SF 1115

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 05/14/2011 12:49pm

1.1A bill for an act

1.2relating to natural resources; modifying pesticide control; providing for certain
1.3acquisition by exchange; modifying peatland protection; modifying fees
1.4and fee disposition; modifying invasive species provisions; modifying cash
1.5match requirement for local recreation grants; modifying state water trails and
1.6waysides; modifying Mineral Coordinating Committee; providing for citizen
1.7oversight committees; creating adopt-a-WMA program; modifying definitions;
1.8modifying operating provisions for certain recreational vehicles; providing for
1.9dual registration of certain motorcycles; requiring nonresident off-road vehicle
1.10state trail pass; modifying watercraft titling; modifying special vehicle use on
1.11roadways; modifying oxygenated gasoline requirements; modifying Water Law;
1.12modifying certain local ordinance requirements; modifying waste management
1.13provisions; modifying landfill cleanup program; modifying environmental review
1.14requirements; modifying disposition of certain lease revenue; providing for
1.15certain easement or lease; providing for bridge designation; requiring rulemaking;
1.16requiring reports; appropriating money;amending Minnesota Statutes 2010,
1.17sections 17.117, subdivision 6a; 18B.03, subdivision 1, as amended; 41A.105,
1.18by adding a subdivision; 84.033, subdivision 1; 84.035, subdivision 6; 84.777,
1.19subdivision 2; 84.788, by adding a subdivision; 84.92, subdivisions 8, 9, 10;
1.2084.925, subdivision 1; 84.9257; 84D.01, subdivisions 8a, 16, 21, by adding
1.21subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3, 4; 84D.09;
1.2284D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13, subdivisions 3,
1.234, 5, 6, 7; 84D.15, subdivision 2; 85.018, subdivision 5; 85.019, subdivisions
1.244b, 4c; 85.32, subdivision 1; 86B.825, subdivision 3; 86B.830, subdivision 2;
1.2586B.850, subdivision 1; 86B.885; 89.17; 93.0015, subdivisions 1, 3; 97A.055,
1.26subdivision 4b; 103B.661, subdivision 2; 103F.705; 103F.711, subdivision 8;
1.27103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735;
1.28103F.741, subdivision 1; 103F.745; 103F.751; 103G.005, subdivision 10e, by
1.29adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242,
1.30subdivisions 2a, 6, 7, 9, 14, by adding a subdivision; 103G.2251; 103G.311,
1.31subdivision 5; 103G.615, subdivision 1, by adding a subdivision; 115.03, by
1.32adding a subdivision; 115.55, subdivision 2; 115A.03, subdivision 25a; 115A.95;
1.33115B.412, subdivision 8, by adding subdivisions; 116D.04, subdivision 2a, as
1.34amended; 168.002, subdivision 18; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8;
1.35239.791, by adding a subdivision; 398.33, subdivision 2; Laws 2010, chapter
1.36361, article 4, section 73; proposing coding for new law in Minnesota Statutes,
1.37chapters 84; 84D; 97A; 103G; 116C; repealing Minnesota Statutes 2010, sections
1.3884.02, subdivisions 1, 2, 3, 4, 6, 7, 8; 84D.02, subdivision 4; 85.013, subdivision
1.392b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761.
2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2    Section 1. Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:
2.3    Subd. 6a. Review and ranking of applications. (a) The commissioner shall chair
2.4the a subcommittee established in section 103F.761, subdivision 2, paragraph (b), for
2.5purposes of reviewing and ranking applications and recommending to the commissioner
2.6allocation amounts. The subcommittee consists of representatives of the Departments of
2.7Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
2.8of Water and Soil Resources; the Farm Service Agency and the Natural Resource
2.9Conservation Service of the United States Department of Agriculture; the Association of
2.10Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts;
2.11and other agencies or associations the commissioner determines are appropriate.
2.12    (b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
2.13criteria it determines appropriate in carrying out the review and ranking:
2.14    (1) whether the proposed activities are identified in a comprehensive water
2.15management plan or other appropriate local planning documents as priorities;
2.16    (2) the potential that the proposed activities have for improving or protecting
2.17environmental quality;
2.18    (3) the extent that the proposed activities support areawide or multijurisdictional
2.19approaches to protecting environmental quality based on defined watershed or similar
2.20geographic areas;
2.21    (4) whether the activities are needed for compliance with existing environmental
2.22laws or rules;
2.23    (5) whether the proposed activities demonstrate participation, coordination, and
2.24cooperation between local units of government and other public agencies;
2.25    (6) whether there is coordination with other public and private funding sources
2.26and programs;
2.27    (7) whether the applicant has targeted specific best management practices to resolve
2.28specific environmental problems;
2.29    (8) past performance of the applicant in completing projects identified in prior
2.30applications and allocation agreements; and
2.31    (9) whether there are off-site public benefits.

2.32    Sec. 2. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by Laws
2.332011, chapter 14, section 7, is amended to read:
3.1    Subdivision 1. Administration by commissioner. The commissioner shall
3.2administer, implement, and enforce this chapter and the Department of Agriculture
3.3is the lead state agency for the regulation of pesticides. The commissioner has the
3.4sole regulatory authority over the terrestrial application of pesticides, including, but
3.5not limited to, the application of pesticides to agricultural crops, structures, and other
3.6nonaquatic environments. Except as provided in subdivision 3, a state agency other than
3.7the Department of Agriculture shall not regulate or require permits for the terrestrial or
3.8nonaquatic application of pesticides.

3.9    Sec. 3. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
3.10to read:
3.11    Subd. 1a. Definitions. For the purpose of this section:
3.12    (1) "biobutanol facility" means a facility at which biobutanol is produced; and
3.13    (2) "biobutanol" means fermentation isobutyl alcohol that is derived from
3.14agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
3.15forest products; or other renewable resources, including residue and waste generated
3.16from the production, processing, and marketing of agricultural products, forest products,
3.17and other renewable resources.

3.18    Sec. 4. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
3.19    Subdivision 1. Acquisition; designation. The commissioner of natural resources
3.20may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
3.21under chapter 117, in the name of the state, lands or any interest in lands suitable and
3.22desirable for establishing and maintaining scientific and natural areas. The commissioner
3.23shall designate any land so acquired as a scientific and natural area by written order
3.24published in the State Register and shall administer any land so acquired and designated as
3.25provided by section 86A.05. Designations of scientific and natural areas are exempt from
3.26the rulemaking provisions of chapter 14 and section 14.386 does not apply.

3.27    Sec. 5. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
3.28    Subd. 6. Management plans. The commissioner shall develop in consultation with
3.29the affected local government unit a management plan for each peatland scientific and
3.30natural area designated under section 84.036 in a manner prescribed by section 86A.09.
3.31    The management plan shall address recreational trails. In those peatland scientific
3.32and natural areas where no corridor of disturbance was used as a recreational trail on or
4.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
4.2peatland scientific and natural area, to be used as a recreational motorized trail.

4.3    Sec. 6. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
4.4    Subd. 2. Off-highway vehicle seasonal restrictions. (a) The commissioner shall
4.5prescribe seasons for off-highway vehicle use on state forest lands. Except for designated
4.6forest roads, a person must not operate an off-highway vehicle on state forest lands: (1)
4.7outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
4.8hunting season in areas of the state where deer may be taken by rifle. This paragraph
4.9does not apply to a person in possession of a valid deer hunting license operating an
4.10off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
4.11    (b) The commissioner may designate and post winter trails on state forest lands
4.12for use by off-highway vehicles.
4.13    (c) For the purposes of this subdivision, "state forest lands" means forest lands under
4.14the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
4.15managed by the commissioner under section 282.011.

4.16    Sec. 7. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
4.17to read:
4.18    Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
4.19this section may also be registered as a motorcycle under chapter 168 for use on public
4.20roads and highways.
4.21    (b) If the off-highway motorcycle was not originally constructed primarily for use
4.22on public roads and highways, the off-highway motorcycle must be equipped with mirrors
4.23and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
4.24requirements of chapter 169, the safety standards of the National Traffic and Motor
4.25Safety Act, Code of Federal Regulations, part 571, and the regulations adopted under
4.26that federal act, for motorcycles regarding safety and acceptability to operate on public
4.27roads and highways.
4.28    (c) An applicant for registration under chapter 168 must submit a form, prescribed
4.29by the commissioner of public safety.
4.30(d) For the purposes of this subdivision, off-highway motorcycle according to
4.31section 84.787, subdivision 7, does not include a golf cart; mini truck; dune buggy; go-cart;
4.32moped; pocket bike; gray market vehicle; or vehicle designed and used specifically for
4.33lawn maintenance, agriculture, logging, or mining purposes.
4.34EFFECTIVE DATE.This section is effective January 1, 2012.

5.1    Sec. 8. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
5.2    Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
5.3vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
5.4nonresident off-road vehicle state trail pass sticker issued according to this section.
5.5The pass must be viewable by a peace officer, a conservation officer, or an employee
5.6designated under section 84.0835.
5.7    (b) The fee for an annual pass is $20. The pass is valid from January 1 through
5.8December 31. The fee for a three-year pass is $30. The commissioner of natural resources
5.9shall issue a pass upon application and payment of the fee. Fees collected under this
5.10section, except for the issuing fee for licensing agents, shall be deposited in the state
5.11treasury and credited to the off-road vehicle account in the natural resources fund and,
5.12except for the electronic licensing system commission established by the commissioner
5.13under section 84.027, subdivision 15, must be used for grants-in-aid to counties and
5.14municipalities for off-road vehicle organizations to construct and maintain off-road
5.15vehicle trails and use areas.
5.16    (c) A nonresident off-road vehicle state trail pass is not required for:
5.17    (1) an off-road vehicle that is owned and used by the United States, another state,
5.18or a political subdivision thereof that is exempt from registration under section 84.798,
5.19subdivision 2;
5.20    (2) a person operating an off-road vehicle only on the portion of a trail that is owned
5.21by the person or the person's spouse, child, or parent; or
5.22    (3) a nonresident operating an off-road vehicle that is registered according to section
5.2384.798.
5.24    Subd. 2. License agents. The commissioner may appoint agents to issue and
5.25sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
5.26appointment of an agent at any time. The commissioner may adopt additional rules as
5.27provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
5.28by the commissioner for accounting and handling of passes pursuant to section 97A.485,
5.29subdivision 11 . An agent shall promptly deposit and remit all money received from the
5.30sale of the passes, exclusive of the issuing fee, to the commissioner.
5.31    Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
5.32nonresident off-road vehicle state trail passes. The commissioner shall also make the
5.33passes available through the electronic licensing system established under section 84.027,
5.34subdivision 15.
5.35    Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
5.36shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
6.1passes issued by the commissioner shall be deposited in the off-road vehicle account in the
6.2natural resources fund and retained for the operation of the electronic licensing system.
6.3    Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
6.4pass to persons whose pass is lost or destroyed using the process established under section
6.597A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
6.6off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.

6.7    Sec. 9. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
6.8    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
6.9motorized flotation-tired vehicle of not less than three low pressure tires, but not more
6.10than equipped with three to six nonhighway tires, that is limited in engine displacement
6.11of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class
6.122 all-terrain vehicle. All-terrain vehicle does not include a golf cart; a mini-truck; a
6.13dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
6.14agriculture, logging, or mining purposes.

6.15    Sec. 10. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
6.16    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
6.17all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled
6.18seat.

6.19    Sec. 11. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
6.20    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
6.21all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of 1,000 to
6.221,800 pounds or less, and has a manufacturer's published width of 68 inches or less.

6.23    Sec. 12. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
6.24    Subdivision 1. Program established. (a) The commissioner shall establish a
6.25comprehensive all-terrain vehicle environmental and safety education and training
6.26program, including the preparation and dissemination of vehicle information and safety
6.27advice to the public, the training of all-terrain vehicle operators, and the issuance of
6.28all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
6.29successfully complete the all-terrain vehicle environmental and safety education and
6.30training course.
6.31    (b) For the purpose of administering the program and to defray a portion of the
6.32expenses of training and certifying vehicle operators, the commissioner shall collect a fee
7.1of $15 from each person who receives the training. The commissioner shall collect a fee,
7.2to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
7.3safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
7.4vehicle safety certificate both fees in a manner that neither significantly overrecovers
7.5nor underrecovers costs, including overhead costs, involved in providing the service
7.6services. The fees are not subject to the rulemaking provisions of chapter 14 and section
7.714.386 does not apply. The fees may be established by the commissioner notwithstanding
7.8section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
7.9subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
7.10fund and the amount thereof, except for the electronic licensing system commission
7.11established by the commissioner under section 84.027, subdivision 15, and issuing fees
7.12collected by the commissioner, is appropriated annually to the Enforcement Division of
7.13the Department of Natural Resources for the administration of such programs. In addition
7.14to the fee established by the commissioner, instructors may charge each person up to the
7.15established fee amount for class materials and expenses.
7.16    (c) The commissioner shall cooperate with private organizations and associations,
7.17private and public corporations, and local governmental units in furtherance of the
7.18program established under this section. School districts may cooperate with the
7.19commissioner and volunteer instructors to provide space for the classroom portion of the
7.20training. The commissioner shall consult with the commissioner of public safety in regard
7.21to training program subject matter and performance testing that leads to the certification
7.22of vehicle operators. By June 30, 2003, The commissioner shall incorporate a riding
7.23component in the safety education and training program.

