Minnesota Legislature
SF 2096
3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 3rd Engrossment
2.43 2.44
2.45 2.46 2.47 2.48 2.49 2.50 2.51 3.1 3.2 3.3 3.4 3.5 3.6
3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18
11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 29.36 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28
34.29 34.30 34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 35.36 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 38.36 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5
43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21
43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3
44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16
44.17 44.18
44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23
45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26
46.27
46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11
47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29
47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10
48.11 48.12 48.13 48.14
48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30
48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 49.37 49.38 49.39 49.40 50.1 50.2 50.3 50.4 50.5 50.6 50.7
50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18
50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28
50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7
51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25
51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26
52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13
53.14 53.15 53.16 53.17 53.18 53.19 53.20
53.21
53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24
54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33
54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15
55.16
55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31
55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14
56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27
56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11
57.12 57.13 57.14 57.15 57.16 57.17 57.18
57.19 57.20 57.21 57.22 57.23 57.24 57.25
57.26 57.27 57.28 57.29 57.30
57.31 57.32 58.1 58.2 58.3 58.4
58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16
58.17 58.18 58.19 58.20
58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21
59.22 59.23 59.24 59.25 59.26 59.27
59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5
60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18
60.19 60.20 60.21 60.22 60.23
60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4 61.5
61.6 61.7 61.8 61.9 61.10 61.11 61.12
61.13 61.14 61.15 61.16 61.17 61.18 61.19
61.20 61.21 61.22 61.23 61.24
61.25 61.26 61.27 61.28 61.29
61.30 61.31 62.1 62.2 62.3
62.4 62.5 62.6 62.7
62.8 62.9 62.10 62.11
62.12 62.13 62.14 62.15 62.16 62.17 62.18
62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27
62.28 62.29 62.30 62.31 63.1 63.2 63.3 63.4
63.5 63.6 63.7 63.8 63.9 63.10
63.11 63.12 63.13
63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26
63.27 63.28 63.29
63.30 63.31 63.32
64.1 64.2 64.3 64.4 64.5
64.6 64.7 64.8 64.9 64.10 64.11
64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33
65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8
65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19
65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5
66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17
66.18 66.19 66.20 66.21 66.22
66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32
67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8
67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17
67.18 67.19 67.20 67.21
67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20
68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34
69.1 69.2 69.3
69.4 69.5 69.6 69.7
69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15
69.16
69.17 69.18 69.19
69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29
70.30 70.31 70.32 70.33 70.34 71.1 71.2
71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25
71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4
72.5 72.6 72.7
72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24
72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14
73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33
73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9
74.10 74.11 74.12 74.13 74.14
74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29
74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7
75.8 75.9
75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21
75.22 75.23
75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10
76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21
76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3
77.4
77.5 77.6 77.7 77.8 77.9 77.10 77.11
77.12 77.13 77.14 77.15 77.16 77.17
77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27
77.28 77.29 77.30 77.31 77.32
78.1 78.2 78.3 78.4
78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15
78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25
78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20
79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28
79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11
80.12
80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6
81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16
81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25
81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11
82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20
82.21 82.22 82.23 82.24 82.25
82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26
83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34
84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11
84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5
85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13
85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24
85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16
86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26
86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7
87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2
90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 91.36 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29
93.30
93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13
95.14
95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 96.36 97.1 97.2 97.3
97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20
98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 99.1 99.2
99.3
99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8
100.9
100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20
101.21
101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6
102.7
102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33
102.34
103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26
103.27
103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29
104.30
104.31 104.32 104.33 104.34 104.35 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26
105.27
105.28 105.29 105.30 105.31 105.32 105.33
105.34
106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30
106.31
106.32 106.33 107.1 107.2 107.3 107.4 107.5 107.6 107.7
107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23
107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35 109.1 109.2 109.3
109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17
109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12
110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25
110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3
111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13
111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8
112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8
113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34
114.35 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 115.35 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 117.1 117.2 117.3 117.4 117.5 117.6
117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 118.35 118.36
119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15
119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 120.36 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 122.36 123.1 123.2
123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27
123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25
124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 125.1 125.2 125.3 125.4
125.5 125.6 125.7 125.8 125.9 125.10 125.11
125.12 125.13 125.14 125.15 125.16 125.17 125.18
125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27
125.28 125.29 125.30 125.31 125.32 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26
126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7
127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 128.1 128.2 128.3 128.4 128.5 128.6
128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28
128.29
128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36
130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19
130.20 130.21 130.22 130.23 130.24
130.25 130.26 130.27 130.28 130.29
130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8
131.9
131.10 131.11 131.12 131.13
131.14 131.15 131.16 131.17 131.18
131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30
131.31
132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25
132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36
134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10
134.11 134.12 134.13 134.14 134.15
134.16 134.17
134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26
134.27 134.28 134.29 134.30 134.31 134.32 134.33 135.1 135.2 135.3 135.4 135.5 135.6
135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 138.36 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 140.36 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 141.36 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 142.36 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 147.1 147.2
147.3
147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14
147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9
148.10 148.11 148.12 148.13 148.14 148.15 148.16
148.17 148.18 148.19 148.20 148.21
148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19
149.20 149.21
149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21
150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12
151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 154.35 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 155.36 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10
156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3
157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28
157.29 157.30 157.31 157.32 157.33 157.34 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9
158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31
158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 159.36 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34
160.35 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 161.36
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11
162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15
163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13
164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14
165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 166.1 166.2
166.3 166.4
166.5
166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21
166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29
167.30 167.31 167.32 167.33 167.34 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2
169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13
169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29
169.30 169.31
170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24
170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32
170.33 171.1 171.2 171.3 171.4 171.5 171.6
171.7 171.8 171.9 171.10 171.11 171.12 171.13
171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15
172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11
173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20
173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32
173.33
174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15
174.16 174.17 174.18
174.19 174.20 174.21 174.22 174.23 174.24 174.25
174.26 174.27 174.28
174.29 174.30 174.31 174.32 174.33
175.1 175.2
175.3 175.4
175.5 175.6 175.7 175.8 175.9
175.10
175.11 175.12 175.13 175.14 175.15
175.16
175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 176.1 176.2 176.3 176.4 176.5 176.6 176.7
176.8
176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25
177.26
177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 178.1 178.2
178.3
178.4 178.5 178.6 178.7 178.8 178.9 178.10
178.11
178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32
179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35 180.36 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9
181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 182.1 182.2 182.3 182.4 182.5
182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18
182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 183.1 183.2 183.3 183.4 183.5
183.6
183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35 184.1 184.2
184.3
184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 184.35 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15
