;
1.22103B.151, subdivision 1; 103G.291, by adding a subdivision; 103G.615,
1.23subdivision 2; 473.1565, subdivision 3; Minnesota Statutes 2007 Supplement,
1.24sections 84.8205, subdivision 1; 103G.291, subdivision 3; Laws 2007, chapter
1.2557, article 1, section 4, subdivisions 3, 4, 6; proposing coding for new law in
1.26Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2006, sections
1.2784.961, subdivision 4; 85.013, subdivision 21b; 97A.141, subdivision 2; Laws
1.281989, chapter 335, article 1, section 21, subdivision 8, as amended.
1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.32 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.2in parentheses, subtracted from the appropriations in Laws 2007, chapter 57, article 1, to
2.3the agencies and for the purposes specified in this article. The appropriations are from the
2.4general fund, or another named fund, and are available for the fiscal years indicated for
2.5each purpose. The figures "2008" and "2009" used in this article mean that the addition
2.6to or subtraction from the appropriation listed under them is available for the fiscal year
2.7ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
2.8reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
2.9day following final enactment.
| 2.16 |
APPROPRIATIONS |
||||||
| 2.17 |
Available for the Year |
||||||
| 2.18 |
Ending June 30 |
||||||
| 2.19 |
2008 |
2009 |
|||||
| 2.20 |
Sec. 2. POLLUTION CONTROL AGENCY |
$ |
-0- |
(469,000) |
|||
| 2.21 |
Appropriations by Fund |
||
| 2.22 |
General |
-0- |
(603,000) |
| 2.23 |
Environmental Fund |
-0- |
134,000 |
2.25The commissioner shall make the reduction
2.26to administrative activities in such a way to
2.27minimize the effect to program operations.
2.28$134,000 in fiscal year 2009 is appropriated
2.29from the environmental fund for the
2.30development and adoption of rules to
2.31regulate emission standards of motor
2.32vehicles sold in this state as authorized under
2.33the federal Clean Air Act, United States
2.34Code, title 42, section 7507. The base for
2.35fiscal year 2010 is $114,000.
3.1$20,000 in fiscal year 2009 is appropriated
3.2from the general fund for the following
3.3purposes:
3.4(1) the development of recommendations
3.5for establishing a comprehensive product
3.6stewardship approach to reducing
3.7environmental and health risks posed by
3.8the use or disposal of products. These
3.9recommendations shall be submitted to
3.10the chairs and ranking minority members
3.11of the senate and house committees with
3.12jurisdiction over environmental policy
3.13and environmental finance by January
3.1415, 2009. The recommendations shall
3.15include, at a minimum: a set of criteria to
3.16be used to evaluate products proposed for
3.17product stewardship solutions; a process for
3.18designating products for product stewardship
3.19solutions and the role the legislature would
3.20play in that process; typical components
3.21of product stewardship plans; options to
3.22facilitate the creation of industry-managed
3.23stewardship management organizations;
3.24methods to identify and monitor progress
3.25toward stewardship performance goals for
3.26specific products; and strategies to implement
3.27the use of standards, certifications, and
3.28eco-labels to promote environmentally
3.29preferable products. To the extent possible,
3.30the recommendations must be consistent
3.31with existing product stewardship programs
3.32in North America. In developing the
3.33recommendations, the commissioner must
3.34consult with manufacturers, retailers,
3.35recyclers, environmental advocacy
4.1organizations, local units of government, and
4.2other interested parties;
4.3(2) a report to be submitted by December
4.41, 2008, to the chairs and ranking minority
4.5members of the senate and house committees
4.6with primary jurisdiction over solid waste
4.7policy, analyzing the availability of collection
4.8and processing capacity in the seven-county
4.9metropolitan area for the recycling of
4.10construction and demolition waste. The
4.11report must recommend a percentage of the
4.12total weight of construction and demolition
4.13waste generated in the seven-county
4.14metropolitan area that represents an
4.15achievable but aggressive recycling goal that
4.16can be reached in 2012 and must include an
4.17analysis of the economic and environmental
4.18costs and benefits of reaching that goal; and
4.19(3) a report to be submitted by January 1,
4.202009, to the chairs and ranking minority
4.21members of the senate and house committees
4.22with primary jurisdiction over solid waste
4.23policy, that recommends options for
4.24achieving the following goals by 2020: an
4.25increase in county recycling rates to 60
4.26percent of the weight of total solid waste
4.27generation; and the diversion, prior to
4.28delivery to landfills and waste-to-energy
4.29plants, and recycling and reuse of an amount
4.30of source-separated compostable materials
4.31equal to 15 percent of total solid waste
4.32generation. The commissioner must obtain
4.33input from counties inside and outside the
4.34seven-county metropolitan area, recycling
4.35and composting facilities, waste haulers,
4.36environmental organizations, and other
5.1interested parties in preparing the report.
5.2The report must also contain estimates of
5.3the economic costs of implementing the
5.4strategies.
5.5$750,000 of the appropriation under Laws
5.62007, chapter 57, article 1, section 3, from
5.7the environmental fund in fiscal year 2009
5.8for regulatory services to the ethanol and
5.9mining industries is contingent upon the
5.10agency recovering in fees $750,000 for these
5.11services by January 1, 2009.
| 5.12 |
Sec. 3. NATURAL RESOURCES |
||||||
| 5.13 |
Subdivision 1.Total Appropriation |
$ |
144,000 |
$ |
(778,000) |
||
| 5.14 |
Appropriations by Fund |
||
| 5.15 |
General |
-0- |
(2,265,000) |
| 5.16 |
Natural Resources |
-0- |
720,000 |
| 5.17 |
Game and Fish |
144,000 |
767,000 |
5.19in Laws 2007, chapter 57, article 1, section 4,
5.20are specified in the following subdivisions.
| 5.21 |
Subd. 2.Lands and Minerals |
-0- |
(225,000) |
||||
5.23the lands and minerals budget. This is a base
5.24reduction.
5.25$124,000 of this reduction is from the
5.26appropriation for iron ore cooperative
5.27agreements.
5.28$200,000 in fiscal year 2009 is appropriated
5.29from the natural resources fund for the
5.30administration and monitoring of permits
5.31to mine ferrous metals under Minnesota
5.32Statutes, section 93.481. By January 15,
5.332009, the commissioner shall report to the
5.34legislature and the chairs of the senate and
6.1house committees with jurisdiction over
6.2environment and natural resources finance
6.3on the establishment of a permit to mine
6.4application fee schedule that is based on
6.5the actual costs of issuing and monitoring
6.6individual permits and any necessary
6.7legislation needed to cover the costs of
6.8issuing and monitoring the permits for the
6.9next biennium.
| 6.10 |
Subd. 3.Water Resource Management |
-0- |
(253,000) |
||||
6.12attributable to the modification of reporting
6.13requirements under Minnesota Statutes,
6.14section 103A.43.
| 6.15 |
Subd. 4.Forest Management |
-0- |
250,000 |
||||
6.17Forest Resources Council to conduct a study
6.18of options and make recommendations to the
6.19legislature for addressing the fragmentation
6.20and parcelization of large blocks of private
6.21forest land in the state. This is a onetime
6.22appropriation.