7.24    Sec. 13. Minnesota Statutes 2010, section 84.9257, is amended to read:
7.2584.9257 PASSENGERS.
7.26    (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
7.27carrying only one passenger.
7.28    (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
7.29carrying a only one passenger, or up to the number of passengers for which the vehicle
7.30was designed, whichever is greater.
7.31    (c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
7.32only one passenger and the passenger must be the person's parent or legal guardian.

7.33    Sec. 14. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
7.34to read:
8.1    Subd. 3a. Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally
8.2or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
8.3species using the "Recommended Uniform Minimum Protocol Standards" developed
8.4by the United States Fish and Wildlife Service, or other protocols, as prescribed by the
8.5commissioner. The commissioner may prescribe protocols in the same manner provided
8.6under section 84D.03, subdivision 1, paragraph (d), for designating infested waters.
8.7EFFECTIVE DATE.This section is effective the day following final enactment.

8.8    Sec. 15. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
8.9    Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
8.10nonnative species into a free-living state. Introduce does not include:
8.11    (1) the immediate return of a nonnative species to waters of the state from which the
8.12nonnative species was removed; or
8.13    (2) the seasonal return of nonnative species attached to water-related equipment,
8.14such as a dock or boat lift, that has been stored on riparian property and directly returned
8.15to the same waters of the state from which the water-related equipment was removed.
8.16EFFECTIVE DATE.This section is effective the day following final enactment.

8.17    Sec. 16. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.18to read:
8.19    Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
8.20determine whether aquatic invasive species, aquatic macrophytes, or water is present and
8.21includes removal, drainage, decontamination, or treatment to prevent the transportation
8.22and spread of aquatic invasive species, aquatic macrophytes, and water.
8.23EFFECTIVE DATE.This section is effective the day following final enactment.

8.24    Sec. 17. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
8.25to read:
8.26    Subd. 8c. Inspector. "Inspector" means an individual trained and authorized by
8.27the commissioner to inspect water-related equipment, a conservation officer, or a licensed
8.28peace officer.
8.29EFFECTIVE DATE.This section is effective the day following final enactment.

9.1    Sec. 18. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
9.2to read:
9.3    Subd. 15a. Service provider. "Service provider" means an individual who
9.4installs or removes water-related equipment or structures from waters of the state for
9.5hire. "Service provider" does not include a person working under the supervision of an
9.6individual with a valid service provider permit issued under section 84D.108.
9.7EFFECTIVE DATE.This section is effective the day following final enactment.

9.8    Sec. 19. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
9.9    Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
9.10carried or moved into or within the state, and includes accepting or receiving the species
9.11for transportation or shipment. Transport does not include:
9.12    (1) the transport movement of infested water or a nonnative species within a water
9.13of the state or to a connected water of the state where the species being transported is
9.14already present.; or
9.15    (2) the movement of a nonnative species attached to water-related equipment or
9.16other water-related structures from a water of the state to the shore of riparian property on
9.17that water or the return of water-related equipment or structures from the shore into the
9.18same water of the state.
9.19EFFECTIVE DATE.This section is effective the day following final enactment.

9.20    Sec. 20. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
9.21to read:
9.22    Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
9.23vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
9.24any other associated equipment or container, including but not limited to portable bait
9.25containers, live wells, ballast tanks except for those vessels permitted under the Pollution
9.26Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
9.27is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
9.28or water.
9.29EFFECTIVE DATE.This section is effective the day following final enactment.

9.30    Sec. 21. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
10.1    Subd. 21. Wild animal. "Wild animal" means a living creature, not human, wild by
10.2nature, endowed with sensation and power of voluntary motion has the meaning given
10.3under section 97A.015, subdivision 55.
10.4EFFECTIVE DATE.This section is effective the day following final enactment.

10.5    Sec. 22. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
10.6    Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
10.7report on invasive species of aquatic plants and wild animals to the legislative committees
10.8having jurisdiction over environmental and natural resource issues. The report must
10.9include:
10.10    (1) detailed information on expenditures for administration, education, management,
10.11inspections, and research;
10.12    (2) an analysis of the effectiveness of management activities conducted in the state,
10.13including chemical control, harvesting, educational efforts, and inspections;
10.14    (3) information on the participation of other state agencies, local government units,
10.15and interest groups in control efforts;
10.16    (4) information on the progress made in the management of each species; and
10.17    (5) an assessment of future management needs and additional measures to protect
10.18the state's water resources from human transport and introduction of invasive species.
10.19EFFECTIVE DATE.This section is effective the day following final enactment.

10.20    Sec. 23. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
10.21    Subd. 3. Bait harvest from infested waters. (a) The Taking of wild animals from
10.22infested waters for bait or aquatic farm purposes is prohibited, except as provided in
10.23paragraph (b) and section 97C.341.
10.24    (b) In waters that are designated as infested waters, except those designated because
10.25they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
10.26under section 17.4982, subdivision 6, the taking of wild animals may be permitted for:
10.27    (1) commercial taking of wild animals for bait and aquatic farm purposes according
10.28to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
10.29    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
10.30water milfoil, when the infested waters are designated solely because they contain
10.31Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
10.32traps not exceeding 16 inches in diameter and 32 inches in length.
11.1    (c) Equipment authorized for minnow harvest in a designated infested water by
11.2permit issued under paragraph (b) may not be transported to, or used in, any waters other
11.3than waters specified in the permit.
11.4EFFECTIVE DATE.This section is effective the day following final enactment.

11.5    Sec. 24. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
11.6    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
11.7restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
11.8stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
11.9an infested water that is designated because it contains invasive fish, invertebrates, or
11.10certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
11.11a commercial licensee operates in both an infested water designated because it contains
11.12invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other
11.13waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
11.14turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish,
11.15invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with
11.16tags provided by the commissioner, as specified in the commercial licensee's license or
11.17permit, and may not be used in infested waters designated because the waters contain
11.18invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982. This
11.19tagging requirement does not apply to commercial fishing equipment used in Lake
11.20Superior.
11.21(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
11.22turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
11.23contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
11.24minimum of two days before they are used in any other waters, except as provided in this
11.25paragraph. Commercial licensees must notify the department's regional or area fisheries
11.26office or a conservation officer before removing nets or equipment from an infested water
11.27designated solely because it contains Eurasian water milfoil and before resetting those
11.28nets or equipment in any other waters. Upon notification, the commissioner may authorize
11.29a commercial licensee to move nets or equipment to another water without freezing or
11.30drying, if that water is designated as infested solely because it contains Eurasian water
11.31milfoil.
11.32(c) A commercial licensee must remove all aquatic macrophytes from nets and other
11.33equipment when the nets and equipment are removed from waters of the state.
11.34(d) The commissioner shall provide a commercial licensee with a current listing of
11.35designated infested waters at the time that a license or permit is issued.
12.1(e) A person harvesting aquatic life from waters of the state for the purpose of
12.2transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
12.3life shall remain in the holding facility for at least ten hours and be examined for the
12.4presence of invasive species.
12.5(f) This subdivision applies to the state and its departments and agencies.
12.6EFFECTIVE DATE.This section is effective the day following final enactment.

12.7    Sec. 25. Minnesota Statutes 2010, section 84D.09, is amended to read:
12.884D.09 AQUATIC MACROPHYTES.
12.9    Subdivision 1. Transportation prohibited. A person may not transport aquatic
12.10macrophytes on any state forest road as defined by section 89.001, subdivision 14, any
12.11road or highway as defined in section 160.02, subdivision 26, or any other public road,
12.12except as provided in this section.
12.13    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
12.14aquatic macrophytes:
12.15    (1) that are duckweeds in the family Lemnaceae;
12.16    (2) for disposal as part of a harvest or control activity conducted under an aquatic
12.17plant management permit pursuant to section 103G.615, under permit pursuant to section
12.1884D.11 , or as specified by the commissioner;
12.19    (3) for purposes of constructing shooting or observation blinds in amounts sufficient
12.20for that purpose, provided that the aquatic macrophytes are emergent and cut above the
12.21waterline;
12.22    (4) when legally purchased or traded by or from commercial or hobbyist sources for
12.23aquarium, wetland or lakeshore restoration, or ornamental purposes;
12.24    (5) when harvested for personal or commercial use if in a motor vehicle;
12.25    (6) to the department, or another destination as the commissioner may direct, in a
12.26sealed container for purposes of identifying a species or reporting the presence of a species;
12.27    (7) when transporting commercial aquatic plant harvesting or control equipment to a
12.28suitable location for purposes of cleaning any remaining aquatic macrophytes;
12.29    (8) that are wild rice harvested under section 84.091; or
12.30    (9) in the form of fragments of emergent aquatic macrophytes incidentally
12.31transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
12.32season.; or
12.33    (10) when removing water-related equipment from waters of the state for purposes
12.34of cleaning off aquatic macrophytes before leaving a water access site.
13.1EFFECTIVE DATE.This section is effective the day following final enactment.

13.2    Sec. 26. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
13.3    Subdivision 1. Launching prohibited. A person may not place or attempt to
13.4place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
13.5equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
13.6attached except as provided in this section.
13.7EFFECTIVE DATE.This section is effective the day following final enactment.

13.8    Sec. 27. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
13.9    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
13.10peace officer may order:
13.11    (1) the removal of aquatic macrophytes or prohibited invasive species from a trailer
13.12or watercraft water-related equipment before it is placed into waters of the state;
13.13    (2) confinement of the watercraft water-related equipment at a mooring, dock, or
13.14other location until the watercraft water-related equipment is removed from the water; and
13.15    (3) removal of a watercraft water-related equipment from waters of the state
13.16to remove prohibited invasive species if the water has not been designated by the
13.17commissioner as being infested with that species.; and
13.18    (4) a prohibition on placing water-related equipment into waters of the state when
13.19the water-related equipment has aquatic macrophytes or prohibited invasive species
13.20attached in violation of subdivision 1 or when water has not been drained or the drain plug
13.21has not been removed in violation of subdivision 4.
13.22    (b) An inspector who is not a licensed peace officer may issue orders under
13.23paragraph (a), clauses (1), (3), and (4).
13.24EFFECTIVE DATE.This section is effective the day following final enactment.

13.25    Sec. 28. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
13.26    Subd. 4. Persons leaving public waters; report transporting water-related
13.27equipment. (a) A person When leaving waters of the state a person must drain
13.28boating-related water-related equipment holding water and live wells and bilges by
13.29removing the drain plug before transporting the watercraft and associated water-related
13.30equipment on public roads off the water access site or riparian property.
14.1    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
14.2from ballast tanks, bilges, and live wells must be removed or opened while transporting
14.3watercraft on a public road water-related equipment.
14.4    (c) Emergency response vehicles and equipment may be transported on a public road
14.5with the drain plug or other similar device replaced only after all water has been drained
14.6from the equipment upon leaving the water body.
14.7    (d) Marine sanitary systems and portable bait containers are excluded exempt from
14.8this requirement subdivision.
14.9    (e) A person must not dispose of bait in waters of the state.
14.10    (b) The commissioner shall report, by January 15 of each odd-numbered year, to
14.11the chairs and ranking minority members of the house of representatives and senate
14.12committees and divisions having jurisdiction over water resources policy and finance. The
14.13report shall advise the legislature on additional measures to protect state water resources
14.14from human transport of invasive species.
14.15EFFECTIVE DATE.This section is effective the day following final enactment.

14.16    Sec. 29. [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED
14.17EQUIPMENT.
14.18    Subdivision 1. Compliance inspections. Compliance with aquatic invasive species
14.19inspection requirements is an express condition of operating or transporting water-related
14.20equipment. An inspector may prohibit an individual who refuses to allow an inspection of
14.21the individual's water-related equipment or who refuses to remove and dispose of aquatic
14.22invasive species, aquatic macrophytes, and water from placing or operating water-related
14.23equipment in waters of the state.
14.24    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
14.25individuals to inspect water-related equipment for aquatic macrophytes, aquatic
14.26invasive species, and water. Inspectors may visually and tactilely inspect watercraft
14.27and water-related equipment to determine whether aquatic invasive species, aquatic
14.28macrophytes, or water is present. If a person transporting watercraft or water-related
14.29equipment refuses to take required corrective actions or fails to comply with an order
14.30under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall
14.31refer the violation to a conservation officer or other licensed peace officer.
14.32    (b) In addition to paragraph (a), a conservation officer or other licensed peace officer
14.33may inspect any watercraft or water-related equipment that is stopped at a water access
14.34site or stopped at any other location in the state if the officer determines there is reason
15.1to believe that aquatic invasive species, aquatic macrophytes, or water is present on the
15.2watercraft or water-related equipment.
15.3    (c) Conservation officers or other licensed peace officers may utilize check stations
15.4in locations, or in proximity to locations, where watercraft or other water-related
15.5equipment is placed into or removed from waters of the state. Any check stations shall be
15.6operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
15.7EFFECTIVE DATE.This section is effective the day following final enactment.