185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26
185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 186.34 186.35 186.36 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14
187.15 187.16 187.17 187.18 187.19 187.20
187.21 187.22 187.23 187.24
187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33
188.1 188.2 188.3 188.4
188.5 188.6 188.7 188.8 188.9
188.10
188.11 188.12
188.13
188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25
189.26
189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 190.1 190.2 190.3 190.4 190.5
190.6
190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4
191.5
191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33
191.34
192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31
192.32
192.33 192.34 192.35 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33
193.34
193.35 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8
194.9
194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22
194.23
194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3
195.4
195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14
195.15
195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18
196.19 196.20 196.21
196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15
197.16
197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 197.35 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22
198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 198.35 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27
199.28 199.29 199.30 199.31 199.32 199.33 199.34 199.35 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12
200.13 200.14
200.15 200.16 200.17 200.18
200.19
200.20 200.21 200.22 200.23 200.24 200.25 200.26
200.27
200.28 200.29 200.30 200.31 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12
201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29
201.30 201.31 201.32 201.33 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13
202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34
203.1
203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25
205.26
205.27 205.28 205.29
205.30 205.31
205.32 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 206.35 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 207.36 208.1 208.2 208.3
208.4
208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19
208.20
208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 209.35 209.36 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29
210.30
210.31 210.32 210.33
210.34
211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10
211.11
211.12 211.13 211.14 211.15 211.16 211.17 211.18
211.19
211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27
212.28
212.29 212.30 212.31 212.32 212.33 212.34 212.35 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19
213.20
213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 214.34 214.35 214.36 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25
215.26
215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12
216.13
216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 216.35 217.1 217.2 217.3
217.4
217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 217.34 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32
218.33
218.34 218.35 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10
220.11
220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24
220.25
220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33
221.1
221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34
221.35
222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10
222.11
222.12 222.13 222.14
222.15 222.16 222.17 222.18
222.19 222.20 222.21 222.22 222.23 222.24
A bill for an act
relating to state government; appropriating money for environment, natural
resources, energy, and commerce; modifying provisions related to agency service
requirements, land acquisition, authorized sales, railroad prairie right-of-ways,
county and municipality comprehensive plans, off-highway vehicles, prairie
plant seed production, invasive species, state recreation areas, canoe routes,
timber sales, mineral payments, wetlands, individual sewage treatment systems,
and genetically engineered organisms; providing for venison donation, plant and
tree pest control, community forest management, penalty orders, and local water
management oversight; modifying disposition of certain revenue; modifying
definitions; authorizing and requiring rulemaking; modifying certain license
requirements; modifying and establishing certain fees and surcharges; modifying
and creating certain accounts and funds; extending sunset of provisions related to
sustainable forest resources and the Mineral Coordinating Committee; modifying
authority of watershed district managers and soil and water conservation district
supervisors; providing for ditch buffers, a clean energy program, environmental
health tracking and biomonitoring, regulation of polybrominated diphenyl
ethers, classification of state forests, trail designation, forest protection, and
lease of certain tax-forfeited land; exempting certain exchanged land from the
tax-forfeited land assurance fee; establishing a wildlife management area;
designating state energy city; creating energy savings incentive and propane
prepurchase programs; modifying provisions for nuclear waste storage, public
utilities, cold weather rule, renewable energy research and production incentives,
hydrogen energy, the Legislative Electric Energy Task Force, and energy
planning; providing for intervenor compensation, low-income affordability
programs, clean resource teams, hydrogen refueling station grants, and carbon
sequestration studies; providing for certain power producing facilities in St.
Paul and Winona; modifying or adding provisions relating to vehicle protection
products, debt management services, long-term care insurance training, financial
institutions, securities regulation, mortgage originators, and low-income
weatherization and energy assistance programs; requiring studies and reports;
providing civil penalties; amending Minnesota Statutes 2006, sections 10A.01,
subdivision 35; 13.712, by adding a subdivision; 15.99, subdivision 3; 16A.531,
subdivision 1a; 17.4984, subdivision 1; 18G.03, by adding a subdivision;
18G.11; 45.011, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision
2; 47.19; 47.59, subdivision 6; 47.60, subdivision 2; 47.62, subdivision 1;
47.75, subdivision 1; 48.15, subdivision 4; 58.04, subdivision 1; 58.05; 58.06,
subdivision 2, by adding a subdivision; 58.08, subdivision 3; 58.10, subdivision
1; 60K.55, subdivision 2; 80A.28, subdivision 1; 80A.65, subdivision 1;
82.24, subdivisions 1, 4; 82B.09, subdivision 1; 84.025, subdivision 9; 84.026,
subdivision 1; 84.027, by adding a subdivision; 84.0272, by adding a subdivision;
84.0855, subdivisions 1, 2; 84.777; 84.780; 84.922, subdivisions 1a, 5; 84.927,
subdivision 2; 84.963; 84D.02, by adding a subdivision; 84D.03, subdivision 1;
84D.12, subdivisions 1, 3; 84D.13, subdivision 7; 84D.14; 85.013, by adding
a subdivision; 85.054, by adding a subdivision; 85.32, subdivision 1; 86B.706,
subdivision 2; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82;
89.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.22,
subdivision 2; 89.51, subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56,
subdivisions 1, 3; 89.57; 89.58; 89.59; 89.60; 89.61; 89A.11; 90.161, by adding a
subdivision; 93.0015, subdivision 3; 93.22, subdivision 1; 97A.045, by adding a
subdivision; 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.133,
by adding a subdivision; 97A.205; 97A.405, subdivision 2; 97A.411, subdivision
1; 97A.451, subdivision 3a; 97A.465, by adding subdivisions; 97A.473,
subdivisions 3, 5; 97A.475, subdivisions 3, 7, 11, 12, by adding a subdivision;
97A.485, subdivision 7; 97B.601, subdivision 3; 97B.715, subdivision 1;
97B.801; 97C.081, subdivision 3; 97C.355, subdivision 2; 103B.101, by adding
a subdivision; 103C.321, by adding a subdivision; 103D.325, by adding a
subdivision; 103E.021, subdivisions 1, 2, 3, by adding a subdivision; 103E.315,
subdivision 8; 103E.321, subdivision 1; 103E.701, by adding a subdivision;
103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2; 103G.222, subdivisions
1, 3; 103G.2241, subdivisions 1, 2, 3, 6, 9, 11; 103G.2242, subdivisions 2,
2a, 9, 12, 15; 103G.2243, subdivision 2; 103G.235; 103G.301, subdivision 2;
115.55, subdivisions 1, 2, 3, by adding a subdivision; 116C.775; 116C.777;
116C.779, subdivision 1; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision
2; 118A.03, subdivision 2; 216B.097, subdivisions 1, 3; 216B.098, subdivision 4;
216B.16, subdivisions 10, 15; 216B.241, subdivision 6; 216B.812, subdivisions
1, 2; 216C.051, subdivisions 2, 9; 216C.052, by adding a subdivision; 216C.41,
subdivision 3; 219.99; 239.101, subdivision 3; 282.04, subdivision 1; 325E.311,
subdivision 6; 325N.01; 332.54, subdivision 7; 394.23; 462.353, subdivision 2;
Laws 2003, chapter 128, article 1, sections 167, subdivision 1, as amended;
169; Laws 2006, chapter 236, article 1, section 21; proposing coding for new
law in Minnesota Statutes, chapters 16C; 17; 45; 58; 60K; 84; 84D; 85; 89; 97B;
103B; 103E; 103F; 144; 173; 216B; 216C; 325E; proposing coding for new law
as Minnesota Statutes, chapters 59C; 332A; repealing Minnesota Statutes 2006,
sections 18G.16; 46.043; 47.62, subdivision 5; 58.08, subdivision 1; 85.012,
subdivision 24b; 89.51, subdivision 8; 103G.2241, subdivision 8; 216B.095;
332.12; 332.13; 332.14; 332.15; 332.16; 332.17; 332.18; 332.19; 332.20; 332.21;
332.22; 332.23; 332.24; 332.25; 332.26; 332.27; 332.28; 332.29; Minnesota
Rules, parts 7820.1500; 7820.1600; 7820.1700; 7820.1750; 7820.1800;
7820.1900; 7820.2000; 7820.2100; 7820.2150; 7820.2200; 7820.2300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
177,046,000 new text end |
new text begin
$ new text end |
new text begin
126,148,000 new text end |
new text begin
$ new text end |
new text begin
303,194,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
48,000 new text end |
new text begin
48,000 new text end |
new text begin
96,000 new text end |
|||
|
new text begin
Environmental new text end |
new text begin
62,425,000 new text end |
new text begin
62,622,000 new text end |
new text begin
125,047,000 new text end |
|||
|
new text begin
Natural Resources new text end |
new text begin
82,211,000 new text end |
new text begin
82,301,000 new text end |
new text begin
164,512,000 new text end |
|||
|
new text begin
Game and Fish new text end |
new text begin
89,988,000 new text end |
new text begin
91,947,000 new text end |
new text begin
181,935,000 new text end |
|||
|
new text begin
Remediation new text end |
new text begin
11,116,000 new text end |
new text begin
11,186,000 new text end |
new text begin
22,302,000 new text end |
|||
|
new text begin
Permanent School new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
new text begin
400,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
423,034,000 new text end |
new text begin
$ new text end |
new text begin
374,452,000 new text end |
new text begin
$ new text end |
new text begin
797,486,000 new text end |
Sec. 2. new text beginENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2008" and "2009" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2008, or
June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
year ending June 30, 2007, are effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text beginPOLLUTION CONTROL AGENCY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
117,782,000 new text end |
new text begin
$ new text end |
new text begin
86,388,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
44,293,000 new text end |
new text begin
12,632,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
48,000 new text end |
new text begin
48,000 new text end |
|
new text begin
Environmental new text end |
new text begin
62,425,000 new text end |
new text begin
62,622,000 new text end |
|
new text begin
Remediation new text end |
new text begin
11,016,000 new text end |
new text begin
11,086,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Water
|
new text begin
58,053,000 new text end |
new text begin
26,930,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
38,656,000 new text end |
new text begin
7,603,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
48,000 new text end |
new text begin
48,000 new text end |
|
new text begin
Environmental new text end |
new text begin
19,349,000 new text end |
new text begin
19,279,000 new text end |
new text begin
$2,348,000 the first year and $2,348,000
the second year are for the clean water
partnership program. Any balance remaining
in the first year does not cancel and
is available for the second year. This
appropriation may be used for grants to
local units of government for the purpose
of restoring impaired waters listed under
section 303(d) of the federal Clean Water
Act in accordance with adopted total
maximum daily loads (TMDLs), including
implementation of approved clean water
partnership diagnostic study work plans that
will assist in restoration of impaired waters,
in accordance with Minnesota Statutes,
chapter 114D.