6.23$197,000 in fiscal year 2009 is for a grant
6.24to the University of Minnesota for the
6.25Interagency Information Cooperative to
6.26develop a common forest inventory format
6.27describing key attributes of Minnesota's
6.28public forest land base, growth models for
6.29managed forest stands, a forest wildlife
6.30habitat model format, and an information
6.31database on the state's family forest
6.32ownership.
| 6.33 |
Subd. 5.Parks and Recreation Management |
-0- |
-0- |
||||
7.2the parks and recreation management budget.
7.3Beginning in 2009, $220,000 each year is
7.4from the state park account in the natural
7.5resources fund to fund state park operations,
7.6maintenance, resource management,
7.7educational services, and associated support
7.8costs.
| 7.9 |
Subd. 6.Trails and Waterways Management |
-0- |
300,000 |
||||
7.11from the all-terrain vehicle account in the
7.12natural resources fund for monitoring and
7.13maintenance of newly designated trails.
| 7.14 |
Subd. 7.Fish and Wildlife Management |
144,000 |
140,000 |
||||
7.16the fish and wildlife program. The base for
7.17this appropriation in fiscal years 2010 and
7.182011 is reduced by $539,000 each year.
7.19$200,000 is a reduction in fiscal year 2009
7.20from the appropriation for prairie wetland
7.21complexes. $200,000 is appropriated from
7.22the game and fish fund in fiscal year 2009 for
7.23prairie wetland complexes.
7.24$123,000 in fiscal year 2008 and $246,000
7.25each year thereafter is from the game and fish
7.26fund to implement fish virus surveillance,
7.27prepare infrastructure to handle possible
7.28outbreaks, and implement control procedures
7.29for highest risk waters and fish production
7.30operations.
7.31$21,000 in fiscal year 2009 is from the game
7.32and fish fund and is added to the base for the
7.33aquatic farm permitting program.
8.1$300,000 in fiscal year 2009 is from the
8.2game and fish fund to study, predesign,
8.3and design shooting sports facilities at the
8.4Vermillion Highlands Wildlife Management
8.5Area authorized by Laws 2007, chapter 57,
8.6article 1, section 168.
| 8.7 |
Subd. 8.Ecological Services |
-0- |
(230,000) |
||||
8.9from the appropriation for impaired waters.
8.10The project wild program base is reduced for
8.11fiscal years 2010 and 2011 by $20,000.
8.12By June 30, 2008, $594,000 shall be
8.13transferred from the water recreation account
8.14in the natural resources fund to the invasive
8.15species account in the natural resources fund
8.16for invasive species-related expenses.
| 8.17 |
Subd. 9.Enforcement |
-0- |
(160,000) |
||||
8.19the enforcement budget.
| 8.20 |
Subd. 10.Operations Support |
-0- |
(600,000) |
||||
8.22administration costs in fiscal year 2009. The
8.23commissioner shall make these reductions
8.24throughout the agency through reduction
8.25in travel, administrative costs, and vacancy
8.26management.
| 8.27 8.28 |
Sec. 4. BOARD OF WATER AND SOIL RESOURCES |
$ |
-0- |
$ |
(318,000) |
||
8.30from the appropriation for cost-sharing
8.31contracts to establish native buffers.
9.1$100,000 is a reduction in fiscal year
9.22009 from the appropriation for county
9.3cooperative weed management programs.
9.4$68,000 is a reduction in fiscal year 2009
9.5from the appropriation for the drainage
9.6assistance program.
9.7$100,000 is a reduction in fiscal year 2009
9.8from the appropriation for grants to basin
9.9management organizations.
9.10$450,000 in fiscal year 2009 is for
9.11implementing rehabilitation, erosion, and
9.12sediment control projects in the area included
9.13in DR-1717. Up to 20 percent of this
9.14appropriation may be used by the board to
9.15implement the program. The appropriation is
9.16available until expended. The base for 2010
9.17is $275,000. The base for 2011 is $0.
9.18$50,000 in fiscal year 2009 is for the star lake
9.19and river program. The base for fiscal year
9.202010 is $100,000.
| 9.21 |
Sec. 5. METROPOLITAN COUNCIL |
$ |
-0- |
$ |
-0- |
||
9.23from money appropriated from the general
9.24fund for metropolitan area regional parks
9.25maintenance and operations under Laws
9.262007, chapter 57, article 1, section 6. The
9.27base for fiscal years 2010 and 2011 is reduced
9.28by $162,000 each year.
9.29$162,000 in fiscal year 2009 is appropriated
9.30from the natural resources fund for
9.31metropolitan area regional parks maintenance
9.32and operations. This appropriation is from
9.33the revenue deposited in the natural resources
10.1fund under Minnesota Statutes, section
10.2297A.94, paragraph (e), clause (3).
10.3 Sec. 6. Laws 2007, chapter 57, article 1, section 4, subdivision 3, is amended to read:
| 10.4 |
Subd. 3. Water Resources Management |
15,051,000 |
12,522,000 |
||||
| 10.5 |
Appropriations by Fund |
||
| 10.6 |
General |
14,771,000 |
12,242,000 |
| 10.7 |
Natural Resources |
280,000 |
280,000 |
10.9$280,000 the second year are for grants
10.10associated with the implementation of the
10.11Red River mediation agreement.
10.12$65,000 the first year
10.13
10.14Headwaters Board for up to 50 percent of
10.15the cost of implementing the comprehensive
10.16plan for the upper Mississippi within areas
10.17under its jurisdiction. This is a onetime
10.18appropriation.
10.19$5,000 the first year and $5,000 the second
10.20year are for payment to the Leech Lake Band
10.21of Chippewa Indians to implement its portion
10.22of the comprehensive plan for the upper
10.23Mississippi.
10.24$200,000 the first year and
10.25$178,000 the second year are for the
10.26construction of ring dikes under Minnesota
10.27Statutes, section
10.28may be publicly or privately owned. If the
10.29appropriation in either year is insufficient, the
10.30appropriation in the other year is available
10.31for it. The base appropriation for fiscal year
10.322010 and later is
10.33
10.34to support the identification of impaired
11.1waters and develop plans to address those
11.2impairments, as required by the federal Clean
11.3Water Act, in accordance with Minnesota
11.4Statutes, chapter 114D. This is a onetime
11.5appropriation.
11.6By January 15, 2008, the commissioner shall
11.7commence rulemaking under Minnesota
11.8Statutes, chapter 14, to update the minimum
11.9shoreland standards in Minnesota Rules,
11.10chapter 6120.
11.11$60,000 the first year is a onetime
11.12appropriation to the commissioner of natural
11.13resources to conduct a feasibility study
11.14in conjunction with U.S. Army Corps of
11.15Engineers on the foundation and hydraulics
11.16of the Rapidan Dam in Blue Earth County.
11.17This appropriation must be equally matched
11.18by Blue Earth County, and is available until
11.19expended.
11.20$500,000 in fiscal year 2008 is for addressing
11.21surface and groundwater issues related to
11.22the development and expansion of ethanol
11.23production.