15.8    Sec. 30. [84D.108] SERVICE PROVIDER PERMIT.
15.9    Subdivision 1. Service provider permit required. (a) Service providers must apply
15.10for and obtain a permit from the commissioner before providing any services described in
15.11section 84D.01, subdivision 15a.
15.12(b) Service providers must have a valid permit in possession while providing
15.13services described in section 84D.01, subdivision 15a.
15.14    Subd. 2. Permit requirements. (a) Service providers must complete invasive
15.15species training provided by the commissioner and pass an examination to qualify for a
15.16permit. Service provider permits are valid for three calendar years.
15.17(b) A $50 application and testing fee is required for service provider permit
15.18applications.
15.19(c) Persons working for a permittee must satisfactorily complete aquatic invasive
15.20species-related training provided by the commissioner.
15.21    Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
15.22revoke a permit as provided in section 84D.11, subdivision 3.
15.23    Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
15.24in section 84D.11, subdivision 4.

15.25    Sec. 31. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
15.26    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
15.27a permit to allow the harvest of bait from waters that are designated as infested waters,
15.28except those designated because they contain prohibited invasive species of fish. The
15.29permit shall include conditions necessary to avoid spreading aquatic invasive species.
15.30    (b) Before receiving a permit, or working for a permittee, a person annually
15.31must satisfactorily complete aquatic invasive species-related training provided by the
15.32commissioner.

15.33    Sec. 32. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
16.1    Subd. 3. Criminal penalties. (a) A person who violates a provision of section
16.2sections 84D.03 or 84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under
16.3section 84D.12, is guilty of a misdemeanor.
16.4    (b) A person who possesses, transports, or introduces a prohibited invasive species in
16.5violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
16.6sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
16.7of a gross misdemeanor.
16.8    (c) A person who refuses to obey an order of a peace officer or conservation officer
16.9to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
16.10or plant harvesting water-related equipment is guilty of a gross misdemeanor.
16.11EFFECTIVE DATE.This section is effective the day following final enactment.

16.12    Sec. 33. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
16.13    Subd. 4. Warnings; civil citations. After appropriate training, conservation
16.14officers, other licensed peace officers, and other department personnel designated by the
16.15commissioner may issue warnings or citations to a person who:
16.16    (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
16.17    (2) unlawfully places or attempts to place into waters of the state a trailer, a
16.18watercraft, or plant harvesting water-related equipment that has aquatic macrophytes
16.19or prohibited invasive species attached;
16.20    (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
16.21by rule, Eurasian water milfoil;
16.22    (4) fails to remove plugs, open valves, and drain water, as required by rule, from
16.23watercraft and water-related equipment before leaving designated zebra mussel, spiny
16.24water flea, or other invasive plankton infested waters of the state or when transporting
16.25water-related equipment as provided in section 84D.10, subdivision 4; or
16.26    (5) transports infested water, in violation of rule, off riparian property.
16.27EFFECTIVE DATE.This section is effective the day following final enactment.

16.28    Sec. 34. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
16.29    Subd. 5. Civil penalties. A civil citation issued under this section must impose
16.30the following penalty amounts:
16.31    (1) for transporting aquatic macrophytes on a forest road as defined by section
16.3289.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
16.33any other public road, $50 in violation of section 84D.09, $50;
17.1    (2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
17.2aquatic plant harvesting water-related equipment that has aquatic macrophytes attached,
17.3$100;
17.4    (3) for unlawfully possessing or transporting a prohibited invasive species other
17.5than an aquatic macrophyte, $250;
17.6    (4) for placing or attempting to place into waters of the state a watercraft, a trailer,
17.7or aquatic plant harvesting water-related equipment that has prohibited invasive species
17.8attached when the waters are not designated by the commissioner as being infested with
17.9that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
17.10    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
17.11prescribed by rule, Eurasian water milfoil, $100;
17.12    (6) for failing to remove plugs, open valves, and drain water, as required by rule,
17.13for infested waters and from watercraft and water-related equipment, other than marine
17.14sanitary systems and portable bait containers, before leaving waters of the state, $50; and
17.15    (7) for transporting infested water off riparian property without a permit as required
17.16by rule, $200.
17.17EFFECTIVE DATE.This section is effective the day following final enactment.

17.18    Sec. 35. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
17.19    Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
17.20for up to a year, the watercraft license of an owner or person in control of a watercraft
17.21or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4,
17.2284D.105 or who refuses to comply with a removal order given under this section 84D.13.
17.23EFFECTIVE DATE.This section is effective the day following final enactment.

17.24    Sec. 36. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
17.25    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
17.26license suspension is effective 30 days after issuance of the civil citation. A civil penalty
17.27collected under this section is payable to must be paid to either: (1) the commissioner
17.28if the citation was issued by a conservation officer and must be credited to the invasive
17.29species account.; or (2) the treasury of the unit of government employing the officer who
17.30issued the civil citation.
17.31EFFECTIVE DATE.This section is effective the day following final enactment.

17.32    Sec. 37. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
18.1    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
18.2section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service
18.3provider permits under section 84D.108, shall be deposited in the invasive species account.
18.4Each year, the commissioner of management and budget shall transfer from the game and
18.5fish fund to the invasive species account, the annual surcharge collected on nonresident
18.6fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010
18.7and 2011, the commissioner of management and budget shall transfer $725,000 from the
18.8water recreation account under section 86B.706 to the invasive species account.
18.9EFFECTIVE DATE.This section is effective the day following final enactment.

18.10    Sec. 38. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
18.11    Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
18.12any year no use of a motorized vehicle other than a snowmobile, unless authorized by
18.13permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
18.14    (b) From December 1 to April 1 in any year No use of a motorized vehicle other
18.15than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
18.16by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
18.17vehicles, off-road vehicles, or both, and off-highway motorcycles.

18.18    Sec. 39. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
18.19    Subd. 4b. Regional trails. The commissioner shall administer a program to
18.20provide grants to units of government for acquisition and betterment of public land and
18.21improvements needed for trails outside the metropolitan area deemed to be of regional
18.22significance according to criteria published by the commissioner. Recipients must provide
18.23a nonstate cash match of at least one-half 25 percent of total eligible project costs. If
18.24land used for the trails is not in full public ownership, then the recipients must prove it
18.25is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
18.26make payment to a unit of government upon receiving documentation of reimbursable
18.27expenditures. A unit of government may enter into a lease or management agreement
18.28for the trail, subject to section 16A.695.

18.29    Sec. 40. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
18.30    Subd. 4c. Trail connections. The commissioner shall administer a program to
18.31provide grants to units of government for acquisition and betterment of public land and
18.32improvements needed for trails that connect communities, trails, and parks and thereby
18.33increase the effective length of trail experiences. Recipients must provide a nonstate cash
19.1match of at least one-half 25 percent of total eligible project costs. If land used for the
19.2trails is not in full public ownership, then the recipients must prove it is dedicated to the
19.3purposes of the grants for at least 20 years. The commissioner shall make payment to a
19.4unit of government upon receiving documentation of reimbursable expenditures. A unit
19.5of government may enter into a lease or management agreement for the trail, subject
19.6to section 16A.695.

19.7    Sec. 41. Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read:
19.8    Subdivision 1. Areas marked. The commissioner of natural resources is authorized
19.9in cooperation with local units of government and private individuals and groups when
19.10feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix,
19.11Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine,
19.12Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
19.13Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
19.14Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood,
19.15Blue Earth, Cedar, and Crow Rivers which have historic and scenic values and to mark
19.16appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls,
19.17whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft
19.18travelers.

19.19    Sec. 42. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
19.20    Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
19.21on water and used on the waters of this state may obtain a certificate of title for the device,
19.22even though it is not a watercraft as defined in section 86B.820, subdivision 14, in the
19.23same manner and with the same effect as the owner of a watercraft required to be titled
19.24under Laws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device
19.25is a titled watercraft as defined in section 86B.820, subdivision 13, and is and remains
19.26subject to Laws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a
19.27watercraft required to be titled.

19.28    Sec. 43. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
19.29    Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
19.30watercraft upon verification that:
19.31    (1) the application is genuine;
19.32    (2) the applicant is the owner of the watercraft; and
19.33    (3) payment of the required fee.
20.1    (b) The original certificate of title must be mailed to the first secured party disclosed
20.2in the application or, if none, to the owner named in the application. Secured parties, if
20.3any, must be mailed notification of their security interest filed.

20.4    Sec. 44. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
20.5    Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
20.6certificate of title under this section. The duplicate certificate of title must be a certified
20.7copy plainly marked "duplicate" across its face and must contain the legend: "This
20.8duplicate certificate of title may be subject to the rights of a person under the original
20.9certificate." It must be mailed to the first secured party named in it or, if none, to the owner.
20.10The commissioner shall indicate in the department records that a duplicate has been issued.
20.11    (b) As a condition to issuing a duplicate certificate of title, the commissioner may
20.12require a bond from the applicant in the manner and form prescribed in section 86B.830,
20.13subdivision 4 , paragraph (b).

20.14    Sec. 45. Minnesota Statutes 2010, section 86B.885, is amended to read:
20.1586B.885 OWNER-CREATED SECURITY INTEREST.
20.16    Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
20.17    (a) The owner shall immediately execute the application in the space provided on the
20.18certificate of title or on a separate form prescribed by the commissioner, show the name
20.19and address of the secured party on the certificate, and have the certificate, application,
20.20and required fee delivered to the secured party.
20.21    (b) The secured party shall immediately have the certificate, application, and
20.22required fee mailed or delivered to the commissioner.
20.23    (c) Upon request of the owner or A second or subordinate secured party, a secured
20.24party in possession of the certificate of title shall either (1) mail or deliver the certificate
20.25to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
20.26from the subordinate secured party the owner's application and the required fee, mail or
20.27deliver them to the commissioner with the certificate. The delivery of the certificate does
20.28not affect the rights of the first secured party under the security agreement.
20.29    (d) Upon receiving the certificate of title, application, and required fee, the
20.30commissioner shall either endorse on the certificate or issue a new certificate containing
20.31the name and address of the new secured party, and mail or deliver the certificate to the
20.32first secured party named on it owner. The secured party or parties shall be issued a
20.33notification that the security interest has been recorded.

21.1    Sec. 46. Minnesota Statutes 2010, section 89.17, is amended to read:
21.289.17 LEASES AND PERMITS.
21.3Notwithstanding the permit procedures of chapter 90, the commissioner shall have
21.4power to grant and execute, in the name of the state, leases and permits for the use of
21.5any forest lands under the authority of the commissioner for any purpose which in the
21.6commissioner's opinion is not inconsistent with the maintenance and management of the
21.7forest lands, on forestry principles for timber production. Every such lease or permit shall
21.8be revocable at the discretion of the commissioner at any time subject to such conditions
21.9as may be agreed on in the lease. The approval of the commissioner of administration
21.10shall not be required upon any such lease or permit. No such lease or permit for a period
21.11exceeding 21 years shall be granted except with the approval of the Executive Council.
21.12Public access to the leased land for outdoor recreation shall be the same as access
21.13would be under state management.
21.14Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable
21.15costs incurred for preparing and issuing the lease, all remaining proceeds from the leasing
21.16of school trust land and university land for roads on forest lands must be deposited into the
21.17respective permanent fund for the lands.

21.18    Sec. 47. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
21.19    Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
21.20is established to plan for diversified mineral development. The Mineral Coordinating
21.21Committee consists of:
21.22    (1) the commissioner of natural resources;
21.23    (2) the deputy commissioner of the Minnesota Pollution Control Agency;
21.24    (3) the director of United Steelworkers of America, District 11, or the director's
21.25designee;
21.26    (4) (3) the commissioner of Iron Range resources and rehabilitation;
21.27    (5) (4) the director of the Minnesota Geological Survey;
21.28    (6) (5) the dean of the University of Minnesota Institute of Technology;
21.29    (7) (6) the director of the Natural Resources Research Institute; and
21.30    (8) three (7) four individuals appointed by the governor for a four-year term, one
21.31each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
21.32minerals industries within the state and one representing labor.

21.33    Sec. 48. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
22.1    Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, or other law to
22.2the contrary, the committee expires June 30, 2011 2016.