new text end
new text begin
$2,324,000 the first year and $2,324,000 the
second year must be distributed as grants to
delegated counties to administer the county
feedlot program. Distribution of funds
must be as provided in Laws 2005, First
Special Session chapter 1, article 2, section
2, subdivision 2. The commissioner, in
consultation with the Minnesota Association
of County Feedlot Officers executive team,
may use up to five percent of the annual
appropriation for initiatives to enhance
existing delegated county feedlot programs,
information and education, or technical
assistance to reduce feedlot-related pollution
hazards. Any money remaining after the first
year is available for the second year.
new text end
new text begin
$335,000 the first year and $335,000 the
second year are for community technical
assistance and education, including grants
and technical assistance to communities for
local and basinwide water quality protection.
new text end
new text begin
$405,000 the first year and $405,000 the
second year are for individual sewage
treatment system (ISTS) administration and
grants. Of this amount, $86,000 each year
is for assistance to counties through grants
for ISTS program administration. Any
unexpended balance in the first year does not
cancel but is available in the second year.
new text end
new text begin
$480,000 the first year and $480,000 the
second year are from the environmental
fund to address the need for continued
increased activity in the areas of new
technology review, technical assistance
for local governments, and enforcement
under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements
of Laws 2003, chapter 128, article 1, section
165. Of this amount, $48,000 each year is for
administration of individual septic tank fees.
new text end
new text begin
$31,009,000 the first year is to implement
the requirements of Minnesota Statutes,
chapter 114D. Of this amount, $12,634,000
is for completion of 20 percent of the needed
statewide assessments of surface water
quality and trends and $18,000,000 is to
develop TMDL's and TMDL implementation
plans for waters listed on the United States
Environmental Protection Agency approved
impaired waters list in accordance with
Minnesota Statutes, chapter 114D. The
agency shall complete an average of ten
percent of the TMDL's each year over the
biennium. The department shall monitor
and analyze endocrine disruptors in surface
waters in at least 20 additional sites. The data
must be placed on the agency's Web site.
new text end
new text begin
$1,035,000 the first year and $1,035,000
the second year are from the environmental
fund to provide regulatory services to the
ethanol, mining, and other developing
economic sectors. Priority shall be for
permitting new and emerging bioenergy crop
utilization technologies. This is a onetime
appropriation.
new text end
new text begin
$88,000 the first year is for the endocrine
disruptors report required to be completed
under this article.
new text end
new text begin
The commissioner shall transfer the
amount necessary, up to $600,000, from
the remediation fund to the commissioner
of health to conduct an evaluation under
Minnesota Statutes, section 115B.17, of point
of use water treatment units at removing
perfluorooctanoic acid, perfluorooctane
sulfonate, and perfluorobutanoic acid from
known concentrations of these compounds
in drinking water. The evaluation shall be
completed by December 31, 2007, and the
commissioner of health may contract for
services to complete the evaluation.
new text end
new text begin
By January 15, 2008, the commissioner shall
amend agency rules and, where legislative
action is necessary, provide recommendations
to the house of representatives and senate
divisions on environmental finance on
water and air fee changes that will result in
revenue to the environmental fund to pay for
regulatory services to the ethanol, mining,
and other developing economic sectors.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2009,
for clean water partnership, individual
sewage treatment systems (ISTS), Minnesota
River, total maximum daily loads (TMDL's),
stormwater contracts or grants, and local and
basinwide water quality protection contracts
or grants in this subdivision are available
until June 30, 2011.
new text end
new text begin Subd. 3. new text end
new text begin
Air
|
new text begin
11,003,000 new text end |
new text begin
11,270,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Environmental new text end |
new text begin
11,003,000 new text end |
new text begin
11,270,000 new text end |
new text begin
Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
established in Minnesota Statutes, section
116.993.
new text end
new text begin
$200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end
new text begin
$125,000 the first year and $125,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants in the metropolitan area.
new text end
new text begin
$1,140,000 the first year and $1,140,000
the second year are from the environmental
fund to provide regulatory services to the
ethanol, mining, and other developing
economic sectors. Priority shall be for
permitting new and emerging bioenergy crop
utilization technologies. This is a onetime
appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Land
|
new text begin
19,081,000 new text end |
new text begin
19,151,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,000,000 new text end |
new text begin
1,000,000 new text end |
|
new text begin
Environmental new text end |
new text begin
7,065,000 new text end |
new text begin
7,065,000 new text end |
|
new text begin
Remediation new text end |
new text begin
11,016,000 new text end |
new text begin
11,086,000 new text end |
new text begin
All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of finance and the
house and senate chairs of environment and
natural resources finance that maximizes the
utilization of resources and appropriately
allocates the money between the two
departments. This appropriation is available
until June 30, 2009.
new text end
new text begin
$3,616,000 the first year and $3,616,000 the
second year are from the petroleum tank fund
to be transferred to the remediation fund for
purposes of the leaking underground storage
tank program to protect the land.
new text end
new text begin
$252,000 the first year and $252,000 the
second year are from the remediation fund to
be transferred to the Department of Health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end
new text begin
$1,000,000 each year is for environmental
health tracking and biomonitoring. Of this
amount, $900,000 each year is for transfer
to the Department of Health. The base
appropriation for this program for fiscal year
2010 and later is $500,000.