11.24 Sec. 7. Laws 2007, chapter 57, article 1, section 4, subdivision 4, is amended to read:
| 11.25 |
Subd. 4. Forest Management |
44,495,000 |
43,393,000 |
||||
| 11.26 |
Appropriations by Fund |
||
| 11.27 |
General |
24,755,000 |
24,836,000 |
| 11.28 |
Natural Resources |
19,483,000 |
18,293,000 |
| 11.29 |
Game and Fish |
257,000 |
264,000 |
11.31the second year are for prevention,
11.32presuppression, and suppression costs of
11.33emergency firefighting and other costs
11.34incurred under Minnesota Statutes, section
12.2year is insufficient to cover all costs of
12.3presuppression and suppression, the amount
12.4necessary to pay for these costs during the
12.5biennium is appropriated from the general
12.6fund.
12.7By November 15 of each year, the
12.8commissioner of natural resources shall
12.9submit a report to the chairs of the house
12.10and senate committees and divisions having
12.11jurisdiction over environment and natural
12.12resources finance, identifying all firefighting
12.13costs incurred and reimbursements received
12.14in the prior fiscal year. These appropriations
12.15may not be transferred. Any reimbursement
12.16of firefighting expenditures made to the
12.17commissioner from any source other than
12.18federal mobilizations shall be deposited into
12.19the general fund.
12.20$17,983,000 the first year and $18,293,000
12.21the second year are from the forest
12.22management investment account in the
12.23natural resources fund for only the purposes
12.24specified in Minnesota Statutes, section
12.26Of this amount:
12.27(1) $750,000 each year is for additional staff
12.28to enhance timber sales;
12.29(2) $1,000,000 each year is for forest
12.30improvements;
12.31(3) $1,100,000 each year is for forest road
12.32maintenance;
12.33(4) $600,000 each year is for the ecological
12.34classification system on state forest lands;
13.1(5) $350,000 each year is for the prevention
13.2of invasive species on state forest lands; and
13.3(6) $400,000 each year is for the re-inventory
13.4of state forest lands.
13.5Money for forest road maintenance is
13.6onetime.
13.7$780,000 the first year and $780,000 the
13.8second year are for the Forest Resources
13.9Council for implementation of the
13.10Sustainable Forest Resources Act.
13.11$40,000 the first year is for the Forest
13.12Resources Council to provide a grant to
13.13the University of Minnesota to prepare a
13.14statewide plan to address the fragmentation
13.15and parcelization of large blocks of forest
13.16land in the state.
13.17$200,000 in fiscal year 2008 is for a grant
13.18to the Forest Resources Research Advisory
13.19Committee to provide direction on research
13.20topics recommended by the governor's task
13.21force on the competitiveness of Minnesota's
13.22primary forest products industry.
13.23$350,000 the first year and $350,000 the
13.24second year are for the FORIST timber
13.25management information system, other
13.26information systems, and for increased
13.27forestry management. The amount in the
13.28second year is also available in the first year.
13.29$257,000 the first year and $264,000 the
13.30second year are from the game and fish
13.31fund to implement ecological classification
13.32systems (ECS) standards on forested
13.33landscapes. This appropriation is from
13.34revenue deposited in the game and fish fund
14.1under Minnesota Statutes, section
14.2paragraph (e), clause (1).
14.3$110,000 the first year is to develop and
14.4implement a statewide information and
14.5education campaign regarding the statewide
14.6ban on the transport, storage, or use of
14.7nonapproved firewood on state-administered
14.8lands.
14.9$1,500,000 the first year is from the forest
14.10management investment account in the
14.11natural resources fund for the purposes of
14.12section 158. This is a onetime appropriation.
14.13$75,000 the first year is to the Forest
14.14Resources Council for a task force on
14.15forest protection and $75,000 the second
14.16year is appropriated to the commissioner
14.17for grants to cities, counties, townships,
14.18special recreation areas, and park and
14.19recreation boards in cities of the first class
14.20for the identification, removal, disposal, and
14.21replacement of dead or dying shade trees
14.22lost to forest pests or disease. For purposes
14.23of this section, "shade tree" means a woody
14.24perennial grown primarily for aesthetic or
14.25environmental purposes with minimal to
14.26residual timber value. The commissioner
14.27shall consult with municipalities; park and
14.28recreation boards in cities of the first class;
14.29nonprofit organizations; and other interested
14.30parties in developing eligibility criteria. *
14.31(The preceding text beginning "$75,000 the
14.32first year" was indicated as vetoed by the
14.33governor.)
14.34$200,000 in fiscal year 2008 is for a grant
14.35to the Natural Resources Research Institute
15.1for silvicultural research to improve the
15.2quality and quantity of timber fiber. The
15.3appropriation must be matched in the amount
15.4of $200,000 in cash or in-kind contributions
15.5from the forest products industry members of
15.6the Minnesota Forest Productivity Research
15.7Cooperative.
15.8$1,000,000 the first year and $1,000,000
15.9the second year are to support additional
15.10
15.11
15.12
15.13The base appropriation in fiscal year 2010
15.14and later is $500,000.
15.15$200,000 the first year and $200,000 the
15.16second year are to
15.17
15.18
15.19
15.20
15.21activities.
15.22 Sec. 8. Laws 2007, chapter 57, article 1, section 4, subdivision 6, is amended to read:
| 15.23 |
Subd. 6. Trails and Waterways Management |
30,257,000 |
30,492,000 |
||||
| 15.24 |
Appropriations by Fund |
||
| 15.25 |
General |
2,538,000 |
2,568,000 |
| 15.26 |
Natural Resources |
25,600,000 |
25,730,000 |
| 15.27 |
Game and Fish |
2,119,000 |
2,194,000 |
15.29the second year are from the snowmobile
15.30trails and enforcement account in the natural
15.31resources fund for snowmobile grants-in-aid.
15.32The additional money under this item may
15.33be used for new grant-in-aid trails. Any
15.34unencumbered balance does not cancel at the
16.1end of the first year and is available for the
16.2second year.
16.3$1,175,000 the first year and $1,325,000 the
16.4second year are from the natural resources
16.5fund for off-highway vehicle grants-in-aid.
16.6Of this amount, $825,000 the first year and
16.7$1,075,000 the second year are from the
16.8all-terrain vehicle account; $150,000 each
16.9year is from the off-highway motorcycle
16.10account; and $200,000 the first year and
16.11$100,000 the second year are from the
16.12off-road vehicle account. Any unencumbered
16.13balance does not cancel at the end of the first
16.14year and is available for the second year.
16.15$261,000 the first year and $261,000 the
16.16second year are from the water recreation
16.17account in the natural resources fund for a
16.18safe harbor program on Lake Superior.
16.19$742,000 the first year and $760,000
16.20the second year are from the natural
16.21resources fund for state trail operations
16.22and maintenance. The money may be used
16.23for trail maintenance, signage, mapping,
16.24interpretation, native prairie restoration
16.25using best management practices, and
16.26maintenance of nonmotorized forest trails.
16.27This appropriation is from the revenue
16.28deposited in the natural resources fund
16.29under Minnesota Statutes, section
16.30paragraph (e), clause (2).
16.31$655,000 the first year and $655,000 the
16.32second year are from the natural resources
16.33fund for trail grants to local units of
16.34government on land to be maintained for
16.35at least 20 years for the purposes of the
17.1grant. This appropriation is from the revenue
17.2deposited in the natural resources fund
17.3under Minnesota Statutes, section
17.4paragraph (e), clause (4). Any unencumbered
17.5balance does not cancel at the end of the
17.6first year and is available for the second
17.7year. In addition, if a project financed under
17.8this program receives a federal grant award,
17.9the availability of the financing from this
17.10paragraph for that project is extended to
17.11equal the period of the federal grant.