22.3    Sec. 49. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
22.4    Subd. 4b. Citizen oversight subcommittees committees. (a) The commissioner
22.5shall appoint subcommittees committees of affected persons to review the reports
22.6prepared under subdivision 4; review the proposed work plans and budgets for the coming
22.7year; propose changes in policies, activities, and revenue enhancements or reductions;
22.8review other relevant information; and make recommendations to the legislature and
22.9the commissioner for improvements in the management and use of money in the game
22.10and fish fund.
22.11    (b) The commissioner shall appoint the following subcommittees committees, each
22.12comprised of at least three ten affected persons:
22.13    (1) a Fisheries Operations Subcommittee Oversight Committee to review fisheries
22.14funding and expenditures, excluding including activities related to trout and salmon stamp
22.15stamps and walleye stamp funding stamps; and
22.16    (2) a Wildlife Operations Subcommittee Oversight Committee to review wildlife
22.17funding and expenditures, excluding including activities related to migratory waterfowl,
22.18pheasant, and wild turkey management funding and excluding review of the amounts
22.19available under section 97A.075, subdivision 1, paragraphs (b) and (c); deer and big
22.20game management.
22.21    (3) a Big Game Subcommittee to review the report required in subdivision 4,
22.22paragraph (a), clause (2);
22.23    (4) an Ecological Resources Subcommittee to review ecological services funding;
22.24    (5) a subcommittee to review game and fish fund funding of enforcement and
22.25operations support;
22.26    (6) a subcommittee to review the trout and salmon stamp report and address funding
22.27issues related to trout and salmon;
22.28    (7) a subcommittee to review the report on the migratory waterfowl stamp and
22.29address funding issues related to migratory waterfowl;
22.30    (8) a subcommittee to review the report on the pheasant stamp and address funding
22.31issues related to pheasants;
22.32    (9) a subcommittee to review the report on the wild turkey management account and
22.33address funding issues related to wild turkeys; and
22.34    (10) a subcommittee to review the walleye stamp and address funding issues related
22.35to walleye stocking.
23.1    (c) The chairs of each of the subcommittees Fisheries Oversight Committee and the
23.2Wildlife Oversight Committee, and four additional members from each committee, shall
23.3form a Budgetary Oversight Committee to coordinate the integration of the subcommittee
23.4fisheries and wildlife oversight committee reports into an annual report to the legislature;
23.5recommend changes on a broad level in policies, activities, and revenue enhancements or
23.6reductions; and provide a forum to address issues that transcend the subcommittees; and
23.7submit a report for any subcommittee that fails to submit its report in a timely manner
23.8fisheries and wildlife oversight committees.
23.9    (d) The Budgetary Oversight Committee shall develop recommendations for a
23.10biennial budget plan and report for expenditures on game and fish activities. By August 15
23.11of each even-numbered year, the committee shall submit the budget plan recommendations
23.12to the commissioner and to the senate and house of representatives committees with
23.13jurisdiction over natural resources finance.
23.14    (e) Each subcommittee shall choose its own chair, except that The chairs of the
23.15Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
23.16by their respective committees. The chair of the Budgetary Oversight Committee shall
23.17be appointed by the commissioner and may not be the chair of any of the subcommittees
23.18either of the other oversight committees.
23.19    (f) The Budgetary Oversight Committee must may make recommendations to the
23.20commissioner and to the senate and house of representatives committees with jurisdiction
23.21over natural resources finance for outcome goals from expenditures.
23.22    (g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
23.23Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
23.24Oversight Committee and subcommittees do not expire until June 30, 2010 2015.

23.25    Sec. 50. [97A.134] ADOPT-A-WMA PROGRAM.
23.26    Subdivision 1. Creation. The Minnesota adopt-a-WMA (wildlife management area)
23.27program is established. The commissioner shall coordinate the program through the
23.28regional offices of the Department of Natural Resources.
23.29    Subd. 2. Agreements. (a) The commissioner shall enter into informal agreements
23.30with sporting, outdoor, business, and civic groups or individuals for volunteer services to
23.31maintain and make improvements to real property on state wildlife management areas in
23.32accordance with plans devised by the commissioner after consultation with the groups
23.33or individuals.
24.1    (b) The commissioner may erect appropriate signs to recognize and express
24.2appreciation to groups and individuals providing volunteer services under the
24.3adopt-a-WMA program.
24.4    (c) The commissioner may provide assistance to enhance the comfort and safety of
24.5volunteers and to facilitate the implementation and administration of the adopt-a-WMA
24.6program.

24.7    Sec. 51. Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read:
24.8    Subd. 2. Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G,
24.9and 115, and the rules and regulations of the respective agencies and governing bodies
24.10vested with jurisdiction and authority under those chapters, the district has the following
24.11powers to:
24.12    (1) regulate the types of boats permitted to use the lake and set service fees;
24.13    (2) limit the use of motors, including their types and horsepower, on the lake;
24.14    (3) regulate, maintain, and police public beaches, public docks, and other public
24.15facilities for access to the lake within the territory of the municipalities;
24.16    (4) limit by rule the use of the lake at various times and the use of various parts of
24.17the lake;
24.18    (5) regulate the speed of boats on the lake and the conduct of other activities on the
24.19lake to secure the safety of the public and the most general public use;
24.20    (6) contract with other law enforcement agencies to police the lake and its shores;
24.21    (7) regulate the construction, installation, and maintenance of permanent and
24.22temporary docks and moorings consistent with federal and state law;
24.23    (8) regulate the construction and use of mechanical and chemical means of deicing
24.24the lake and to regulate the mechanical and chemical means of removal of weeds and
24.25algae from the lake;
24.26    (9) regulate the construction, configuration, size, location, and maintenance of
24.27commercial marinas and their related facilities including parking areas and sanitary
24.28facilities. The regulation shall be consistent with the applicable municipal building codes
24.29and zoning ordinances where said marinas are situated;
24.30    (10) contract with other governmental bodies to perform any of the functions
24.31of the district;
24.32    (11) undertake research to determine the condition and development of the lake and
24.33the water entering it and to transmit their studies to the Pollution Control Agency and other
24.34interested authorities; and to develop a comprehensive program to eliminate pollution;
25.1    (12) receive financial assistance from and join in projects or enter into contracts
25.2with federal and state agencies for the study and treatment of pollution problems and
25.3demonstration programs related to them;
25.4    (13) petition the board of managers of a watershed district where the White Bear
25.5Lake Conservation District is located for improvements under section 103D.705, for
25.6which a bond may not be required of the district; and
25.7    (14) to require the submission of all plans pertaining to or affecting construction or
25.8other lakeshore use on any lot or parcel of land abutting the shoreline including: length
25.9of setback from the shoreline, adjoining property, or any street or highway; problems of
25.10population density; possible water, air or visual pollution; or height of construction. The
25.11board shall have 60 days after submission of plans or any part thereof for review. If, within
25.1260 days of submission the board finds the plan or any part is inconsistent with its plans or
25.13ordinances, it may recommend that the plan or any part be revised and resubmitted.

25.14    Sec. 52. Minnesota Statutes 2010, section 103F.705, is amended to read:
25.15103F.705 PURPOSE.
25.16    (a) It is the purpose of the legislature in enacting sections 103F.701 to 103F.761
25.17103F.755 to protect and improve, enhance, and restore surface and ground water in the
25.18state, through financial and technical assistance to local units of government to control
25.19prevent water pollution, including that associated with land use and land management
25.20activities., and
25.21    (b) It is also the purpose of the legislature to:
25.22    (1) identify water quality problems and their causes;
25.23    (2) direct technical and financial resources to resolve water quality problems and to
25.24abate their causes;
25.25    (3) provide technical and financial resources to local units of government for
25.26implementation of water quality protection and improvement projects;
25.27    (4) coordinate a nonpoint source pollution control program with elements of the
25.28existing state water quality program and other existing resource management programs;
25.29and
25.30    (5) to provide a legal basis for state implementation of federal laws controlling
25.31nonpoint source water pollution.

25.32    Sec. 53. Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:
25.33    Subd. 8. Project. "Project" means the diagnostic study identification of water
25.34pollution caused by nonpoint sources of water pollution and its causes, a plan to implement
26.1best management practices prevent water pollution or protect and improve water quality,
26.2and the physical features constructed or actions taken by a local unit of government to
26.3implement best management practices measures taken to prevent water pollution or
26.4protect and improve water quality.

26.5    Sec. 54. Minnesota Statutes 2010, section 103F.715, is amended to read:
26.6103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
26.7    A clean water partnership program is established as provided in sections 103F.701 to
26.8103F.761 103F.755. The agency shall administer the program in accordance with these
26.9sections. As a basis for the program, the agency and the Metropolitan Council shall
26.10conduct an assessment of waters in accordance with section 103F.721. The agency shall
26.11then provide financial and technical assistance in accordance with section 103F.725 to local
26.12units of government for projects in geographical areas that contribute to surface or ground
26.13water flows. The projects shall provide for protection and improvement, enhancement, or
26.14restoration of surface and ground water from nonpoint sources of water pollution.

26.15    Sec. 55. Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:
26.16    Subdivision 1. Grants. (a) The agency may award grants for up to 50 percent
26.17of the eligible cost for: projects.
26.18    (1) the development of a diagnostic study and implementation plan; and
26.19    (2) the implementation of that plan.
26.20    (b) The agency shall determine which costs are eligible costs and grants shall be
26.21made and used only for eligible costs.

26.22    Sec. 56. Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to
26.23read:
26.24    Subd. 1a. Loans. (a) Up to $36,000,000 $50,000,000 of the balance in the clean
26.25water revolving fund in section 446A.07, as determined by the Public Facilities Authority,
26.26may be provided to the commissioner for the establishment of a clean water partnership
26.27loan program.
26.28    (b) The agency may award loans for up to 100 percent of the costs associated with
26.29activities identified by the agency as best management practices pursuant to section
26.30319 and section 320 of the federal Water Quality Act of 1987, as amended, including
26.31associated administrative costs.
26.32    (c) Loans may be used to finance clean water partnership grant project eligible costs
26.33not funded by grant assistance.
27.1    (d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
27.2shall be determined by the agency in consultation with the Public Facilities Authority.
27.3    (e) The repayment must be deposited in the clean water revolving fund under section
27.4446A.07 .
27.5    (f) The local unit of government receiving the loan is responsible for repayment of
27.6the loan.
27.7    (g) For the purpose of obtaining a loan from the agency, a local government unit
27.8may provide to the agency its general obligation note. All obligations incurred by a local
27.9government unit in obtaining a loan from the agency must be in accordance with chapter
27.10475, except that so long as the obligations are issued to evidence a loan from the agency
27.11to the local government unit, an election is not required to authorize the obligations
27.12issued, and the amount of the obligations shall not be included in determining the net
27.13indebtedness of the local government unit under the provisions of any law or chapter
27.14limiting the indebtedness.

27.15    Sec. 57. Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:
27.16    Subd. 2. Eligibility; documents required. (a) Local units of government are
27.17eligible to apply for assistance. An applicant for assistance shall submit the following
27.18to the agency:
27.19    (1) an application a project proposal form as prescribed by the agency; and
27.20    (2) evidence that the applicant has consulted with the involved local soil and
27.21water conservation districts and watershed districts, where they exist, in preparing the
27.22application; and.
27.23    (3) (b) The proposed project must be identified in at least one of the following
27.24documents:
27.25    (i) (1) the comprehensive water plan authorized under sections 103B.301 to
27.26103B.355 ;
27.27    (ii) (2) a surface water management plan required under section 103B.231;
27.28    (iii) (3) an overall plan required under chapter 103D; or
27.29    (iv) (4) any other local plan that provides an inventory of existing physical and
27.30hydrologic information on the area, a general identification of water quality problems
27.31and goals, and that demonstrates a local commitment to water quality protection or
27.32improvement., enhancement, or restoration;
27.33    (5) an approved total maximum daily load (TMDL) or a TMDL implementation
27.34plan; or
27.35    (6) a watershed protection and restoration strategy implementation plan.
28.1    (b) After July 1, 1991, only projects that are a part of, or are responsive to, a local
28.2water plan under the Comprehensive Local Water Management Act, chapter 103D, or
28.3sections 103B.211 to 103B.255, will be eligible under paragraph (a), clause (3).
28.4    (c) The document submitted in compliance with paragraph (a), clause (2), must
28.5identify existing and potential nonpoint source water pollution problems and must
28.6recognize the need and demonstrate the applicant's commitment to abate or prevent water
28.7pollution from nonpoint sources in the geographic areas for which the application is
28.8submitted.