new text end
new text begin Subd. 5. new text end
new text begin
Multimedia
|
new text begin
5,872,000 new text end |
new text begin
5,215,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,006,000 new text end |
new text begin
2,349,000 new text end |
|
new text begin
Environmental new text end |
new text begin
2,866,000 new text end |
new text begin
2,866,000 new text end |
new text begin
$825,000 the first year and $825,000 the
second year are from the environmental
fund to provide regulatory services to the
ethanol, mining, and other developing
economic sectors. Priority shall be for
permitting new and emerging bioenergy crop
utilization technologies. This is a onetime
appropriation.
new text end
new text begin
$400,000 the first year is a onetime
appropriation for a grant to the Koochiching
Economic Development Authority for
a feasibility study for a plasma torch
gasification facility that converts municipal
solid waste into energy and slag.
new text end
new text begin
$300,000 the first year is for the biomass
gasification facilities air emissions study for
the purpose of fully characterizing the air
emissions exerted from biomass gasification
facilities across a range of feedstocks. This
is a onetime appropriation.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2009, for
total maximum daily load (TMDL) contracts
or grants are available until June 30, 2011.
new text end
new text begin Subd. 6. new text end
new text begin
Environmental Assistance
|
new text begin
22,142,000 new text end |
new text begin
22,142,000 new text end |
||||
new text begin
This appropriation is from the environmental
fund.
new text end
new text begin
$14,000,000 each year is from the
environmental fund for SCORE block grants
to counties.
new text end
new text begin
Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.
new text end
new text begin
All money deposited in the environmental
fund for the metropolitan solid waste
landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
new text end
new text begin
$119,000 the first year and $119,000 the
second year are for environmental assistance
grants or loans under Minnesota Statutes,
section .
new text end
new text begin
$1,200,000 the first year and $1,200,000
the second year are from the environmental
fund first to retrofit school buses statewide,
including buses for preschool children,
and, after completion, secondly for loans to
small trucking firms to install equipment to
reduce fuel consumption. This is a onetime
appropriation.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
, the appropriations encumbered
under contract on or before June 30,
2009, for environmental assistance grants
awarded under Minnesota Statutes, section
, and for technical and research
assistance under Minnesota Statutes,
section , technical assistance
under Minnesota Statutes, section 115A.52,
and pollution prevention assistance under
Minnesota Statutes, section , are
available until June 30, 2011.
new text end
new text begin Subd. 7. new text end
new text begin
Administrative Support
|
new text begin
1,631,000 new text end |
new text begin
1,680,000 new text end |
||||
new text begin
The commissioner may transfer money from
the environmental fund to the remediation
fund as necessary for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.
new text end
Sec. 4. new text beginNATURAL RESOURCES
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
255,077,000 new text end |
new text begin
$ new text end |
new text begin
252,416,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
87,775,000 new text end |
new text begin
83,066,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
77,014,000 new text end |
new text begin
77,103,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
89,988,000 new text end |
new text begin
91,947,000 new text end |
|
new text begin
Remediation new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
|
new text begin
Permanent School new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Land and Mineral Resources
|
new text begin
11,747,000 new text end |
new text begin
11,272,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
6,633,000 new text end |
new text begin
6,230,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
3,551,000 new text end |
new text begin
3,447,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
1,363,000 new text end |
new text begin
1,395,000 new text end |
|
new text begin
Permanent School new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
new text begin
$475,000 the first year and $475,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account in
the natural resources fund and $275,000 each
year is from the general fund. $237,500 the
first year and $237,500 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end
new text begin
$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
new text end
new text begin
$2,800,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c).
new text end
new text begin
$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.
new text end
new text begin
$15,000 the first year is for a report
by February 1, 2008, to the house and
senate committees with jurisdiction over
environment and natural resources on
proposed minimum legal and conservation
standards that could be applied to
conservation easements acquired with public
money.
new text end
new text begin
$1,201,000 the first year and $701,000 the
second year are to support the land records
management system. Of this amount,
$326,000 the first year and $326,000 the
second year are from the game and fish fund
and $375,000 the first year and $375,000 the
second year are from the natural resources
fund. The commissioner must report to
the legislative chairs on environmental
finance on the outcomes of the land records
management support.
new text end
new text begin
$500,000 the first year and $500,000 the
second year are for land asset management.
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Water Resources Management
|
new text begin
15,051,000 new text end |
new text begin
12,522,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
14,771,000 new text end |
new text begin
12,242,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
280,000 new text end |
new text begin
280,000 new text end |
new text begin
$310,000 the first year and $310,000 the
second year are for grants associated with the
implementation of the Red River mediation
agreement.
new text end
new text begin
$65,000 the first year and $65,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of
the cost of implementing the comprehensive
plan for the upper Mississippi within areas
under its jurisdiction.
new text end
new text begin
$5,000 the first year and $5,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement its portion
of the comprehensive plan for the upper
Mississippi.
new text end
new text begin
$200,000 the first year and $200,000 the
second year are for the construction of ring
dikes under Minnesota Statutes, section
. The ring dikes may be publicly
or privately owned. If the appropriation in
either year is insufficient, the appropriation
in the other year is available for it. The base
appropriation for fiscal year 2010 and later
is $125,000.
new text end
new text begin
$2,250,000 the first year is to support the
identification of impaired waters and develop
plans to address those impairments, as
required by the federal Clean Water Act, in
accordance with Minnesota Statutes, chapter
114D. This is a onetime appropriation.
new text end
new text begin
By January 15, 2008, the commissioner shall
commence rulemaking under Minnesota
Statutes, chapter 14, to update the minimum
shoreland standards in Minnesota Rules,
chapter 6120.
new text end
new text begin
$60,000 the first year is a onetime
appropriation to the commissioner of natural
resources to conduct a feasibility study
in conjunction with U.S. Army Corps of
Engineers on the foundation and hydraulics
of the Rapidan Dam in Blue Earth County.
This appropriation must be equally matched
by Blue Earth County, and is available until
expended.
new text end
new text begin
$500,000 in fiscal year 2008 is for addressing
surface and groundwater issues related to
the development and expansion of ethanol
production.
new text end
new text begin Subd. 4. new text end
new text begin
Forest Management
|
new text begin
44,495,000 new text end |
new text begin
43,393,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
24,755,000 new text end |
new text begin
24,836,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
19,483,000 new text end |
new text begin
18,293,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
257,000 new text end |
new text begin
264,000 new text end |
new text begin
$7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.
new text end
new text begin
By November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the house
and senate committees and divisions having
jurisdiction over environment and natural
resources finance, identifying all firefighting
costs incurred and reimbursements received
in the prior fiscal year. These appropriations
may not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.
new text end
new text begin
$17,983,000 the first year and $18,293,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
, subdivision 2.
new text end
new text begin
Of this amount:
new text end
new text begin
(1) $750,000 each year is for additional staff
to enhance timber sales;
new text end
new text begin
(2) $1,000,000 each year is for forest
improvements;
new text end
new text begin
(3) $1,100,000 each year is for forest road
maintenance;
new text end
new text begin
(4) $600,000 each year is for the ecological
classification system on state forest lands;
new text end
new text begin
(5) $350,000 each year is for the prevention
of invasive species on state forest lands; and
new text end
new text begin
(6) $400,000 each year is for the re-inventory
of state forest lands.
new text end
new text begin
Money for forest road maintenance is
onetime.
new text end
new text begin
$780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
new text end
new text begin
$40,000 the first year is for the Forest
Resources Council to provide a grant to
the University of Minnesota to prepare a
statewide plan to address the fragmentation
and parcelization of large blocks of forest
land in the state.