17.12$150,000 the first year and $150,000 the
17.13second year are from the all-terrain vehicle
17.14account for two all-terrain vehicle trail
17.15specialists to assist and consult with on
17.16all-terrain vehicle grant-in-aid education and
17.17training for sustainable trail development and
17.18maintenance, as well as providing training
17.19for public and private sector trail monitoring.
17.20The specialists may assist in the evaluation
17.21of grant-in-aid trail proposals, but not in the
17.22promotion of new trails.
17.23$1,965,000 the first year and $2,040,000
17.24the second year are from the game and fish
17.25fund for expenditures on water access sites
17.26according to the requirements of the federal
17.27sport and fish restoration program.
17.28Money appropriated under Laws 2005, First
17.29Special Session chapter 1, article 2, section
17.3011, subdivision 6, paragraph (h), for the Paul
17.31Bunyan State Trail connection is available
17.32until June 30, 2008.
17.33$400,000 each year is for operation and
17.34maintenance of nonmotorized trails within
17.35state forests. This is a onetime appropriation.
18.1$75,000 each year is for additional wild and
18.2scenic rivers program activities.
18.3$120,000 the first year is from the
18.4water recreation account in the natural
18.5resources fund to cooperate with local
18.6units of government in marking routes and
18.7designating river accesses and campsites
18.8under Minnesota Statutes, section
18.9This is a onetime appropriation and available
18.10until spent.
18.11The appropriation in Laws 2005, First
18.12Special Session chapter 1, article 2, section
18.133, subdivision 6, from the lottery in lieu
18.14account in the natural resources fund for
18.15trail grants to local units of government, is
18.16available until June 30, 2009.
18.19 Section 1. Minnesota Statutes 2006, section 17.4988, subdivision 2, is amended to read:
18.20 Subd. 2. Aquatic farming license. (a) The annual fee for an aquatic farming license
18.21is $210 for the base license. The commissioner must establish an additional fee based
18.22on the acreage of the operation.
18.23 (b) The aquatic farming license may contain endorsements for the rights and
18.24privileges of the following licenses under the game and fish laws. The endorsement must
18.25be made upon payment of the license fee prescribed in section
18.26licenses:
18.27 (1) minnow dealer license;
18.28 (2) minnow retailer license for sale of minnows as bait;
18.29 (3) minnow exporting license;
18.30 (4) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle
18.31license, a minnow retailer vehicle license, an exporting minnow vehicle license, and a
18.32fish vendor license;
18.33 (5) sucker egg taking license; and
18.34 (6) game fish packers license.
19.1 Sec. 2. Minnesota Statutes 2006, section 17.4988, subdivision 3, is amended to read:
19.2 Subd. 3. Inspection fees.
19.3commissioner may, by written order published in the State Register, establish fees for
19.4the services listed in clauses (1) to (3). The fees must be set in an amount that does not
19.5recover significantly more or less than the cost of providing the service. The fees are not
19.6subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The
19.7services covered under this provision include:
19.8 (1) initial inspection of each water to be licensed
19.9 (2) fish health inspection and certification,
19.10initial tissue sample collection, basic fish health assessment, viral pathogen testing, and
19.11bacteriological testing; and
19.12 (3) initial inspection for containment and quarantine facility inspections
19.13 Sec. 3. Minnesota Statutes 2006, section 84.788, subdivision 3, is amended to read:
19.14 Subd. 3. Application; issuance; reports. (a) Application for registration or
19.15continued registration must be made to the commissioner or an authorized deputy registrar
19.16of motor vehicles in a form prescribed by the commissioner. The form must state the name
19.17and address of every owner of the off-highway motorcycle.
19.18 (b) A person who purchases from a retail dealer an off-highway motorcycle shall
19.19make application for registration to the dealer at the point of sale. The dealer shall issue a
19.20dealer temporary
19.21dealer for registration. The dealer shall submit the completed registration applications and
19.22fees to the deputy registrar at least once each week. No fee may be charged by a dealer to
19.23a purchaser for providing the temporary permit.
19.24 (c) Upon receipt of the application and the appropriate fee, the commissioner
19.25or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
19.26registration number or a commissioner or deputy registrar temporary
19.27permit. Once issued, the registration number must be affixed to the motorcycle according
19.28to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials
19.29or temporary permit to the purchaser within the
19.30 (d) The commissioner shall develop a registration system to register vehicles under
19.31this section. A deputy registrar of motor vehicles acting under section
19.32deputy registrar of off-highway motorcycles. The commissioner of natural resources
19.33in agreement with the commissioner of public safety may prescribe the accounting
19.34and procedural requirements necessary to ensure efficient handling of registrations
20.1and registration fees. Deputy registrars shall strictly comply with the accounting and
20.2procedural requirements.
20.3 (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for
20.4each off-highway motorcycle registration renewal, duplicate or replacement registration
20.5card, and replacement decal and a filing fee of $7 is charged for each off-highway
20.6motorcycle registration and registration transfer issued by:
20.7 (1) a deputy registrar and must be deposited in the treasury of the jurisdiction where
20.8the deputy is appointed, or kept if the deputy is not a public official; or
20.9 (2) the commissioner and must be deposited in the state treasury and credited to the
20.10off-highway motorcycle account.
20.11 (f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must
20.12display a registration decal issued by the commissioner. If the motorcycle is licensed as
20.13a motor vehicle, a registration decal must be affixed on the upper left corner of the rear
20.14license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be
20.15attached on the side of the motorcycle and may be attached to the fork tube. The decal
20.16must be attached in a manner so that it is visible while a rider is on the motorcycle. The
20.17issued decals must be of a size to work within the constraints of the electronic licensing
20.18system, not to exceed three inches high and three inches wide.
20.19 (g) Display of a registration decal is not required for an off-highway motorcycle:
20.20 (1) while being operated on private property; or
20.21 (2) while competing in a closed-course competition event.
20.22 Sec. 4. Minnesota Statutes 2006, section 84.82, subdivision 2, is amended to read:
20.23 Subd. 2. Application, issuance, reports, additional fee. (a) Application for
20.24registration or reregistration shall be made to the commissioner or an authorized deputy
20.25registrar of motor vehicles in a format prescribed by the commissioner and shall state the
20.26legal name and address of every owner of the snowmobile.
20.27 (b) A person who purchases a snowmobile from a retail dealer shall make
20.28application for registration to the dealer at the point of sale. The dealer shall issue a dealer
20.29temporary
20.30for registration. The temporary permit must contain the dealer's identification number and
20.31phone number. Each retail dealer shall submit completed registration and fees to the
20.32deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for
20.33providing the temporary permit.
20.34 (c) Upon receipt of the application and the appropriate fee as hereinafter provided,
20.35the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
21.1an assigned registration number or a commissioner or deputy registrar temporary
21.221-day permit. Once issued, the registration number must be affixed to the snowmobile in
21.3a clearly visible and permanent manner for enforcement purposes as the commissioner
21.4of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
21.5registration materials or temporary permit to the purchaser within the temporary
21.621-day permit period. The registration is not valid unless signed by at least one owner.