28.9    Sec. 58. Minnesota Statutes 2010, section 103F.735, is amended to read:
28.10103F.735 AGENCY REVIEW OF APPLICATIONS PROPOSALS.
28.11    Subdivision 1. Ranking of applications proposals. The agency shall rank
28.12applications proposals for technical and financial assistance in order of priority and shall,
28.13within the limits of available appropriations, grant those applications proposals having
28.14the highest priority. The agency shall by rule adopt appropriate criteria to determine
28.15the priority of projects.
28.16    Subd. 2. Criteria. (a) The criteria shall give the highest priority to projects that best
28.17demonstrate compliance with the objectives in paragraphs (b) to (e) (d).
28.18    (b) The project demonstrates participation, coordination, and cooperation between
28.19local units of government and, other public agencies, including soil and water conservation
28.20districts or watershed districts, or both those districts and local stakeholders.
28.21    (c) The degree of water quality improvement or protection, enhancement, or
28.22restoration is maximized relative to the cost of implementing the best management
28.23practices.
28.24    (d) Best management practices provide a feasible means to abate or prevent nonpoint
28.25source water pollution.
28.26    (e) The project goals and objectives are consistent with the state water quality
28.27management plans, the statewide resource assessment conducted under section 103F.721,
28.28and other applicable state and local resource management programs.

28.29    Sec. 59. Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:
28.30    Subdivision 1. Implementation according to law and contract. A local unit
28.31of government receiving technical or financial assistance, or both, from the agency
28.32shall carry out the implementation plan project approved by the agency according to the
28.33terms of the plan, the provisions of a contract or grant agreement made with the agency
29.1and according to sections 103F.701 to 103F.761 103F.755, the rules of the agency, and
29.2applicable federal requirements.

29.3    Sec. 60. Minnesota Statutes 2010, section 103F.745, is amended to read:
29.4103F.745 RULES.
29.5    (a) The agency shall adopt rules necessary to implement sections 103F.701 to
29.6103F.761 103F.755. The rules shall contain at a minimum:
29.7    (1) procedures to be followed by local units of government in applying for technical
29.8or financial assistance or both;
29.9    (2) conditions for the administration of assistance;
29.10    (3) procedures for the development, evaluation, and implementation of best
29.11management practices requirements for a project;
29.12    (4) requirements for a diagnostic study and implementation plan criteria for the
29.13evaluation and approval of a project;
29.14    (5) criteria for the evaluation and approval of a diagnostic study and implementation
29.15plan;
29.16    (6) criteria for the evaluation of best management practices;
29.17    (7) criteria for the ranking of projects in order of priority for assistance;
29.18    (8) (6) criteria for defining and evaluating eligible costs and cost-sharing by local
29.19units of government applying for assistance;
29.20    (7) requirements for providing measurable outcomes; and
29.21    (9) (8) other matters as the agency and the commissioner find necessary for the proper
29.22administration of sections 103F.701 to 103F.761 103F.755, including any rules determined
29.23by the commissioner to be necessary for the implementation of federal programs to control
29.24nonpoint source water pollution protect, enhance, or restore water quality.
29.25    (b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria
29.26established by rule for the clean water partnership grants program shall guide requirements
29.27and administrative procedures for the loan program until January 1, 1996, or the effective
29.28date of the administrative rules for the clean water partnership loan program, whichever
29.29occurs first.

29.30    Sec. 61. Minnesota Statutes 2010, section 103F.751, is amended to read:
29.31103F.751 NONPOINT SOURCE POLLUTION CONTROL MANAGEMENT
29.32PLAN AND PROGRAM EVALUATION.
29.33    To coordinate the programs and activities used to control nonpoint sources of
29.34pollution to achieve the state's water quality goals, the agency shall:
30.1    (1) develop a state plan for the control of nonpoint source water pollution to meet
30.2the requirements of the federal Clean Water Act;, and,
30.3    (2) work through the Environmental Quality Board to coordinate the activities
30.4and programs of federal, state, and local agencies involved in nonpoint source pollution
30.5control and, as appropriate, develop agreements with federal and state agencies to
30.6accomplish the purposes and objectives of the state nonpoint source pollution control
30.7management plan; and.
30.8    (3) evaluate the effectiveness of programs in achieving water quality goals
30.9and recommend to the legislature, under section 3.195, subdivision 1, any necessary
30.10amendments to sections 103F.701 to 103F.761.

30.11    Sec. 62. Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to
30.12read:
30.13    Subd. 10e. Local government unit. "Local government unit" means:
30.14    (1) outside of the seven-county metropolitan area, a city council, county board of
30.15commissioners, or a soil and water conservation district or their delegate;
30.16    (2) in the seven-county metropolitan area, a city council, a town board under section
30.17368.01 , a watershed management organization under section 103B.211, or a soil and water
30.18conservation district or their delegate; and
30.19    (3) on state land, the agency with administrative responsibility for the land; and
30.20    (4) for wetland banking projects established solely for replacing wetland impacts
30.21under a permit to mine under section 93.481, the commissioner of natural resources.

30.22    Sec. 63. Minnesota Statutes 2010, section 103G.005, is amended by adding a
30.23subdivision to read:
30.24    Subd. 10f. Electronic transmission. "Electronic transmission" means the transfer
30.25of data or information through an electronic data interchange system consisting of, but not
30.26limited to, computer modems and computer networks. Electronic transmission specifically
30.27means electronic mail, unless other means of electronic transmission are mutually agreed
30.28to by the sender and recipient.

30.29    Sec. 64. Minnesota Statutes 2010, section 103G.2212, is amended to read:
30.30103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS
30.31OR FILLS WETLANDS.
31.1    Subdivision 1. Conditions for employees and agents to drain or fill wetlands.
31.2    An agent or employee of another may not drain or fill a wetland, wholly or partially,
31.3unless the agent or employee has:
31.4    (1) obtained a signed statement from the property owner stating that the wetland
31.5replacement plan required for the work has been obtained or that a replacement plan
31.6is not required; and
31.7    (2) mailed or sent by electronic transmission a copy of the statement to the local
31.8government unit with jurisdiction over the wetland.
31.9    Subd. 2. Violation is separate offense. Violation of this section is a separate and
31.10independent offense from other violations of sections 103G.2212 to 103G.237.
31.11    Subd. 3. Form for compliance with this section. The board shall develop a form
31.12to be distributed to contractors' associations, local government units, and soil and water
31.13conservation districts to comply with this section. The form must include:
31.14    (1) a listing of the activities for which a replacement plan is required;
31.15    (2) a description of the penalties for violating sections 103G.2212 to 103G.237;
31.16    (3) the telephone number to call for information on the responsible local government
31.17unit;
31.18    (4) a statement that national wetland inventory maps are on file with the soil and
31.19water conservation district office; and
31.20    (5) spaces for a description of the work and the names, mailing addresses or other
31.21contact information, and telephone numbers of the person authorizing the work and the
31.22agent or employee proposing to undertake it.

31.23    Sec. 65. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
31.24    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
31.25partially, unless replaced by restoring or creating wetland areas of at least equal public
31.26value under a replacement plan approved as provided in section 103G.2242, a replacement
31.27plan under a local governmental unit's comprehensive wetland protection and management
31.28plan approved by the board under section 103G.2243, or, if a permit to mine is required
31.29under section 93.481, under a mining reclamation plan approved by the commissioner
31.30under the permit to mine. For project-specific wetland replacement completed prior to
31.31wetland impacts authorized or conducted under a permit to mine within the Great Lakes
31.32and Rainy River watershed basins, those basins shall be considered a single watershed
31.33for purposes of determining wetland replacement ratios. Mining reclamation plans shall
31.34apply the same principles and standards for replacing wetlands by restoration or creation
31.35of wetland areas that are applicable to mitigation plans approved as provided in section
32.1103G.2242 . Public value must be determined in accordance with section 103B.3355 or
32.2a comprehensive wetland protection and management plan established under section
32.3103G.2243 . Sections 103G.221 to 103G.2372 also apply to excavation in permanently
32.4and semipermanently flooded areas of types 3, 4, and 5 wetlands.
32.5    (b) Replacement must be guided by the following principles in descending order
32.6of priority:
32.7    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
32.8the wetland;
32.9    (2) minimizing the impact by limiting the degree or magnitude of the wetland
32.10activity and its implementation;
32.11    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
32.12wetland environment;
32.13    (4) reducing or eliminating the impact over time by preservation and maintenance
32.14operations during the life of the activity;
32.15    (5) compensating for the impact by restoring a wetland; and
32.16    (6) compensating for the impact by replacing or providing substitute wetland
32.17resources or environments.
32.18    For a project involving the draining or filling of wetlands in an amount not exceeding
32.1910,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
32.20paragraph (a), the local government unit may make an on-site sequencing determination
32.21without a written alternatives analysis from the applicant.
32.22    (c) If a wetland is located in a cultivated field, then replacement must be
32.23accomplished through restoration only without regard to the priority order in paragraph
32.24(b), provided that a deed restriction is placed on the altered wetland prohibiting
32.25nonagricultural use for at least ten years.
32.26    (d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs
32.27(b) and (e), the local government unit may require a deed restriction that prohibits
32.28nonagricultural use for at least ten years unless the drained wetland is replaced as provided
32.29under this section. The local government unit may require the deed restriction if it
32.30determines the wetland area drained is at risk of conversion to a nonagricultural use within
32.31ten years based on the zoning classification, proximity to a municipality or full service
32.32road, or other criteria as determined by the local government unit.
32.33    (e) Restoration and replacement of wetlands must be accomplished in accordance
32.34with the ecology of the landscape area affected and ponds that are created primarily to
32.35fulfill storm water management, and water quality treatment requirements may not be
33.1used to satisfy replacement requirements under this chapter unless the design includes
33.2pretreatment of runoff and the pond is functioning as a wetland.
33.3    (f) Except as provided in paragraph (g), for a wetland or public waters wetland
33.4located on nonagricultural land, replacement must be in the ratio of two acres of replaced
33.5wetland for each acre of drained or filled wetland.
33.6    (g) For a wetland or public waters wetland located on agricultural land or in a greater
33.7than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
33.8for each acre of drained or filled wetland.
33.9    (h) Wetlands that are restored or created as a result of an approved replacement plan
33.10are subject to the provisions of this section for any subsequent drainage or filling.
33.11    (i) Except in a greater than 80 percent area, only wetlands that have been restored
33.12from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
33.13wetlands created by dikes or dams along public or private drainage ditches, or wetlands
33.14created by dikes or dams associated with the restoration of previously drained or filled
33.15wetlands may be used in a statewide banking program established in rules adopted under
33.16section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
33.17occurring wetlands from one type to another are not eligible for enrollment in a statewide
33.18wetlands bank.
33.19    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
33.202 , shall ensure that sufficient time has occurred for the wetland to develop wetland
33.21characteristics of soils, vegetation, and hydrology before recommending that the wetland
33.22be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
33.23to believe that the wetland characteristics may change substantially, the panel shall
33.24postpone its recommendation until the wetland has stabilized.
33.25    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
33.26apply to the state and its departments and agencies.
33.27    (l) For projects involving draining or filling of wetlands associated with a new public
33.28transportation project, and for projects expanded solely for additional traffic capacity,
33.29public transportation authorities may purchase credits from the board at the cost to the
33.30board to establish credits. Proceeds from the sale of credits provided under this paragraph
33.31are appropriated to the board for the purposes of this paragraph. For the purposes of this
33.32paragraph, "transportation project" does not include an airport project.
33.33    (m) A replacement plan for wetlands is not required for individual projects that
33.34result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
33.35or replacement of a currently serviceable existing state, city, county, or town public road
33.36necessary, as determined by the public transportation authority, to meet state or federal
34.1design or safety standards or requirements, excluding new roads or roads expanded solely
34.2for additional traffic capacity lanes. This paragraph only applies to authorities for public
34.3transportation projects that:
34.4    (1) minimize the amount of wetland filling or draining associated with the project
34.5and consider mitigating important site-specific wetland functions on site;
34.6    (2) except as provided in clause (3), submit project-specific reports to the board, the
34.7Technical Evaluation Panel, the commissioner of natural resources, and members of the
34.8public requesting a copy at least 30 days prior to construction that indicate the location,
34.9amount, and type of wetlands to be filled or drained by the project or, alternatively,
34.10convene an annual meeting of the parties required to receive notice to review projects to
34.11be commenced during the upcoming year; and
34.12    (3) for minor and emergency maintenance work impacting less than 10,000 square
34.13feet, submit project-specific reports, within 30 days of commencing the activity, to the
34.14board that indicate the location, amount, and type of wetlands that have been filled
34.15or drained.
34.16    Those required to receive notice of public transportation projects may appeal
34.17minimization, delineation, and on-site mitigation decisions made by the public
34.18transportation authority to the board according to the provisions of section 103G.2242,
34.19subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
34.20decisions made by the public transportation authority and provide recommendations
34.21regarding on-site mitigation if requested to do so by the local government unit, a
34.22contiguous landowner, or a member of the Technical Evaluation Panel.
34.23    Except for state public transportation projects, for which the state Department of
34.24Transportation is responsible, the board must replace the wetlands, and wetland areas of
34.25public waters if authorized by the commissioner or a delegated authority, drained or filled
34.26by public transportation projects on existing roads.
34.27    Public transportation authorities at their discretion may deviate from federal and
34.28state design standards on existing road projects when practical and reasonable to avoid
34.29wetland filling or draining, provided that public safety is not unreasonably compromised.
34.30The local road authority and its officers and employees are exempt from liability for
34.31any tort claim for injury to persons or property arising from travel on the highway and
34.32related to the deviation from the design standards for construction or reconstruction under
34.33this paragraph. This paragraph does not preclude an action for damages arising from
34.34negligence in construction or maintenance on a highway.
34.35    (n) If a landowner seeks approval of a replacement plan after the proposed project
34.36has already affected the wetland, the local government unit may require the landowner to
35.1replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
35.2required.
35.3    (o) A local government unit may request the board to reclassify a county or
35.4watershed on the basis of its percentage of presettlement wetlands remaining. After
35.5receipt of satisfactory documentation from the local government, the board shall change
35.6the classification of a county or watershed. If requested by the local government unit,
35.7the board must assist in developing the documentation. Within 30 days of its action to
35.8approve a change of wetland classifications, the board shall publish a notice of the change
35.9in the Environmental Quality Board Monitor.
35.10    (p) One hundred citizens who reside within the jurisdiction of the local government
35.11unit may request the local government unit to reclassify a county or watershed on the basis
35.12of its percentage of presettlement wetlands remaining. In support of their petition, the
35.13citizens shall provide satisfactory documentation to the local government unit. The local
35.14government unit shall consider the petition and forward the request to the board under
35.15paragraph (o) or provide a reason why the petition is denied.