new text end
new text begin
$200,000 in fiscal year 2008 is for a grant
to the Forest Resources Research Advisory
Committee to provide direction on research
topics recommended by the governor's task
force on the competitiveness of Minnesota's
primary forest products industry.
new text end
new text begin
$350,000 the first year and $350,000 the
second year are for the FORIST timber
management information system, other
information systems, and for increased
forestry management. The amount in the
second year is also available in the first year.
new text end
new text begin
$257,000 the first year and $264,000 the
second year are from the game and fish
fund to implement ecological classification
systems (ECS) standards on forested
landscapes. This appropriation is from
revenue deposited in the game and fish fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end
new text begin
$110,000 the first year is to develop and
implement a statewide information and
education campaign regarding the statewide
ban on the transport, storage, or use of
nonapproved firewood on state-administered
lands.
new text end
new text begin
$1,500,000 the first year is from the forest
management investment account in the
natural resources fund for the purposes of
section 157. This is a onetime appropriation.
new text end
new text begin
$75,000 the first year is to the Forest
Resources Council for a task force on
forest protection and $75,000 the second
year is appropriated to the commissioner
for grants to cities, counties, townships,
special recreation areas, and park and
recreation boards in cities of the first class
for the identification, removal, disposal, and
replacement of dead or dying shade trees
lost to forest pests or disease. For purposes
of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or
environmental purposes with minimal to
residual timber value. The commissioner
shall consult with municipalities; park and
recreation boards in cities of the first class;
nonprofit organizations; and other interested
parties in developing eligibility criteria.
new text end
new text begin
$200,000 in fiscal year 2008 is for a grant
to the Natural Resources Research Institute
for silvicultural research to improve the
quality and quantity of timber fiber. The
appropriation must be matched in the amount
of $200,000 in cash or in-kind contributions
from the forest products industry members of
the Minnesota Forest Productivity Research
Cooperative.
new text end
new text begin
$1,000,000 the first year and $1,000,000
the second year are to support additional
technical and cost-share assistance to
nonindustrial private forest (NIPF)
landowners. The base appropriation in fiscal
year 2010 and later is $500,000.
new text end
new text begin
$200,000 the first year and $200,000 the
second year are to address escalating
land asset management demands, such as
boundary disputes, access easements, and
sale, exchange, and acquisition of forest
lands.
new text end
new text begin Subd. 5. new text end
new text begin
Parks and Recreation Management
|
new text begin
35,324,000 new text end |
new text begin
36,319,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
20,743,000 new text end |
new text begin
21,283,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
14,581,000 new text end |
new text begin
15,036,000 new text end |
new text begin
$640,000 the first year and $640,000 the
second year are from the water recreation
account in the natural resources fund for state
park water access projects.
new text end
new text begin
$150,000 in the first year and $150,000 in the
second year are for additional interpretative
services.
new text end
new text begin
$3,996,000 the first year and $3,996,000 the
second year are from the natural resources
fund for state park and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources
fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).
new text end
new text begin
$10,000 in the first year is for payment
of expenses of the Cuyuna Country State
Recreation Area Citizens Advisory Council.
new text end
new text begin
The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2009. The project
must be designed to prevent the spread of
aquatic invasive species.
new text end
new text begin
$500,000 the first year and $750,000 the
second year are from the natural resources
fund for increased park maintenance
work, resource management projects, and
conservation education for park users.
new text end
new text begin Subd. 6. new text end
new text begin
Trails and Waterways Management
|
new text begin
30,257,000 new text end |
new text begin
30,492,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
2,538,000 new text end |
new text begin
2,568,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
25,600,000 new text end |
new text begin
25,730,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
2,119,000 new text end |
new text begin
2,194,000 new text end |
new text begin
$8,424,000 the first year and $8,424,000
the second year are from the snowmobile
trails and enforcement account in the natural
resources fund for snowmobile grants-in-aid.
The additional money under this item may
be used for new grant-in-aid trails. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end
new text begin
$1,175,000 the first year and $1,325,000 the
second year are from the natural resources
fund for off-highway vehicle grants-in-aid.
Of this amount, $825,000 the first year and
$1,075,000 the second year are from the
all-terrain vehicle account; $150,000 each
year is from the off-highway motorcycle
account; and $200,000 the first year and
$100,000 the second year are from the
off-road vehicle account. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin
$261,000 the first year and $261,000 the
second year are from the water recreation
account in the natural resources fund for a
safe harbor program on Lake Superior.
new text end
new text begin
$742,000 the first year and $760,000
the second year are from the natural
resources fund for state trail operations
and maintenance. The money may be used
for trail maintenance, signage, mapping,
interpretation, native prairie restoration
using best management practices, and
maintenance of nonmotorized forest trails.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (2).
new text end
new text begin
$655,000 the first year and $655,000 the
second year are from the natural resources
fund for trail grants to local units of
government on land to be maintained for
at least 20 years for the purposes of the
grant. This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (4).
new text end
new text begin
$150,000 the first year and $150,000 the
second year are from the all-terrain vehicle
account for two all-terrain vehicle trail
specialists to assist and consult with on
all-terrain vehicle grant-in-aid education and
training for sustainable trail development and
maintenance, as well as providing training
for public and private sector trail monitoring.
The specialists may assist in the evaluation
of grant-in-aid trail proposals, but not in the
promotion of new trails.
new text end
new text begin
$1,965,000 the first year and $2,040,000
the second year are from the game and fish
fund for expenditures on water access sites
according to the requirements of the federal
sport and fish restoration program.
new text end
new text begin
Money appropriated under Laws 2005, First
Special Session chapter 1, article 2, section
11, subdivision 6, paragraph (h), for the Paul
Bunyan State Trail connection is available
until June 30, 2008.
new text end
new text begin
$400,000 each year is for operation and
maintenance of nonmotorized trails within
state forests. This is a onetime appropriation.
new text end
new text begin
$75,000 each year is for additional wild and
scenic rivers program activities.
new text end
new text begin
$120,000 the first year is from the
water recreation account in the natural
resources fund to cooperate with local
units of government in marking routes and
designating river accesses and campsites
under Minnesota Statutes, section 85.32.
This is a onetime appropriation and available
until spent.
new text end
new text begin
The appropriation in Laws 2005, First
Special Session chapter 1, article 2, section
3, subdivision 6, from the lottery in lieu
account in the natural resources fund for
trail grants to local units of government, is
available until June 30, 2009.
new text end
new text begin Subd. 7. new text end
new text begin
Fish and Wildlife Management
|
new text begin
67,191,000 new text end |
new text begin
68,533,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,459,000 new text end |
new text begin
3,479,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
1,876,000 new text end |
new text begin
1,876,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
61,856,000 new text end |
new text begin
63,178,000 new text end |
new text begin
$410,000 the first year and $418,000 the
second year are for resource population
surveys in the 1837 treaty area. Of this
amount, $274,000 the first year and $288,000
the second year are from the game and fish
fund.
new text end
new text begin
$1,790,000 the first year and $1,790,000 the
second year are from the wildlife acquisition
surcharge account for only the purposes of
land costs as specified in Minnesota Statutes,
section , subdivision 2a. This
appropriation is available until spent.
new text end
new text begin
$8,061,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and
fish fund only for activities that improve,
enhance, or protect fish and wildlife
resources as specified in Minnesota Statutes,
section , paragraph (e), clause (1).