21.7The temporary permit must indicate whether a snowmobile state trail sticker under section
21.884.8205 was purchased.
21.9 (d) Each deputy registrar of motor vehicles acting pursuant to section
21.10also be a deputy registrar of snowmobiles. The commissioner of natural resources in
21.11agreement with the commissioner of public safety may prescribe the accounting and
21.12procedural requirements necessary to assure efficient handling of registrations and
21.13registration fees. Deputy registrars shall strictly comply with these accounting and
21.14procedural requirements.
21.15 (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
21.16 (1) each snowmobile registered by the registrar or a deputy registrar and the
21.17additional fee shall be disposed of in the manner provided in section
21.182
21.19 (2) each snowmobile registered by the commissioner and the additional fee shall
21.20be deposited in the state treasury and credited to the snowmobile trails and enforcement
21.21account in the natural resources fund.
21.22 Sec. 5. Minnesota Statutes 2006, section 84.82, is amended by adding a subdivision to
21.23read:
21.24 Subd. 3a. Expiration. All snowmobile registrations, excluding temporary
21.25registration permits, required under this section expire June 30 of the year of expiration.
21.26 Sec. 6. Minnesota Statutes 2007 Supplement, section 84.8205, subdivision 1, is
21.27amended to read:
21.28 Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a
21.29person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
21.30snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
21.31resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
21.32three-year snowmobile state trail sticker that is purchased at the time of snowmobile
21.33registration is $30. In addition to other penalties prescribed by law, a person in violation
21.34of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
22.1is valid from November 1 through
22.2for the issuing fee for licensing agents, shall be deposited in the state treasury and credited
22.3to the snowmobile trails and enforcement account in the natural resources fund and,
22.4except for the electronic licensing system commission established by the commissioner
22.5under section
22.6grooming, and easement acquisition.
22.7 (b) A state trail sticker is not required under this section for:
22.8 (1) a snowmobile owned by the state or a political subdivision of the state that is
22.9registered under section
22.10 (2) a snowmobile that is owned and used by the United States, another state, or
22.11a political subdivision thereof that is exempt from registration under section
22.12subdivision 6;
22.13 (3) a collector snowmobile that is operated as provided in a special permit issued for
22.14the collector snowmobile under section
22.15 (4) a person operating a snowmobile only on the portion of a trail that is owned by
22.16the person or the person's spouse, child, or parent; or
22.17 (5) a snowmobile while being used to groom a state or grant-in-aid trail.
22.18 (c) A temporary registration permit issued by a dealer under section 84.82,
22.19subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
22.20included with the registration application fee.
22.21 Sec. 7. Minnesota Statutes 2006, section 84.922, subdivision 2, is amended to read:
22.22 Subd. 2. Application, issuance, reports. (a) Application for registration or
22.23continued registration shall be made to the commissioner or an authorized deputy registrar
22.24of motor vehicles in a form prescribed by the commissioner. The form must state the name
22.25and address of every owner of the vehicle.
22.26 (b) A person who purchases an all-terrain vehicle from a retail dealer shall make
22.27application for registration to the dealer at the point of sale. The dealer shall issue a dealer
22.28temporary
22.29for registration. The dealer shall submit the completed registration application and fees
22.30to the deputy registrar at least once each week. No fee may be charged by a dealer to a
22.31purchaser for providing the temporary permit.
22.32 (c) Upon receipt of the application and the appropriate fee, the commissioner
22.33or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
22.34registration number or a commissioner or deputy registrar temporary
22.35permit. Once issued, the registration number must be affixed to the vehicle in a manner
23.1prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the
23.2registration materials or temporary permit to the purchaser within the
23.3temporary permit period. The commissioner shall use the snowmobile registration system
23.4to register vehicles under this section.
23.5 (d) Each deputy registrar of motor vehicles acting under section
23.6a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
23.7agreement with the commissioner of public safety may prescribe the accounting and
23.8procedural requirements necessary to assure efficient handling of registrations and
23.9registration fees. Deputy registrars shall strictly comply with the accounting and
23.10procedural requirements.
23.11 (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged
23.12for each all-terrain vehicle registration renewal, duplicate or replacement registration
23.13card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle
23.14registration and registration transfer issued by:
23.15 (1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where
23.16the deputy is appointed, or retained if the deputy is not a public official; or
23.17 (2) the commissioner and shall be deposited to the state treasury and credited to the
23.18all-terrain vehicle account in the natural resources fund.
23.19 Sec. 8. Minnesota Statutes 2006, section 84.9256, subdivision 1, is amended to read:
23.20 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on
23.21public road rights-of-way that is permitted under section
23.22by the state or another state is required to operate an all-terrain vehicle along or on a
23.23public road right-of-way.
23.24 (b) A person under 12 years of age shall not:
23.25 (1) make a direct crossing of a public road right-of-way;
23.26 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
23.27 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
23.28paragraph (f).
23.29 (c) Except for public road rights-of-way of interstate highways, a person 12 years
23.30of age but less than 16 years may make a direct crossing of a public road right-of-way
23.31of a trunk, county state-aid, or county highway or operate on public lands and waters or
23.32state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
23.33certificate issued by the commissioner and is accompanied on another all-terrain vehicle
23.34by a person 18 years of age or older who holds a valid driver's license.
24.1 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
24.2old, but less than 16 years old, must:
24.3 (1) successfully complete the safety education and training program under section
24.5 (2) be able to properly reach and control the handle bars and reach the foot pegs
24.6while sitting upright on the seat of the all-terrain vehicle.
24.7 (e) A person at least 11 years of age may take the safety education and training
24.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
24.9the certificate is not valid until the person reaches age 12.
24.10 (f) A person at least ten years of age but under 12 years of age may operate an
24.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
24.12accompanied by a parent or legal guardian.
24.13 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
24.14 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
24.15lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
24.16control the handle bars and reach the foot pegs while sitting upright on the seat of the
24.17all-terrain vehicle.
24.18 Sec. 9. Minnesota Statutes 2006, section 85.011, is amended to read:
24.1985.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
24.20STATE PARKS,
24.21AND WAYSIDES.
24.22 The legislature of this state has provided for the creation and establishment of
24.23state parks, designated
24.24purpose of conserving the scenery, natural and historic objects and wildlife and to provide
24.25for the enjoyment of the same in such manner and by such means as will leave them
24.26unimpaired for the enjoyment of future generations.
24.27 The establishment of such state parks, designated
24.28
24.30the state for park purposes.
24.31 The enumerated state parks,
24.32waysides shall consist of the lands and other property authorized therefor before January
24.331, 1969, together with such other lands and properties as may be authorized therefor on
24.34or after January 1, 1969.
25.1 Sec. 10. Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read:
25.2 Subd. 28. Interstate State Park, Chisago County, which is hereby renamed from
25.3Dalles of Saint Croix State Park.
25.4 Sec. 11. Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read:
25.5 Subd. 49a.
25.6 Sec. 12. Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read:
25.7 Subdivision 1. Names, acquisition; administration. (a) Designated
25.8recreation reserves
25.9
25.10they are situated are listed in this section and shall hereafter be named as indicated
25.11in this section.