35.16    Sec. 66. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
35.17    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement Impacted
35.18wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less
35.19than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in
35.20a less than 50 percent area. All wetland replacement must follow this priority order:
35.21    (1) on site or in the same minor watershed as the affected impacted wetland;
35.22    (2) in the same watershed as the affected impacted wetland;
35.23    (3) in the same county or wetland bank service area as the affected impacted wetland;
35.24    (4) for replacement by wetland banking, in the same wetland bank service area as
35.25the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
35.26a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
35.27less than 50 percent area;
35.28    (5) for project specific replacement, in an adjacent watershed to the affected wetland,
35.29or for replacement by wetland banking, in an adjacent another wetland bank service
35.30area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent
35.31area and impacts in a less than 50 percent area must be replaced in a less than 50 percent
35.32area; and
35.33    (6) (5) statewide for public transportation projects, except that wetlands affected
35.34impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and
35.35wetlands affected impacted in the seven-county metropolitan area must be replaced at a
36.1ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan
36.2counties, or (iii) in one of the major watersheds that are wholly or partially within the
36.3seven-county metropolitan area, but at least one to one must be replaced within the
36.4seven-county metropolitan area.
36.5    (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
36.6percent areas may follow the priority order under this paragraph: (1) by wetland banking
36.7after evaluating on-site replacement and replacement within the watershed; (2) replaced
36.8in an adjacent wetland bank service area if wetland bank credits are not reasonably
36.9available in the same wetland bank service area as the affected wetland, as determined by
36.10a comprehensive inventory approved by the board; and (3) statewide.
36.11    (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
36.12metropolitan area must follow the priority order under this paragraph: (1) in the affected
36.13county; (2) in another of the seven metropolitan counties; or (3) in one of the major
36.14watersheds that are wholly or partially within the seven-county metropolitan area, but at
36.15least one to one must be replaced within the seven-county metropolitan area.
36.16    (d) The exception in paragraph (a), clause (6) (5), does not apply to replacement
36.17completed using wetland banking credits established by a person who submitted a
36.18complete wetland banking application to a local government unit by April 1, 1996.
36.19    (e) (c) When reasonable, practicable, and environmentally beneficial replacement
36.20opportunities are not available in siting priorities listed in paragraph (a), the applicant
36.21may seek opportunities at the next level.
36.22    (f) (d) For the purposes of this section, "reasonable, practicable, and environmentally
36.23beneficial replacement opportunities" are defined as opportunities that:
36.24    (1) take advantage of naturally occurring hydrogeomorphological conditions and
36.25require minimal landscape alteration;
36.26    (2) have a high likelihood of becoming a functional wetland that will continue
36.27in perpetuity;
36.28    (3) do not adversely affect other habitat types or ecological communities that are
36.29important in maintaining the overall biological diversity of the area; and
36.30    (4) are available and capable of being done after taking into consideration cost,
36.31existing technology, and logistics consistent with overall project purposes.
36.32    (e) Applicants and local government units shall rely on board-approved
36.33comprehensive inventories of replacement opportunities and watershed conditions,
36.34including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
36.352010), in determining whether reasonable, practicable, and environmentally beneficial
36.36replacement opportunities are available.
37.1    (g) (f) Regulatory agencies, local government units, and other entities involved in
37.2wetland restoration shall collaborate to identify potential replacement opportunities within
37.3their jurisdictional areas.

37.4    Sec. 67. Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to
37.5read:
37.6    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
37.7for a wetland boundary or type determination from the local government unit. The
37.8landowner applying for the determination is responsible for submitting proof necessary
37.9to make the determination, including, but not limited to, wetland delineation field data,
37.10observation well data, topographic mapping, survey mapping, and information regarding
37.11soils, vegetation, hydrology, and groundwater both within and outside of the proposed
37.12wetland boundary.
37.13    (b) A local government unit that receives an application under paragraph (a) may
37.14seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
37.15if necessary, expand the Technical Evaluation Panel. The local government unit may
37.16delegate the decision authority for wetland boundary or type determinations to designated
37.17staff, or establish other procedures it considers appropriate.
37.18    (c) The local government unit decision must be made in compliance with section
37.1915.99 . Within ten calendar days of the decision, the local government unit decision must
37.20be mailed or sent by electronic transmission to the landowner, members of the Technical
37.21Evaluation Panel, the watershed district or watershed management organization, if one
37.22exists, and individual members of the public who request a copy.
37.23    (d) Appeals of decisions made by designated local government staff must be made
37.24to the local government unit. Notwithstanding any law to the contrary, a ruling on an
37.25appeal must be made by the local government unit within 30 days from the date of the
37.26filing of the appeal.
37.27    (e) The local government unit decision is valid for three five years unless the
37.28Technical Evaluation Panel determines that natural or artificial changes to the hydrology,
37.29vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.

37.30    Sec. 68. Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to
37.31read:
37.32    Subd. 6. Notice of application. (a) Except as provided in paragraph (b), within ten
37.33days of receiving an Application for approval of a replacement plan under this section,
37.34must be reviewed by the local government according to section 15.99, subdivision 3,
38.1paragraph (a). Copies of the complete application must be mailed or sent by electronic
38.2transmission to the members of the Technical Evaluation Panel, the managers of the
38.3watershed district if one exists, and the commissioner of natural resources. Individual
38.4members of the public who request a copy shall be provided information to identify the
38.5applicant and the location and scope of the project.
38.6    (b) Within ten days of receiving an application for approval of a replacement plan
38.7under this section for an activity affecting less than 10,000 square feet of wetland, a
38.8summary of the application must be mailed to the members of the Technical Evaluation
38.9Panel, individual members of the public who request a copy, and the commissioner
38.10of natural resources.
38.11    (c) For the purpose of this subdivision, "application" includes a revised application
38.12for replacement plan approval and an application for a revision to an approved replacement
38.13plan if:
38.14    (1) the wetland area to be drained or filled under the revised replacement plan is at
38.15least ten percent larger than the area to be drained or filled under the original replacement
38.16plan; or
38.17    (2) the wetland area to be drained or filled under the revised replacement is located
38.18more than 500 feet from the area to be drained or filled under the original replacement plan.

38.19    Sec. 69. Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to
38.20read:
38.21    Subd. 7. Notice of decision. Within ten days of the approval or denial of a
38.22replacement plan under this section, a summary of the approval or denial notice of the
38.23decision must be mailed or sent by electronic transmission to members of the Technical
38.24Evaluation Panel, the applicant, individual members of the public who request a copy,
38.25the managers of the watershed district, if one exists, and the commissioner of natural
38.26resources.

38.27    Sec. 70. Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to
38.28read:
38.29    Subd. 9. Appeal Appeals to the board. (a) Appeal of a replacement plan,
38.30sequencing, exemption, wetland banking, wetland boundary or type determination, or
38.31no-loss decision, or restoration order may be obtained by mailing a petition and payment
38.32of a filing fee, which shall be retained by the board to defray administrative costs, to
38.33the board within 30 days after the postmarked date of the mailing or date of sending by
38.34electronic transmission specified in subdivision 7. If appeal is not sought within 30 days,
39.1the decision becomes final. If the petition for hearing is accepted, the amount posted must
39.2be returned to the petitioner. Appeal may be made by:
39.3    (1) the wetland owner;
39.4    (2) any of those to whom notice is required to be mailed or sent by electronic
39.5transmission under subdivision 7; or
39.6    (3) 100 residents of the county in which a majority of the wetland is located.
39.7    (b) Within 30 days after receiving a petition, the board shall decide whether to
39.8grant the petition and hear the appeal. The board shall grant the petition unless the board
39.9finds that:
39.10    (1) the appeal is meritless without significant merit, trivial, or brought solely for the
39.11purposes of delay;
39.12    (2) the petitioner has not exhausted all local administrative remedies;
39.13    (3) expanded technical review is needed;
39.14    (4) the local government unit's record is not adequate; or
39.15    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
39.16by the local government unit.
39.17    (c) In determining whether to grant the appeal, the board, executive director, or
39.18dispute resolution committee shall also consider the size of the wetland, other factors in
39.19controversy, any patterns of similar acts by the local government unit or petitioner, and
39.20the consequences of the delay resulting from the appeal.
39.21    (d) All appeals If an appeal is granted, the appeal must be heard by the committee
39.22for dispute resolution of the board, and a decision must be made by the board within 60
39.23days of filing the local government unit's record and the written briefs submitted for
39.24the appeal and the hearing. The decision must be served by mail on or by electronic
39.25transmission to the parties to the appeal, and is not subject to the provisions of chapter
39.2614. A decision whether to grant a petition for appeal and a decision on the merits of an
39.27appeal must be considered the decision of an agency in a contested case for purposes of
39.28judicial review under sections 14.63 to 14.69.
39.29    (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
39.30defray the administrative costs of appeals made to the board under this subdivision. Fees
39.31established under this authority shall not exceed $1,000. Establishment of the fee is not
39.32subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

39.33    Sec. 71. Minnesota Statutes 2010, section 103G.2242, is amended by adding a
39.34subdivision to read:
40.1    Subd. 9a. Appeals of restoration or replacement orders. A landowner or other
40.2responsible party may appeal the terms and conditions of a restoration or replacement
40.3order within 30 days of receipt of written notice of the order. The time frame for the appeal
40.4may be extended beyond 30 days by mutual agreement, in writing, between the landowner
40.5or responsible party, the local government unit, and the enforcement authority. If the
40.6written request is not submitted within 30 days, the order is final. The board's executive
40.7director must review the request and supporting evidence and render a decision within 60
40.8days of receipt of a petition. A decision on an appeal must be considered the decision of an
40.9agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.

40.10    Sec. 72. Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to
40.11read:
40.12    Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank
40.13accounts and transactions as follows:
40.14    (1) account maintenance annual fee: one percent of the value of credits not to
40.15exceed $500;
40.16    (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not
40.17to exceed $1,000 per establishment, deposit, or transfer; and
40.18    (3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
40.19    (b) The board may establish fees at or below the amounts in paragraph (a) for
40.20single-user or other dedicated wetland banking accounts.
40.21    (c) Fees for single-user or other dedicated wetland banking accounts established
40.22pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment
40.23of a wetland banking account and are assessed at the rate of 6.5 percent of the value of
40.24the credits not to exceed $1,000.

40.25    Sec. 73. Minnesota Statutes 2010, section 103G.2251, is amended to read:
40.26103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK
40.27CREDIT.
40.28    In greater than 80 percent areas, preservation of wetlands owned by the state or a
40.29local unit of government, protected by a permanent conservation easement as defined
40.30under section 84C.01 and held by the board, may be eligible for wetland replacement
40.31or mitigation credits, according to rules adopted by the board. To be eligible for credit
40.32under this section, a conservation easement must be established after May 24, 2008,
40.33and approved by the board. Wetland areas on private lands preserved under this section
41.1are not eligible for replacement or mitigation credit if the area has been protected using
41.2public conservation funds.