Notwithstanding Minnesota Statutes, section
, money under this paragraph may
be used for expanding hunter and angler
recruitment and retention and public land
user facilities. Of this amount, $1,175,000
each year is for preserving, restoring, and
enhancing grassland/wetland complexes.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
, $13,000 the first year and $13,000
the second year from the critical habitat
private sector matching account may be used
to publicize the critical habitat license plate
match program.
new text end
new text begin
$830,000 the first year and $830,000 the
second year are from the trout and salmon
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 3.
new text end
new text begin
$1,353,000 the first year and $1,353,000
the second year are from the deer habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 1, paragraph (b).
new text end
new text begin
$715,000 the first year and $715,000 the
second year are from the deer and bear
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 1, paragraph (c).
new text end
new text begin
$700,000 the first year and $700,000 the
second year are from the waterfowl habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 2.
new text end
new text begin
$875,000 the first year and $875,000 the
second year are from the pheasant habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
, subdivision 4.
new text end
new text begin
$172,000 the first year and $172,000 the
second year are from the wild turkey
management account for only the purposes
specified in Minnesota Statutes, section
, subdivision 5. Of this amount,
$8,000 the first year and $8,000 the second
year are appropriated from the game and
fish fund for transfer to the wild turkey
management account for purposes specified
in Minnesota Statutes, section new text begin97A.075,
subdivision 5new text end.
new text end
new text begin
$108,000 the first year and $108,000 the
second year are from the game and fish
fund for costs associated with administering
fishing contest permits.
new text end
new text begin
$186,000 the first year and $132,000 the
second year are to accelerate wildlife
health programs. $54,000 in the first
year is for fencing cattle-feeding areas in
bovine tuberculosis control zones, under the
emergency deterrent materials assistance
program in Minnesota Statutes, section
97A.028, subdivision 3. This appropriation
is available until June 30, 2009. $61,000 of
this amount is permanent.
new text end
new text begin
$575,000 the first year and $575,000 the
second year are for preserving, restoring, and
enhancing grassland/wetland complexes on
public or private lands.
new text end
new text begin
The commissioner must report to the
legislative chairs on environmental finance
for money appropriated in this subdivision on
grassland/wetland complexes with specific
outcomes, including acres of wetlands and
prairie grasses and forbs of a local ecotype
preserved, restored, and enhanced during the
2008-2009 biennium.
new text end
new text begin
$150,000 the first year and $150,000 the
second year are from the game and fish fund
for the roadsides for wildlife program.
new text end
new text begin
$175,000 in the first year and $175,000 in the
second year are for grants to Let's Go Fishing
of Minnesota to promote opportunities for
fishing. The grants must be matched with
cash or in-kind contributions from nonstate
sources. It is a condition of acceptance of
this appropriation that Let's Go Fishing of
Minnesota must submit a work program
and annual progress reports in the form and
manner determined by the commissioner of
natural resources to the Budgetary Oversight
Committee. The work program must identify
capital expenditures and leases over $2,000
and annual reports must describe the use
of that capital equipment throughout its
useful life. None of the money provided
may be spent unless the commissioner
has approved the work program. This is a
onetime appropriation.
new text end
new text begin
$90,000 each year from the game and fish
fund is to staff the Budgetary Oversight
Committee.
new text end
new text begin
By November 15, 2008, the commissioner,
in consultation with the Budgetary Oversight
Committee, established in Minnesota
Statutes, section 97A.055, subdivision 4b,
paragraph (c), shall report to the house of
representatives and senate policy and finance
committees and divisions with jurisdiction
over natural resources on game and fish fund
receipt and expenditure imbalances between
hunting-related and fishing-related activities.
The report shall include, but is not limited to:
new text end
new text begin
(1) a table showing the allocation of game
and fish fund receipts and expenditures
related to fishing and hunting activities for
fiscal years 1989 to 2007 and projected
receipts and expenditures for fiscal years
2008 and 2009;
new text end
new text begin
(2) recommendations for short-term changes
to correct any imbalances; and
new text end
new text begin
(3) recommendations for long-term
changes that will ensure that fishing license
revenue is adequate to cover fishing-related
expenditures and hunting license revenue
is adequate to cover hunting-related
expenditures.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
, the appropriations encumbered
under contract on or before June 30, 2009, for
aquatic restoration grants and wildlife habitat
grants are available until June 30, 2010.
new text end
new text begin
The commissioner of finance shall transfer
$160,000 in fiscal year 2008 to the special
revenue fund for the account under Minnesota
Statutes, section 97A.065, subdivision 6.
new text end
new text begin Subd. 8. new text end
new text begin
Ecological Services
|
new text begin
16,175,000 new text end |
new text begin
14,476,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
8,597,000 new text end |
new text begin
6,531,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
3,696,000 new text end |
new text begin
3,994,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
3,882,000 new text end |
new text begin
3,951,000 new text end |
new text begin
$1,194,000 the first year and $1,227,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management.
new text end
new text begin
Notwithstanding Minnesota Statutes,
section , $100,000 the first year
and $100,000 the second year may be used
for nongame information, education, and
promotion.
new text end
new text begin
$1,612,000 the first year and $1,636,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
new text end
new text begin
The commissioner must report to the
legislative chairs on environmental finance
for money appropriated in this subdivision on
grassland/wetland complexes with specific
outcomes, including acres of wetlands and
prairie grasses and forbs of a local ecotype
preserved, restored, and enhanced during the
2008-2009 biennium.
new text end
new text begin
$2,938,000 in the first year and $4,385,000
in the second year, of which $1,968,000 the
first year and $2,195,000 the second year
are from the invasive species account in the
natural resources fund for law enforcement
and water access inspection to prevent the
spread of invasive species, grants to manage
invasive plants in public waters, technical
assistance to grant applicants for improving
lake quality, and management of terrestrial
invasive species on state-administered lands.
Priority shall be given to preventing the
spread of aquatic invertebrates, including,
but not limited to, zebra mussels, spiny
waterflea, and round goby. An applicant
for a grant to manage invasive plants in
public waters must have a workable plan for
improving water quality and reducing the
need for additional treatment. Grants may
not be made for chemicals that are likely
endocrine disruptors. A plan to prevent the
introduction of asian carp into Minnesota
waters must be made available to the public
by November 1, 2007.
new text end
new text begin
$125,000 the first year is to support a
technical advisory committee and for land
management units that manage grass lands
in order to develop plans to optimize
native prairie seed harvest and replanting
on state-owned lands. The work must
use best management practices with an
outcome of ensuring the survival of the
native prairie remaining in Minnesota and to
estimate the value of the seeds. Maximizing
seed harvest may include allowing seed
producers to keep a portion of the seed as
compensation for supplying equipment and
labor. The Department of Natural Resources
in cooperation with the Department of
Agriculture and the Board of Water and
Soil Resources shall establish the technical
advisory committee which has the expertise
to develop (1) criteria to identify public
and private marginal lands which could be
used to produce native prairie seeds of a
local eco-type or restore native prairies that
could be used to produce clean energy, (2)
guidelines for production that ensure high
carbon sequestration, protection of wildlife
and waters, and minimization of inputs and
that do not compromise the survival of the
native prairie remaining in Minnesota, and
(3) recommendations for incentives that will
result in the production of native prairie seeds
of a local eco-type or restore native prairies.
In addition to agency members, the advisory
committee shall have one member from
each of two statewide farm organizations,
one member from a statewide sustainable
farmer organization, one member each from
three statewide rural economic development
organizations, one member each from three
statewide environmental organizations, and
one member each from three statewide
wildlife or conservation organizations.
No person registered as a lobbyist under
Minnesota Statutes, section 10A.03, may
serve on the technical advisory committee.