25.12 (b) Any land that now is or hereafter becomes tax-forfeited land and is located
25.13within the described boundaries of a state recreation area as defined by session laws is
25.14hereby withdrawn from sale and is transferred from the custody, control, and supervision
25.15of the county board of the county to the commissioner of natural resources, free from
25.16any trust in favor of the interested taxing districts. The commissioner shall execute a
25.17certificate of acceptance of the lands on behalf of the state for such purposes and transmit
25.18the same to the county auditor of the county for record as provided by law in the case
25.19of tax-forfeited land transferred to the commissioner by resolution of the county board
25.20for conservation purposes.
25.21 Sec. 13. Minnesota Statutes 2006, section 85.054, subdivision 3, is amended to read:
25.22 Subd. 3. Interstate State Park. A Minnesota state park permit is not required at
25.23Interstate State Park if a valid, current, Wisconsin state park permit or sticker authorizing
25.24entry of a motor vehicle into Wisconsin state parks is appropriately displayed on the
25.25vehicle and the commissioner has entered into an agreement with appropriate officials
25.26of the state of Wisconsin that authorizes motor vehicles displaying Minnesota state park
25.27permits free entry into Interstate State Park of Wisconsin on a reciprocal basis.
25.28 Sec. 14. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
25.29to read:
25.30 Subd. 14. Grand Portage State Park. A state park permit is not required and a fee
25.31may not be charged for motor vehicle entry or parking at the Class 1 highway rest area
26.1parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand
26.2Portage State Park.
26.3 Sec. 15. Minnesota Statutes 2006, section 86B.401, subdivision 2, is amended to read:
26.4 Subd. 2. Temporary certificate. A person who applies for a watercraft license may
26.5be issued a temporary license certificate to operate the watercraft. The temporary license
26.6certificate is valid for
26.7 Sec. 16. Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read:
26.8 Subd. 2. Not to be left burning. Every person who starts or maintains a campfire
26.9shall:
26.10 (1) exercise every reasonable precaution to prevent the campfire from spreading
26.11
26.12 (2) before lighting the campfire, clear the ground of all combustible material
26.13
26.14 (3) remain with the campfire at all times; and
26.15 (4) before leaving the site, completely extinguish the campfire.
26.16 Sec. 17. Minnesota Statutes 2006, section 89.715, is amended to read:
26.1789.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
26.18 Subdivision 1. Authorization. The commissioner may adopt a
26.19road map under this section to record the department's state forest road prescriptive
26.20easements. For purposes of this section, "
26.21official map of state forest roads adopted by the commissioner.
26.22 Subd. 2. Map requirements. The
26.23 (1) show state forest roads at the time the map is adopted;
26.24 (2) be prepared at a scale
26.25county recorder standards;
26.26 (3) include section numbers;
26.27 (4) include a north point arrow;
26.28 (5) include the name of the county and state;
26.29 (6) include a blank and a description under the blank for the date of public hearing
26.30and date of adoption;
26.31 (7) include blanks for signatures and dates of signatures for the commissioner; and
26.32 (8) include a list of legal descriptions of all parcels crossed by state forest road
26.33prescriptive easements.
27.1 Subd. 3. Procedure to adopt map. (a) The commissioner must prepare an official
27.2map for each county or smaller geographic area as determined by the commissioner as
27.3provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
27.4a
27.5 (b) The hearing notice must state that the roads to be recorded will be to the width of
27.6the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
27.7otherwise specified in a prior easement of record. The hearing notice must be published
27.8once a week for two successive weeks in a qualified newspaper of general circulation that
27.9serves the county or smaller geographic areas as determined by the commissioner, the last
27.10publication to be made at least ten days before the date of the public hearing. At least 30
27.11days before the hearing, the hearing notice must be sent by certified mail to the property
27.12owners directly affected in the county or smaller geographic areas as determined by the
27.13commissioner at the addresses listed on the tax assessment notices at least seven days
27.14before appearing in the qualified newspaper. The hearing notice may be sent with the tax
27.15assessment, but all additional costs incurred shall be billed to the department.
27.16 (c) After the public hearing is held, the commissioner may amend and adopt the
27.17
27.18and signed by the commissioner and must be
27.19recorder within 90 days after the map is adopted. The map is effective when filed with
27.20the county recorder.
27.21 (d) The
27.22comply with the standards of the county recorder where the state forest roads are located.
27.23 (e) A
27.24to establish road centerlines and that has been duly recorded with the county recorder is an
27.25adequate description for purposes of recording road easements and the map is the legally
27.26constituted description and prevails when a deed for a parcel abutting a road contains
27.27no reference to a road easement. Nothing prevents the commissioner from accepting a
27.28more definitive metes and bounds or survey description of a road easement for a road of
27.29record if the description of the easement is referenced to equal distance on both sides
27.30of the existing road centerline.
27.31 (f) The commissioner shall consult with representatives of county land
27.32commissioners, county auditors, county recorders, and Torrens examiners in implementing
27.33this subdivision.
27.34 Subd. 4. Appeal. (a)
27.35
27.36
28.1
28.2
28.3
28.4affected by a proposed map designation and only for those portions of the map designation
28.5that directly affect them.
28.6 (b) A property owner may appeal the map designation to the commissioner within 60
28.7days of the map being recorded by filing a written request for review. The commissioner
28.8shall review the request and any supporting evidence and render a decision within 45
28.9days of receipt of the request for review.
28.10 (c) If a property owner wishes to appeal a decision of the commissioner after review
28.11under paragraph (b), the property owner must file an appeal with the district court within
28.1260 days of the commissioner's decision.
28.13 (d) If any portion of a map appealed under paragraph (b) is modified or found to be
28.14invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
28.15shall not be affected and its recording with the county recorder shall stand.
28.16 Subd. 5. Unrecorded road or trail not affected. This section does not affect or
28.17diminish the legal status or state obligations of roads and trails not shown on the
28.18state forest road map.
28.19 Subd. 6. Exemption. Adoption of a
28.20section is exempt from the rulemaking requirements of chapter 14 and section
28.21does not apply.
28.22 Sec. 18. Minnesota Statutes 2006, section 93.481, is amended by adding a subdivision
28.23to read:
28.24 Subd. 7. Mining administration account. The mining administration account is
28.25established as an account in the natural resources fund. Ferrous mining administrative fees
28.26charged to owners, operators, or managers of mines shall be credited to the account and
28.27may be appropriated to the commissioner to cover the costs of providing and monitoring
28.28permits to mine ferrous metals under this section.
28.29 Sec. 19. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:
28.30 Subd. 4b. Citizen oversight subcommittees. (a) The commissioner shall appoint
28.31subcommittees of affected persons to review the reports prepared under subdivision 4;
28.32review the proposed work plans and budgets for the coming year; propose changes
28.33in policies, activities, and revenue enhancements or reductions; review other relevant
29.1information; and make recommendations to the legislature and the commissioner for
29.2improvements in the management and use of money in the game and fish fund.