41.3    Sec. 74. [103G.2373] ELECTRONIC TRANSMISSION.
41.4    For purposes of sections 103G.2212 to 103G.2372, notices and other documents
41.5may be sent by electronic transmission unless the recipient has provided a mailing address
41.6and specified that mailing is preferred.

41.7    Sec. 75. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
41.8    Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made
41.9issuing or denying the permit, the applicant, the managers of the watershed district, the
41.10board of supervisors of the soil and water conservation district, or the mayor council or
41.11board of the municipality may file a demand for hearing on the application. The demand
41.12for a hearing must be filed within 30 days after mailed notice of the order with the bond
41.13required by subdivision 6.
41.14    (b) The commissioner must give notice as provided in subdivision 2, hold a hearing
41.15on the application, and make a determination on issuing or denying the permit as though
41.16the previous order had not been made.
41.17    (c) The order issuing or denying the permit becomes final at the end of 30 days after
41.18mailed notice of the order to the applicant, the managers of the watershed district, the
41.19board of supervisors of the soil and water conservation district, or the mayor council or
41.20board of the municipality, and an appeal of the order may not be taken if:
41.21    (1) the commissioner waives a hearing and a demand for a hearing is not made; or
41.22    (2) a hearing is demanded but a bond is not filed as required by subdivision 6.

41.23    Sec. 76. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
41.24    Subdivision 1. Authorization Issuance; validity. (a) The commissioner may issue
41.25permits, with or without a fee, to:
41.26    (1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
41.27waters;
41.28    (2) transplant aquatic plants into public waters;
41.29    (3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
41.30under prescribed conditions to protect the waters, desirable species of fish, vegetation,
41.31other forms of aquatic life, and the public.
41.32    (b) Application for a permit must be accompanied by a permit fee, if required.
42.1    (c) An aquatic plant management permit is valid for one growing season and expires
42.2on December 31 of the year it is issued unless the commissioner stipulates a different
42.3expiration date in rule or in the permit.
42.4EFFECTIVE DATE.This section is effective the day following final enactment.

42.5    Sec. 77. Minnesota Statutes 2010, section 103G.615, is amended by adding a
42.6subdivision to read:
42.7    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
42.8management permit" means an aquatic plant management permit as defined in Minnesota
42.9Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic
42.10plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
42.11the invasive aquatic plant.
42.12    (b) The commissioner may waive the dated signature of approval requirement in
42.13Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management
42.14permits if obtaining signatures would create an undue burden on the permittee or if
42.15the commissioner determines that aquatic plant control is necessary to protect natural
42.16resources.
42.17    (c) If the signature requirement is waived under paragraph (b) because obtaining
42.18signatures would create an undue burden on the permittee, the commissioner shall require
42.19an alternate form of landowner notification, including news releases or public notices in
42.20a local newspaper, a public meeting, or a mailing to the most recent permanent address
42.21of affected landowners. The notification must be given annually and must include: the
42.22proposed date of treatment, the target species, the method of control or product being
42.23used, and instructions on how the landowner may request that control not occur adjacent
42.24to the landowner's property.
42.25    (d) For an invasive aquatic plant management permit, the commissioner may allow
42.26dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart
42.271a, to remain valid for three years if property ownership remains unchanged.
42.28EFFECTIVE DATE.This section is effective the day following final enactment.

42.29    Sec. 78. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision
42.30to read:
42.31    Subd. 11. Aquatic application of pesticides. (a) The agency may issue under
42.32requirement of the federal government national pollutant discharge elimination system
42.33permits for pesticide applications for the following designated use patterns:
43.1    (1) mosquitoes and other flying insect pests;
43.2    (2) forest canopy pests;
43.3    (3) aquatic nuisance animals; and
43.4    (4) vegetative pests and algae.
43.5If the federal government no longer requires a permit for a designated use pattern,
43.6the agency must immediately terminate the permit. The agency shall not require permits
43.7for aquatic pesticide applications other than those designated use patterns required by
43.8the federal government.
43.9(b) The agency shall not regulate or require permits for the terrestrial application of
43.10pesticides or any other pesticide related permit except as provided in paragraph (a).

43.11    Sec. 79. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
43.12    Subd. 2. Local ordinances. (a) All counties must adopt ordinances that comply
43.13with revisions to the subsurface sewage treatment system rules within two years of the
43.14final adoption by the agency unless all towns and cities in the county have adopted such
43.15ordinances. County ordinances must apply to all areas of the county other than cities or
43.16towns that have adopted ordinances that comply with this section and are as strict as
43.17the applicable county ordinances.
43.18    (b) A copy of each ordinance adopted under this subdivision must be submitted to
43.19the commissioner upon adoption.
43.20    (c) A local unit of government must make available to the public upon request a
43.21written list of any differences between its ordinances and rules adopted under this section.

43.22    Sec. 80. Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to
43.23read:
43.24    Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are
43.25separated from mixed municipal solid waste for the purpose of recycling or composting,
43.26including paper, glass, plastics, metals, automobile oil, and batteries, and source-separated
43.27compostable materials. Refuse-derived fuel or other material that is destroyed by
43.28incineration is not a recyclable material.

43.29    Sec. 81. Minnesota Statutes 2010, section 115A.95, is amended to read:
43.30115A.95 RECYCLABLE MATERIALS.
43.31    (a) Recyclable materials must be delivered to the appropriate materials processing
43.32facility as outlined in Minnesota Rules, parts 7035.2836 and 7035.2845, or any other
43.33facility permitted to recycle or compost the materials.
44.1    (b) A disposal facility or a resource recovery facility that is composting mixed
44.2municipal solid waste, burning waste, or converting waste to energy or to materials for
44.3combustion may not accept source-separated recyclable materials, and a solid waste
44.4collector or transporter may not deliver source-separated recyclable materials to such a
44.5facility, except for recycling or transfer to a recycler, unless the commissioner determines
44.6that no other person is willing to accept the recyclable materials.

44.7    Sec. 82. Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read:
44.8    Subd. 8. Transfer of title; disposal of property. The owner of a qualified facility
44.9may, as part of the owner's activities under section 115B.40, subdivision 4 or 5, offer to
44.10transfer title to all or any portion of the property described in the facility's most recent
44.11permit, including any property adjacent to that property the owner wishes to transfer, to
44.12the commissioner. The commissioner may accept the transfer of title if the commissioner
44.13determines that to do so is in the best interest of the state. If, after transfer of title to the
44.14property, the commissioner determines that no further response actions are required on the
44.15portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in
44.16the best interest of the state to dispose of property acquired under this subdivision, the
44.17commissioner may do so under section 115B.17, subdivision 16. The property disposed of
44.18under this subdivision is no longer part of the qualified facility.
44.19EFFECTIVE DATE.This section is effective the day following final enactment.

44.20    Sec. 83. Minnesota Statutes 2010, section 115B.412, is amended by adding a
44.21subdivision to read:
44.22    Subd. 8a. Boundary modification. The commissioner may modify the boundaries
44.23of a qualified facility to exclude certain property if the commissioner determines that no
44.24further response actions are required to be conducted under sections 115B.39 to 115B.445
44.25on the excluded property and the excluded property is not affected by disposal activities
44.26on the remaining portions of the qualified facility. Any property excluded under this
44.27subdivision is no longer part of the qualified facility.
44.28EFFECTIVE DATE.This section is effective the day following final enactment.

44.29    Sec. 84. Minnesota Statutes 2010, section 115B.412, is amended by adding a
44.30subdivision to read:
44.31    Subd. 8b. Delisting. If all solid waste from a qualified facility has been relocated
44.32outside the qualified facility's boundaries and the commissioner has determined that no
45.1further response actions are required on the property under sections 115B.39 to 115B.445,
45.2the commissioner may delist the facility by removing it from the priority list established
45.3under section 115B.40, subdivision 2, after which the property shall no longer be a
45.4qualified facility. The commissioner has no further responsibilities under sections 115B.39
45.5to 115B.445 for a facility delisted under this subdivision.
45.6EFFECTIVE DATE.This section is effective the day following final enactment.

45.7    Sec. 85. [116C.261] ENVIRONMENTAL PERMIT PLAN TIMELINE
45.8REQUIREMENT.
45.9If environmental review under chapter 116D will be conducted for a project and a
45.10state agency is the responsible government unit that state agency shall prepare:
45.11(1) a plan that will coordinate administrative decision-making practices, including
45.12monitoring, analysis and reporting, and public comments and hearings; and
45.13(2) a timeline for the issuance of all federal, state, and local permits required for
45.14the project.
45.15The plan and timeline shall be delivered to the project proposer by the time the
45.16environmental assessment worksheet or draft environmental impact statement is published
45.17in the EQB Monitor.

45.18    Sec. 86. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
45.19Laws 2011, chapter 4, section 6, is amended to read:
45.20    Subd. 2a. When prepared. Where there is potential for significant environmental
45.21effects resulting from any major governmental action, the action shall be preceded by a
45.22detailed environmental impact statement prepared by the responsible governmental unit.
45.23The environmental impact statement shall be an analytical rather than an encyclopedic
45.24document which describes the proposed action in detail, analyzes its significant
45.25environmental impacts, discusses appropriate alternatives to the proposed action and
45.26their impacts, and explores methods by which adverse environmental impacts of an
45.27action could be mitigated. The environmental impact statement shall also analyze those
45.28economic, employment and sociological effects that cannot be avoided should the action
45.29be implemented. To ensure its use in the decision-making process, the environmental
45.30impact statement shall be prepared as early as practical in the formulation of an action.
45.31No mandatory environmental impact statement may be required for an ethanol plant,
45.32as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
45.33125,000,000 gallons of ethanol annually and is located outside of the seven-county
45.34metropolitan area.
46.1    (a) The board shall by rule establish categories of actions for which environmental
46.2impact statements and for which environmental assessment worksheets shall be prepared
46.3as well as categories of actions for which no environmental review is required under this
46.4section. A mandatory environmental assessment worksheet shall not be required for the
46.5expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
46.6(b), or the conversion of an ethanol plant to a biobutanol facility as defined in section
46.741A.105, subdivision 1a, based on the capacity of the expanded or converted facility to
46.8produce alcohol fuel, but must be required if the ethanol plant meets or exceeds thresholds
46.9of other categories of actions for which environmental assessment worksheets must be
46.10prepared. The responsible governmental unit for an ethanol plant project for which an
46.11environmental assessment worksheet is prepared shall be the state agency with the greatest
46.12responsibility for supervising or approving the project as a whole.
46.13    (b) The responsible governmental unit shall promptly publish notice of the
46.14completion of an environmental assessment worksheet in a manner to be determined by
46.15the board and shall provide copies of the environmental assessment worksheet to the board
46.16and its member agencies. Comments on the need for an environmental impact statement
46.17may be submitted to the responsible governmental unit during a 30-day period following
46.18publication of the notice that an environmental assessment worksheet has been completed.
46.19The responsible governmental unit's decision on the need for an environmental impact
46.20statement shall be based on the environmental assessment worksheet and the comments
46.21received during the comment period, and shall be made within 15 days after the close of
46.22the comment period. The board's chair may extend the 15-day period by not more than 15
46.23additional days upon the request of the responsible governmental unit.
46.24    (c) An environmental assessment worksheet shall also be prepared for a proposed
46.25action whenever material evidence accompanying a petition by not less than 25 100
46.26individuals who reside or own property in the state, submitted before the proposed
46.27project has received final approval by the appropriate governmental units, demonstrates
46.28that, because of the nature or location of a proposed action, there may be potential for
46.29significant environmental effects. Petitions requesting the preparation of an environmental
46.30assessment worksheet shall be submitted to the board. The chair of the board shall
46.31determine the appropriate responsible governmental unit and forward the petition to it.
46.32A decision on the need for an environmental assessment worksheet shall be made by
46.33the responsible governmental unit within 15 days after the petition is received by the
46.34responsible governmental unit. The board's chair may extend the 15-day period by not
46.35more than 15 additional days upon request of the responsible governmental unit.
47.1    (d) Except in an environmentally sensitive location where Minnesota Rules, part
47.24410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
47.3review under this chapter and rules of the board, if:
47.4    (1) the proposed action is:
47.5    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
47.6    (ii) an expansion of an existing animal feedlot facility with a total cumulative
47.7capacity of less than 1,000 animal units;
47.8    (2) the application for the animal feedlot facility includes a written commitment by
47.9the proposer to design, construct, and operate the facility in full compliance with Pollution
47.10Control Agency feedlot rules; and
47.11    (3) the county board holds a public meeting for citizen input at least ten business
47.12days prior to the Pollution Control Agency or county issuing a feedlot permit for the
47.13animal feedlot facility unless another public meeting for citizen input has been held with
47.14regard to the feedlot facility to be permitted. The exemption in this paragraph is in
47.15addition to other exemptions provided under other law and rules of the board.
47.16    (e) The board may, prior to final approval of a proposed project, require preparation
47.17of an environmental assessment worksheet by a responsible governmental unit selected
47.18by the board for any action where environmental review under this section has not been
47.19specifically provided for by rule or otherwise initiated.
47.20    (f) An early and open process shall be utilized to limit the scope of the environmental
47.21impact statement to a discussion of those impacts, which, because of the nature or location
47.22of the project, have the potential for significant environmental effects. The same process
47.23shall be utilized to determine the form, content and level of detail of the statement as well
47.24as the alternatives which are appropriate for consideration in the statement. In addition,
47.25the permits which will be required for the proposed action shall be identified during the
47.26scoping process. Further, the process shall identify those permits for which information
47.27will be developed concurrently with the environmental impact statement. The board
47.28shall provide in its rules for the expeditious completion of the scoping process. The
47.29determinations reached in the process shall be incorporated into the order requiring the
47.30preparation of an environmental impact statement.
47.31    (g) The responsible governmental unit shall, to the extent practicable, avoid
47.32duplication and ensure coordination between state and federal environmental review
47.33and between environmental review and environmental permitting. Whenever practical,
47.34information needed by a governmental unit for making final decisions on permits or
47.35other actions required for a proposed project shall be developed in conjunction with the
47.36preparation of an environmental impact statement.
48.1    (h) An environmental impact statement shall be prepared and its adequacy
48.2determined within 280 days after notice of its preparation unless the time is extended by
48.3consent of the parties or by the governor for good cause. The responsible governmental
48.4unit shall determine the adequacy of an environmental impact statement, unless within 60
48.5days after notice is published that an environmental impact statement will be prepared,
48.6the board chooses to determine the adequacy of an environmental impact statement. If an
48.7environmental impact statement is found to be inadequate, the responsible governmental
48.8unit shall have 60 days to prepare an adequate environmental impact statement.
48.9    (i) The proposer of a specific action may include in the information submitted to the
48.10responsible governmental unit a preliminary draft environmental impact statement under
48.11this section on that action for review, modification, and determination of completeness and
48.12adequacy by the responsible governmental unit. A preliminary draft environmental impact
48.13statement prepared by the project proposer and submitted to the responsible governmental
48.14unit shall identify or include as an appendix all studies and other sources of information
48.15used to substantiate the analysis contained in the preliminary draft environmental impact
48.16statement. The responsible governmental unit shall require additional studies, if needed,
48.17and obtain from the project proposer all additional studies and information necessary for
48.18the responsible governmental unit to perform its responsibility to review, modify, and
48.19determine the completeness and adequacy of the environmental impact statement.