The technical committee shall work with the
NextGen Energy Board to develop a clean
energy program. A report on outcomes from
the technical committee is due December
15, 2007, to the legislative finance chairs on
environment and natural resources.
new text end
new text begin
$50,000 in the first year is for the
commissioner, in consultation with the
Environmental Quality Board, to report to
the house and senate committees having
jurisdiction over environmental policy
and finance by February 1, 2008, on the
Mississippi River critical area program. The
report shall include the status of critical
area plans, zoning ordinances, the number
and types of revisions anticipated, and the
nature and number of variances sought. The
report shall include recommendations that
adequately protect and manage the aesthetic
integrity and natural environment of the river
corridor.
new text end
new text begin
$2,250,000 the first year is to support the
identification of impaired waters and develop
plans to address those impairments, as
required by the federal Clean Water Act, in
accordance with Minnesota Statutes, chapter
114D. This is a onetime appropriation.
new text end
new text begin
$477,000 the first year and $477,000 the
second year are for the reinvest in Minnesota
programs of game and fish, critical habitat,
and wetlands established under Minnesota
Statutes, section new text begin84.95, subdivision 2new text end.
new text end
new text begin
$350,000 the first year is for a grant to
the International Wolf Center for building
renovations.
new text end
new text begin
$500,000 the first year is for a grant to the
city of Wabasha for programming at the
National Bald Eagle Center.
new text end
new text begin
$100,000 the first year is for a grant to the
Wildlife Rehabilitation Center of Minnesota
to retire loans incurred by the center for
construction of its facility in the city of
Roseville and to complete educational
technology infrastructure at the center.
new text end
new text begin
$115,000 in the first year and $116,000 in the
second year is for the Project Wild program.
Of this amount, $35,000 in the first year
and $36,000 in the second year are from the
natural resources fund, and $40,000 in the
first year and $40,000 in the second year are
from the game and fish fund.
new text end
new text begin
$150,000 each year is from the all-terrain
vehicle account in the natural resources fund
for developing and maintaining all-terrain
vehicle trails and environmental review.
new text end
new text begin Subd. 9. new text end
new text begin
Enforcement
|
new text begin
30,549,000 new text end |
new text begin
31,596,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,564,000 new text end |
new text begin
3,648,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
7,463,000 new text end |
new text begin
7,963,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
19,422,000 new text end |
new text begin
19,885,000 new text end |
|
new text begin
Remediation new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
Until June 30, 2009, a conservation officer
must be stationed at Mississippi Headwaters
State Forest to work with local jurisdictions
in enforcing state law along the Mississippi
River from Lake Itasca downstream to Lake
Bemidji and in the Bemidji region.
new text end
new text begin
$1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.
new text end
new text begin
$100,000 the first year and $100,000 the
second year are from the remediation fund
for solid waste enforcement activities under
Minnesota Statutes, section .
new text end
new text begin
$315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities.
new text end
new text begin
$1,164,000 the first year and $1,164,000
the second year are from the heritage
enhancement account in the game and
fish fund for only activities that improve,
enhance, or protect fish and wildlife resources
specified in Minnesota Statutes, section
, paragraph (e), clause (1).
new text end
new text begin
Overtime must be distributed to conservation
officers at historical levels; however, a
reasonable reduction or addition may be
made to the officer's allocation, if justified,
based on an individual officer's workload. If
funding for enforcement is reduced because
of an unallotment, the overtime bank may be
reduced in proportion to reductions made in
other areas of the budget.
new text end
new text begin
$325,000 the first year and $325,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $313,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use. Of
this appropriation, $25,000 each year is for
administration of these grants.
new text end
new text begin
$250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under new Minnesota Statutes,
section 84.9011. Grants issued under this
paragraph: (1) must be issued through a
formal agreement with the organization;
and (2) must not be used as a substitute for
traditional spending by the organization. By
December 15, each year, an organization
receiving a grant under this paragraph shall
report to the commissioner with details
on expenditures from the grant. Of this
appropriation, $25,000 each year is for
administration of these grants.
new text end
new text begin
The commissioner must publicize
opportunities for conservation officer
employment and recruit, when possible,
conservation officer candidates from the
biological sciences departments at colleges
and universities.
new text end
new text begin Subd. 10. new text end
new text begin
Operations Support
|
new text begin
4,288,000 new text end |
new text begin
3,813,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
2,715,000 new text end |
new text begin
2,249,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
484,000 new text end |
new text begin
484,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
1,089,000 new text end |
new text begin
1,080,000 new text end |
new text begin
$38,000 in the first year is from the game and
fish fund for the study on the natural stands
of wild rice required in this article.
new text end
new text begin
$270,000 the first year and $270,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Zoo
and Conservatory and the city of Duluth
for the Duluth Zoo. This appropriation
is from the revenue deposited to the fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end
new text begin
$55,000 in the first year and $7,000 in the
second year are to be transferred to the
Environmental Quality Board to fulfill the
requirement of Minnesota Statutes, sections
116C.92 and 116C.94.
new text end
new text begin
$475,000 the first year is a onetime
appropriation for terrestrial and geologic
carbon sequestration reports and studies in
this article. Of this amount, the commissioner
shall make payments of $385,000 to the
Board of Regents of the University of
Minnesota for the purposes of terrestrial
carbon sequestration activities, and $90,000
to the Minnesota Geological Survey for the
purposes of geologic carbon sequestration
assessment.
new text end
Sec. 5. new text beginBOARD OF WATER AND SOIL
|
new text begin
$ new text end |
new text begin
32,153,000 new text end |
new text begin
$ new text end |
new text begin
17,482,000 new text end |
||
new text begin
$4,102,000 the first year and $4,102,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base grant
portion related to water planning must be
matched by an amount that would be raised
by a levy under Minnesota Statutes, section
103B.3369.
new text end
new text begin
$3,566,000 the first year and $3,566,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering,
and implementation of the reinvest in
Minnesota conservation reserve program.
Upon approval of the board, expenditures
may be made from these appropriations for
supplies and services benefiting soil and
water conservation districts. Any district
requesting a grant under this paragraph
shall create and maintain a Web page that
publishes, at a minimum, its annual plan,
annual report, annual audit, and annual
budget, including membership dues and
meeting notices and minutes.
new text end
new text begin
$3,285,000 the first year and $3,285,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control and water
quality management. Of this amount, at least
$1,200,000 the first year and $1,200,000 the
second year are for grants for cost-sharing
contracts to establish and maintain vegetation
buffers of restored native prairie and restored
prairie using seeds of a local ecotype region.
$300,000 the first year and $300,000 the
second year are available to begin county
cooperative weed management programs
on natural lands and private lands enrolled
in state and federal conservation programs
and to restore native plants in selected
invasive species management sites by
providing local native seeds and plants
to landowners for implementation. This
appropriation is available until expended. If
the appropriation in either year is insufficient,
the appropriation in the other year is available
for it. Notwithstanding Minnesota Statutes,
section 103C.501, any balance in the board's
cost-share program that remains from the
fiscal year 2007 appropriation is available
in an amount up to $2,000 for a grant to
the Faribault Soil and Water Conservation
District to pay for erosion repair on the Blue
Earth River, and up to $40,000 is available for
grants to soil and water conservation districts
for Web site development and reporting; and
$100,000 in fiscal years 2008 and 2009 is
for evaluating and reporting on performance,
financial, and activity information of local
water management entities as provided for in
section 103.
new text end
new text begin
The board shall develop a forestry practice
docket for cost-share money. The board shall
develop standards or policies for cost-share
practices for the following purposes: (1)
establishment and maintenance of vegetated
buffers of restored prairie or restored native
prairie using seeds of a local ecotype;
(2) establishment of cooperative weed
management programs on private natural
lands and lands enrolled in state and federal
conservation programs and restoration of
native plants in selected invasive species
management sites by providing local native
seeds and plants to landowners; and (3)
establishment of soil and water conservation
and ecological improvement practices on
private forest lands.