29.3 (b) The commissioner shall appoint the following subcommittees, each comprised
29.4of at least three affected persons:
29.5 (1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
29.6activities related to trout and salmon stamp funding;
29.7 (2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
29.8activities related to migratory waterfowl, pheasant, and turkey stamp funding and
29.9excluding review of the amounts available under section
29.10paragraphs (b) and (c);
29.11 (3) a Big Game Subcommittee to review the report required in subdivision 4,
29.12paragraph (a), clause (2);
29.13 (4) an Ecological
29.14services funding;
29.15 (5) a subcommittee to review game and fish fund funding of enforcement
29.16
29.17 (6) a subcommittee to review the trout and salmon stamp report and address funding
29.18issues related to trout and salmon;
29.19 (7) a subcommittee to review the report on the migratory waterfowl stamp and
29.20address funding issues related to migratory waterfowl;
29.21 (8) a subcommittee to review the report on the pheasant stamp and address funding
29.22issues related to pheasants; and
29.23 (9) a subcommittee to review the report on the turkey stamp and address funding
29.24issues related to wild turkeys.
29.25 (c) The chairs of each of the subcommittees shall form a Budgetary Oversight
29.26Committee to coordinate the integration of the subcommittee reports into an annual
29.27report to the legislature; recommend changes on a broad level in policies, activities, and
29.28revenue enhancements or reductions; provide a forum to address issues that transcend the
29.29subcommittees; and submit a report for any subcommittee that fails to submit its report
29.30in a timely manner.
29.31 (d) The Budgetary Oversight Committee shall develop recommendations for a
29.32biennial budget plan and report for expenditures on game and fish activities. By August 15
29.33of each even-numbered year, the committee shall submit the budget plan recommendations
29.34to the commissioner and to the senate and house committees with jurisdiction over natural
29.35resources finance.
30.1 (e) Each subcommittee shall choose its own chair, except that the chair of the
30.2Budgetary Oversight Committee shall be appointed by the commissioner and may not
30.3be the chair of any of the subcommittees.
30.4 (f) The Budgetary Oversight Committee must make recommendations to the
30.5commissioner and to the senate and house committees with jurisdiction over natural
30.6resources finance for outcome goals from expenditures.
30.7 (g) Notwithstanding section
30.8Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.
30.9 Sec. 20. Minnesota Statutes 2006, section 97A.141, subdivision 1, is amended to read:
30.10 Subdivision 1. Acquisition; generally. The commissioner shall acquire access sites
30.11adjacent to public waters and easements and rights-of-way necessary to connect the access
30.12sites with public highways. The land may be acquired by gift, lease, or purchase, or by
30.13condemnation with approval of the Executive Council.
30.14
30.15 Sec. 21. Minnesota Statutes 2006, section 103A.204, is amended to read:
30.16103A.204 GROUNDWATER POLICY.
30.17 (a) The responsibility for the protection of groundwater in Minnesota is vested
30.18in a multiagency approach to management. The following is a list of agencies and the
30.19groundwater protection areas for which the agencies are primarily responsible; the list is
30.20not intended to restrict the areas of responsibility to only those specified:
30.21 (1) Environmental Quality Board:
30.22
30.23
30.24
30.25
30.26 (2) Pollution Control Agency: water quality monitoring and reporting and the
30.27development of best management practices and regulatory mechanisms for protection of
30.28groundwater from nonagricultural chemical contaminants;
30.29 (3) Department of Agriculture: sustainable agriculture, integrated pest management,
30.30water quality monitoring, and the development of best management practices and
30.31regulatory mechanisms for protection of groundwater from agricultural chemical
30.32contaminants;
31.1 (4) Board of Water and Soil Resources: reporting on groundwater education and
31.2outreach with local government officials, local water planning and management, and
31.3local cost share programs;
31.4 (5) Department of Natural Resources: water quantity monitoring and regulation,
31.5sensitivity mapping, and development of a plan for the use of integrated pest management
31.6and sustainable agriculture on state-owned lands; and
31.7 (6) Department of Health: regulation of wells and borings, and the development of
31.8health risk limits under section
31.9 (b) The Environmental Quality Board shall
31.10
31.11its responsibilities listed in paragraph (a),
31.12
31.13
31.14and the "Minnesota Water Plan" in section 103B.151.
31.15 Sec. 22. Minnesota Statutes 2006, section 103A.43, is amended to read:
31.16103A.43 WATER ASSESSMENTS AND REPORTS.
31.17 (a) The Environmental Quality Board shall
31.18required in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a
31.19single report to the house of representatives and senate committees with jurisdiction
31.20over the environment, natural resources, and agriculture and the Legislative-Citizen
31.21Commission on Minnesota Resources
31.22
31.23
31.24 (b) The
31.25and the Department of Agriculture
31.26analysis of water quality, groundwater degradation trends, and efforts to reduce, prevent,
31.27minimize, and eliminate degradation of water. The assessment and analysis must include
31.28an analysis of relevant monitoring data.
31.29 (c) The
31.30Resources
31.31and ground water in the state and the availability of water to meet the state's needs.
31.32
31.33
31.34
31.35
32.1
32.2
32.3 Sec. 23. Minnesota Statutes 2006, section 103B.151, subdivision 1, is amended to read:
32.4 Subdivision 1. Water planning. The Environmental Quality Board shall:
32.5 (1) coordinate public water resource management and regulation activities among
32.6the state agencies having jurisdiction in the area;
32.7 (2)
32.8resources planning in furtherance of
32.9Board's
32.10January 1991, by September 15, 2000, and each ten-year interval afterwards;
32.11 (3) coordinate water planning activities of local, regional, and federal bodies with
32.12state water planning and integrate these plans with state strategies;
32.13 (4) coordinate development of state water policy recommendations and priorities,
32.14and a recommended program for funding identified needs, including priorities for
32.15implementing the state water resources monitoring plan;
32.16 (5) administer federal water resources planning with multiagency interests;
32.17 (6) ensure that groundwater quality monitoring and related data is provided and
32.18integrated into the Minnesota land management information system according to
32.19published data compatibility guidelines. Costs of integrating the data in accordance with
32.20data compatibility standards must be borne by the agency generating the data;
32.21 (7) coordinate the development and evaluation of water information and education
32.22materials and resources; and
32.23 (8) coordinate the dissemination of water information and education through
32.24existing delivery systems.
32.25 Sec. 24. Minnesota Statutes 2007 Supplement, section 103G.291, subdivision 3,
32.26is amended to read:
32.27 Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier
32.28serving more than 1,000 people must submit a water supply plan to the commissioner
32.29for approval by January 1, 1996. In accordance with guidelines developed by the
32.30commissioner, the plan must address projected demands, adequacy of the water supply
32.31system and planned improvements, existing and future water sources, natural resource
32.32impacts or limitations, emergency preparedness, water conservation, supply and demand
32.33reduction measures, and allocation priorities that are consistent with section
33.1Public water suppliers must update their plan and, upon notification, submit it to the
33.2commissioner for approval every ten years.
33.3 (b) The water supply plan in paragraph (a) is required for all communities in the
33.4metropolitan area, as defined in section
33.5and is a required element of the local comprehensive plan required under section
33.6Water supply plans or updates submitted after December 31, 2008, must be consistent
33.7with the metropolitan area master water supply plan required under section
33.8subdivision 1, paragraph (a), clause (2).
33.9 (c) Public water suppliers serving more than 1,000 people must employ water
33.10use demand reduction measures, including a conservation rate structure, as defined in
33.11subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), before
33.12requesting approval from the commissioner of health under section
33.13(a)
33.14volume of appropriation. Demand reduction measures must include evaluation of
33.15conservation rate structures and a public education program that may include a toilet
33.16and showerhead retrofit program.