48.20    Sec. 87. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
48.21    Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
48.22designed and originally manufactured to operate primarily on highways, and not operated
48.23exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
48.24self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
48.25by electric power obtained from overhead trolley wires but not operated upon rails. It does
48.26not include snowmobiles, manufactured homes, or park trailers.
48.27    (b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
48.28(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
48.29and (3) displays both disability plates and a physically disabled certificate issued under
48.30section 169.345.
48.31    (c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
48.32vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
48.33before August 1, 1985. The owner may continue to license an all-terrain vehicle described
48.34in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
49.1owner, is destroyed, or fails to comply with the registration and licensing requirements
49.2of this chapter.
49.3    (d) "Motor vehicle" does not include an electric personal assistive mobility device as
49.4defined in section 169.011, subdivision 26.
49.5    (e) "Motor vehicle" does not include a motorized foot scooter as defined in section
49.6169.011, subdivision 46 .
49.7    (f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
49.8requirements of chapter 169 according to section 84.788, subdivision 12.
49.9EFFECTIVE DATE.This section is effective January 1, 2012.

49.10    Sec. 88. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
49.11    Subdivision 1. Designation of roadway, permit. The governing body of any county,
49.12home rule charter or statutory city, or town may by ordinance authorize the operation of
49.13motorized golf carts, four-wheel all-terrain vehicles, utility task vehicles, or mini trucks,
49.14on designated roadways or portions thereof under its jurisdiction. Authorization to operate
49.15a motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck is
49.16by permit only. For purposes of this section, a four-wheel:
49.17(1) an all-terrain vehicle is a motorized flotation-tired vehicle with four low-pressure
49.18tires that is limited in engine displacement of less than 800 cubic centimeters and total dry
49.19weight less than 600 pounds, and has the meaning given in section 84.92;
49.20(2) a mini truck has the meaning given in section 169.011, subdivision 40a.; and
49.21(3) a utility task vehicle means a side-by-side four-wheel drive off-road vehicle that
49.22has four wheels, is propelled by an internal combustion engine with a piston displacement
49.23capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
49.24than 2,600 pounds.

49.25    Sec. 89. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
49.26    Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
49.27form of the application for the permit, require evidence of insurance complying with the
49.28provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
49.29with the provisions of this section, under which a permit may be granted. Permits may be
49.30granted for a period of not to exceed one year three years, and may be annually renewed.
49.31A permit may be revoked at any time if there is evidence that the permittee cannot safely
49.32operate the motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini
49.33truck on the designated roadways. The ordinance may require, as a condition to obtaining
49.34a permit, that the applicant submit a certificate signed by a physician that the applicant
50.1is able to safely operate a motorized golf cart, four-wheel all-terrain vehicle, utility task
50.2vehicle, or mini truck on the roadways designated.

50.3    Sec. 90. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
50.4    Subd. 3. Times of operation. Motorized golf carts and four-wheel, all-terrain
50.5vehicles, and utility task vehicles may only be operated on designated roadways from
50.6sunrise to sunset, unless equipped with original equipment headlights, taillights, and
50.7rear-facing brake lights. They shall not be operated in inclement weather, except during
50.8emergency conditions as provided in the ordinance, or when visibility is impaired by
50.9weather, smoke, fog or other conditions, or at any time when there is insufficient light
50.10visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.

50.11    Sec. 91. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
50.12    Subd. 5. Crossing intersecting highways. The operator, under permit, of a
50.13motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck may
50.14cross any street or highway intersecting a designated roadway.

50.15    Sec. 92. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
50.16    Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
50.17four-wheel all-terrain vehicle, utility task vehicle, or mini truck under permit on designated
50.18roadways has all the rights and duties applicable to the driver of any other vehicle under
50.19the provisions of this chapter, except when those provisions cannot reasonably be applied
50.20to motorized golf carts, four-wheel all-terrain vehicles, utility task vehicles, or mini trucks
50.21and except as otherwise specifically provided in subdivision 7.

50.22    Sec. 93. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
50.23    Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
50.24applicable to persons operating mini trucks, but are not applicable to persons operating
50.25motorized golf carts, utility task vehicles, or four-wheel all-terrain vehicles under permit
50.26on designated roadways pursuant to this section. Except for the requirements of section
50.27169.70 , the provisions of this chapter relating to equipment on vehicles are not applicable
50.28to motorized golf carts, utility task vehicles, or four-wheel all-terrain vehicles operating,
50.29under permit, on designated roadways.

50.30    Sec. 94. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
51.1    Subd. 8. Insurance. In the event persons operating a motorized golf cart, four-wheel
51.2utility task vehicle, all-terrain vehicle, or mini truck under this section cannot obtain
51.3liability insurance in the private market, that person may purchase automobile insurance,
51.4including no-fault coverage, from the Minnesota Automobile Insurance Plan under
51.5sections 65B.01 to 65B.12, at a rate to be determined by the commissioner of commerce.

51.6    Sec. 95. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
51.7to read:
51.8    Subd. 16. Exemption for recreational vehicle manufacturer. A person
51.9responsible for the product may offer for sale, sell, or dispense gasoline that is not
51.10oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
51.11for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
51.12motorcycles, or recreational vehicles.

51.13    Sec. 96. Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read:
51.14    Subd. 2. Fees. For the purposes of sections 398.31 to 398.36, the county board of
51.15any county may prescribe and provide for the collection of fees for the use of any county
51.16park or other unit of the county park system or any facilities, accommodations, or services
51.17provided for public use therein, such fees not to exceed that prescribed in state parks.
51.18EFFECTIVE DATE.This section is effective the day following final enactment.

51.19    Sec. 97. Laws 2010, chapter 361, article 4, section 73, is amended to read:
51.20    Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
51.21ADOPTION DELAY.
51.22    (a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
51.23adopt an ordinance: by February 4, 2012, to comply with the February 4, 2008, revisions
51.24to subsurface sewage treatment system rules for subsurface sewage treatment systems with
51.25an average daily sewage flow of more than 2,500 gallons per day; and by February 4, 2014,
51.26to comply with the February 4, 2008, revisions to subsurface sewage treatment system
51.27rules for subsurface sewage treatment systems with an average daily sewage flow of 2,500
51.28gallons per day or less. By April 4, 2011, the Pollution Control Agency shall adopt the
51.29final rule amendments to the February 4, 2008, subsurface sewage treatment system rules.
51.30A county must continue to enforce its current ordinance until a new one has been adopted.
51.31    (b) By January 15, 2011, the agency, after consultation with the Board of Water and
51.32Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
52.1ranking minority members of the senate and house of representatives environment and
52.2natural resources policy and finance committees and divisions on:
52.3    (1) the technical changes in the rules for subsurface sewage treatment systems
52.4that were adopted on February 4, 2008;
52.5    (2) the progress in local adoption of ordinances to comply with the rules; and
52.6    (3) the progress in protecting the state's water resources from pollution due to
52.7subsurface sewage treatment systems.

52.8    Sec. 98. SHALLOW LAKES MANAGEMENT REPORT.
52.9    By January 1, 2012, the commissioner of natural resources shall submit a report to
52.10the senate and house of representatives committees and divisions with jurisdiction over
52.11natural resources policy that includes:
52.12    (1) a summary of the science and ecology of shallow lakes;
52.13    (2) a summary of the significance of shallow lakes to continental and state waterfowl
52.14populations and Minnesota's waterfowl heritage;
52.15    (3) examples and documented results of previous temporary water-level management
52.16activities;
52.17    (4) a list of current statutes and rules applicable to shallow lakes including, but not
52.18limited to, water-level management of shallow lakes and drainage law under chapter
52.19103E; and
52.20    (5) a list of any changes to statute necessary that would allow the commissioner of
52.21natural resources, through shallow lake management, to better achieve the state's wildlife
52.22habitat and clean water goals and address the threats of invasive species, including carp
52.23and the use of fish barriers.

52.24    Sec. 99. CONSUMPTIVE USE OF WATER.
52.25Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
52.26approves of the consumptive use of water under a permit of more than 2,000,000 gallons
52.27per day average in a 30-day period in Cook County, in connection with snowmaking
52.28and potable water. Notwithstanding any other law to the contrary, the permit for the
52.29consumptive use of water approved under this section shall be issued, subject to the
52.30fees specified under Minnesota Statutes, section 103G.271, without any additional
52.31administrative process to withdraw up to 150,000,000 gallons of water annually for
52.32snowmaking and potable water purposes. The permit authorized under this section shall
52.33be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more
52.34than five consecutive days. The permit shall be for a term of five years.

53.1    Sec. 100. RULEMAKING; SOLID WASTE LAND DISPOSAL FACILITY
53.2PERMITS.
53.3    (a) The commissioner of the Pollution Control Agency shall amend Minnesota
53.4Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account
53.5site capacity for a solid waste land disposal facility.
53.6(b) In amending the rules under this section, the commissioner of the Pollution
53.7Control Agency may use the good cause exemption under Minnesota Statutes, section
53.814.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply,
53.9except as provided in Minnesota Statutes, section 14.388.

53.10    Sec. 101. TERRY MCGAUGHEY MEMORIAL BRIDGE.
53.11The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
53.12that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
53.13commissioner shall place signs with the designation on both ends of the bridge.

53.14    Sec. 102. CAMP FIVE TOWNSHIP EASEMENT LEASE.
53.15(a) By September 1, 2011, the commissioner of natural resources shall grant to the
53.16local township a road easement across state land administered by the commissioner in
53.17Sections 16 and 21, Township 66 N., Range 19 W., St. Louis County.
53.18(b) Provided, however, if the local township will not accept the above-described
53.19easement, the commissioner of natural resources shall grant at fair market value to the
53.20lessee of former State Lease No. 144-012-0425, a 20-year road lease across state land
53.21administered by the commissioner in Sections 16 and 21, Township 66 N., Range 19 W.,
53.22St. Louis County.
53.23(c) Notwithstanding section 16A.125, subdivision 5, the market value fee for the
53.24school lands must be deposited into the permanent school fund.

53.25    Sec. 103. REVISOR'S INSTRUCTION.
53.26    The revisor of statutes shall change the range reference "sections 103F.701 to
53.27103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections
53.28103F.701 to 103F.755."

53.29    Sec. 104. REPEALER.
53.30(a) Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8;
53.3185.013, subdivision 2b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; and
53.32103F.761, are repealed.
54.1(b) Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.
54.2EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.