33.17 (d) Public water suppliers serving more than 1,000 people must submit records
33.18that indicate the number of connections and amount of use by customer category and
33.19volume of water unaccounted for with the annual report of water use required under
33.20section
33.21 (e) For the purposes of this
33.22an entity that owns, manages, or operates a public water supply, as defined in section
33.24 Sec. 25. Minnesota Statutes 2006, section 103G.291, is amended by adding a
33.25subdivision to read:
33.26 Subd. 4. Conservation rate structure required. (a) For the purposes of this
33.27section, "conservation rate structure" means a rate structure that encourages conservation
33.28and may include increasing block rates, seasonal rates, time of use rates, individualized
33.29goal rates, or excess use rates. The rate structure must consider each residential unit as an
33.30individual user in multiple-family dwellings.
33.31 (b) To encourage conservation, a public water supplier serving more than 1,000
33.32people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
33.33a conservation rate structure by January 1, 2010. All remaining public water suppliers
33.34serving more than 1,000 people shall use a conservation rate structure by January 1, 2013.
34.1 (c) A public water supplier without the proper measuring equipment to track the
34.2amount of water used by its users, as of the effective date of this act, is exempt from
34.3this subdivision and the conservation rate structure requirement under subdivision 3,
34.4paragraph (c).
34.5 Sec. 26. Minnesota Statutes 2006, section 103G.615, subdivision 2, is amended to read:
34.6 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
34.7control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
34.8section
34.9upon the cost of receiving, processing, analyzing, and issuing the permit, and additional
34.10costs incurred after the application to inspect and monitor the activities authorized by the
34.11permit, and enforce aquatic plant management rules and permit requirements.
34.12 (b) The fee for a permit for the control of rooted aquatic vegetation is $35 for each
34.13contiguous parcel of shoreline owned by an owner. This fee may not be charged for
34.14permits issued in connection with purple loosestrife control or lakewide Eurasian water
34.15milfoil control programs.
34.16 (c) A fee may not be charged to the state or a federal governmental agency applying
34.17for a permit.
34.18 (d) The money received for the permits under this subdivision shall be deposited in
34.19the treasury and credited to the water recreation account.
34.20 Sec. 27. [115A.9175] LANDFILL; SITING.
34.21 (a) To reduce potential future remediation costs and to protect groundwater, an
34.22applicant for a permit for a disposal facility that was not in operation prior to March 1,
34.232008, and that accepts mixed municipal solid waste, ash, industrial waste, or construction
34.24and demolition waste for disposal must submit as part of the application the results
34.25of an independent laboratory analysis for major cations and anions and for enriched
34.26tritium in water samples taken from an upgradient and downgradient well finished in the
34.27uppermost unconsolidated aquifer encountered and an upgradient and downgradient well
34.28finished in the uppermost bedrock aquifer at the site. If 150 feet of continuous nonaquifer
34.29material is encountered above the bedrock, testing of bedrock wells is not required. If
34.30no unconsolidated or bedrock aquifers are found within the first 150 feet at the site, no
34.31cation, anion, or tritium testing is required.
34.32 (b) The commissioner may not issue a disposal facility permit to an applicant whose
34.33test results for tritium required in paragraph (a) report concentrations of five tritium units
34.34or greater in any well tested, except as provided in paragraph (c).
35.1 (c) If test results report concentrations of five enriched tritium units or greater for any
35.2well, an applicant may present to the commissioner reasons and supporting documentation
35.3why the tritium test results may not indicate that the site is highly sensitive to groundwater
35.4contamination at the site. If the commissioner determines that the applicant's reasons
35.5and supporting documentation are scientifically valid, the commissioner shall specify
35.6additional testing of groundwater samples from the site that will allow a better estimate to
35.7be made of the sensitivity of groundwater contamination at the site. If, after reviewing
35.8the tritium test results, the additional testing data, and any other data pertaining to the
35.9site's susceptibility to groundwater contamination, the commissioner determines that the
35.10conclusion that the site is not highly sensitive to groundwater contamination is supported
35.11by a preponderance of the scientifically valid evidence available, the commissioner may
35.12issue the permit. For the purposes of this section, "highly sensitive to groundwater
35.13contamination" means that the travel time of water from the land surface to the water table
35.14or bedrock is less than 20 years.
35.15 (d) Beginning July 1, 2010, and every two years thereafter, the commissioner must
35.16review air sampling of the atmospheric concentration of tritium and adjust the tritium
35.17concentration threshold in paragraph (b) to a level no greater than one-half the average
35.18concentration of tritium in the atmosphere in this state.
35.19 (e) Paragraphs (a) to (f) do not apply to an application for a permit to expand,
35.20including a noncontiguous expansion of a facility, or modify the type of waste accepted at
35.21a disposal facility operating as of March 1, 2008.
35.22 (f) Minnesota Rules, part 7035.2815, applies to a disposal facility accepting
35.23industrial waste.
35.24EFFECTIVE DATE.This section is effective the day following final enactment.
35.25 Sec. 28. Minnesota Statutes 2006, section 473.1565, subdivision 3, is amended to read:
35.26 Subd. 3. Reports to legislature. The council must submit reports to the legislature
35.27regarding its findings, recommendations, and continuing planning activities under
35.28subdivision 1.
35.29
35.30
35.31required in section 103B.151, and five-year interim reports may be provided as necessary.
35.32 Sec. 29. FERROUS METALS MINING ADMINISTRATIVE FEE.
35.33 (a) Until a new application fee schedule is adopted for permits to mine ferrous metals
35.34according to the report submitted by the commissioner of natural resources under article
36.11, section 3, subdivision 2, the commissioner shall charge the following administrative
36.2fees, payable to the commissioner by June 30 of each year, beginning in 2008 until a
36.3new application fee schedule is adopted.
36.4 (b) The owner, operator, or manager of the following mines shall pay $90,000:
36.5 (1) Minntac and Keetac; and
36.6 (2) North Shore, Hibbing Taconite, and United Taconite.
36.7 (c) The owner, operator, or manager of the Minorca mine shall pay $10,000.
36.8 (d) The owner, operator, or manager of the following mines shall pay $3,333:
36.9 (1) Minnesota Steel;
36.10 (2) Mesaba Nugget; and
36.11 (3) Cliffs Erie, formerly LTV.
36.12EFFECTIVE DATE.This section is effective the day following final enactment
36.13and applies to owners, operators, and managers holding or applying for a permit to mine
36.14under Minneota Statutes, section 93.481, during the 2007 calendar year.
36.15 Sec. 30. RULES.
36.16 The commissioner of natural resources shall adopt rules to implement the changes in
36.17law made in sections 3 to 7 and 15. The initial rules required by this section are exempt
36.18from the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject
36.19to Minnesota Statutes, section 14.386, except that notwithstanding Minnesota Statutes,
36.20section 14.386, paragraph (b), the rules continue in effect until repealed or superseded
36.21by other law or rule.
36.22 Sec. 31. REPEALER.
36.23Minnesota Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b;
36.24and 97A.141, subdivision 2, and Laws 1989, chapter 335, article 1, section 21, subdivision
36.258, as amended by Laws 2002, chapter 323, section 19, are repealed.