new text end
new text begin
$100,000 the first year and $100,000 the
second year are for a grant to the Red
River Basin Commission to develop a Red
River basin plan and to coordinate water
management activities in the states and
provinces bordering the Red River. The
unencumbered balance in the first year does
not cancel but is available for the second
year.
new text end
new text begin
$14,166,000 is for implementation of the
Clean Water Legacy Act, in accordance
with Minnesota Statutes, chapter 114D, as
follows:
new text end
new text begin
(1) $3,316,000 is for targeted nonpoint
restoration cost-share and incentive
payments, of which up to $3,116,000
is available for grants. Of this amount,
$1,500,000 is for agricultural watershed
restoration projects that are located in a
watershed impaired by nonpoint agricultural
sources and are designed to provide
long-term restoration of surface water
quality through restoration of the natural
hydrological function to working lands. Of
this amount, $500,000 must be contracted for
services with the Minnesota Conservation
Corps. The grant funds are available until
expended;
new text end
new text begin
(2) $3,000,000 is for targeted nonpoint
restoration and protection and technical,
compliance, and engineering assistance
activities, of which up to $2,400,000 is
available for grants, and $225,000 the first
year is to inventory wetland mitigation
opportunities and water quality and
watershed improvement projects in a greater
than 80 percent area and of which $150,000
the first year is to conduct a regionwide
wetland mitigation siting analysis for
greater than 80 percent areas. The $225,000
amount shall include an inventory of the
wetland and water resources that have been
developed on former mine lands and an
analysis of the functions and values of those
wetland and water resources. This is a
onetime appropriation and is available until
June 30, 2009. The $150,000 amount for
analysis shall (i) evaluate wetland mitigation
opportunities in each watershed and wetland
bank service area, (ii) develop goals for
maintaining water quality in the greater than
80 percent areas, and (iii) identify wetland
mitigation opportunities in other regions with
a greater loss of wetlands or with impaired
waters. This is a onetime appropriation and
is available until June 30, 2009. A report on
the analysis outcomes shall be given to the
house and senate chairs of the environment
and natural resources policy and finance
committees by January 15, 2009;
new text end
new text begin
(3) $400,000 is for reporting and evaluating
applied soil and water conservation practices;
new text end
new text begin
(4) $2,450,000 is for grants to implement
county individual sewage treatment system
programs. Of this amount, after a county
has complied with requirements to adopt
ordinances pursuant to Minnesota Statutes,
section 115.55, subdivision 2, the county may
request grants of up to $130,000 to inventory
properties with individual sewage treatment
systems that are an imminent threat to public
health or safety due to water discharges of
untreated sewage, and require compliance
under an applicable ordinance. The grant
amount shall be proportional to the number
of properties expected to be inventoried.
Each county receiving an appropriation
under this paragraph shall report the number
of inspections and the number determined
to be an imminent threat to public health or
safety to the Pollution Control Agency by
February 1 of each year;
new text end
new text begin
(5) $3,000,000 is for feedlot water quality
grants for feedlots under 300 animal units
where there are impaired waters;
new text end
new text begin
(6) $1,000,000 in fiscal year 2008 is for
grants to support local nonpoint source
protection activities related to lake and river
protection and management; and
new text end
new text begin
(7) $1,000,000 in fiscal year 2008 is for
grants to address imminent threat and failing
individual sewage treatment systems.
new text end
new text begin
If the appropriations in clauses (1) to (7) in
either year are insufficient, the appropriation
in the other year is available for it. All of
the money appropriated in clauses (1) to
(7) as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369.
new text end
new text begin
$100,000 each year is to the Minnesota River
Basin Joint Powers Board, also known as
the Minnesota River Board, for operating
expenses to measure and report the results of
projects in the 12 major watersheds within
the Minnesota River basin.
new text end
new text begin
By January 1, 2008, the board shall report
to the senate and house of representatives
environmental finance divisions on the
financial needs to bring all feedlots in the
state that are under 300 animal units into
compliance with Pollution Control Agency
rules by October 1, 2010, and comply with
the requirements of Minnesota Statutes,
section 116.07, subdivision 7, paragraph (p).
new text end
new text begin
$140,000 the first year and $140,000
the second year are for a grant to Area
II, Minnesota River Basin Projects,
for floodplain management, including
administration of programs.
new text end
new text begin
$1,120,000 the first year and $1,060,000 the
second year may be spent for the following
purposes to support implementation of
the Wetland Conservation Act: $250,000
each year is to make grants to local units
of governments within the 11-county
metropolitan area to improve response to
major wetland violations; $250,000 each
year is for transfer to the commissioner
of natural resources for enforcement of
wetland violations; $500,000 each year is for
staffing to provide adequate state oversight
and technical support to local governments
administering the Wetland Conservation Act;
$60,000 each year is for staff to monitor and
enforce wetland replacement and wetland
bank sites; and $60,000 the first year is
for rulemaking required by changes to the
Wetland Conservation Act. The board must
include in its biennial report to the legislature
information on all state and local units
of government, including special purpose
districts, impacts on wetlands in the state.
new text end
new text begin
$450,000 the first year and $800,000
the second year are to implement
recommendations of the Drainage Work
Group to enhance public drainage and
modernization as follows: $150,000 the first
year is to develop guidelines for drainage
records preservation and modernization;
$500,000 the second year is for cost-share
grants to local governments for public
drainage records modernization; and
$300,000 each year is to provide assistance
to local drainage management officials, to
facilitate the work of the Drainage Work
Group, to staff a drainage assistance team,
and to update the Minnesota Public Drainage
Manual. All of the money appropriated in
this paragraph as grants to local governments
shall be administered through the Board
of Water and Soil Resources' local water
resources protection and management
program under Minnesota Statutes, section
103B.3369.
new text end
new text begin
In addition to other authorities, the Board
of Water and Soil Resources may reduce,
withhold, or redirect grants and other funding
if the local water management entity has
not corrected deficiencies as prescribed in a
notice from the board within one year from
the date of the notice.
new text end
new text begin
$500,000 the first year is to provide grants
for bioenergy crop research and monitoring,
including, but not limited to, water quality,
water quantity utilized, soil carbon storage,
biological diversity, wildlife and habitat
impacts and benefits, and small diameter
woody bioenergy. Of this amount, $300,000
is for a grant to the Minnesota Forest
Resources Council for conducting site level
ecological research and assessments as
identified by the council's biomass technical
committee. Additional money from other
sources should be sought to accomplish this
purpose.
new text end
new text begin
$200,000 in fiscal year 2008 is to develop
clean energy program guidelines and
standards.
new text end
new text begin
$200,000 is for a grant to the city of Gaylord
to construct and reconstruct storm water
sewer drains and related facilities to divert
water that currently drains into Lake Titlow
into holding ponds south of the city. The
cost of reconstructing city streets as part of
this diversion, and as outlined in the city of
Gaylord's street improvement plan, is the
responsibility of the city. This diversion will
keep phosphorus and other chemicals from
entering the lake, and will improve the water
quality of Lake Titlow.
new text end
new text begin
The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.
new text end
Sec. 6. new text beginMETROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
8,620,000 new text end |
new text begin
$ new text end |
new text begin
8,620,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
4,050,000 new text end |
new text begin
4,050,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
4,570,000 new text end |
new text begin
4,570,000 new text end |
new text begin
$4,050,000 the first year and $4,050,000
the second year are for metropolitan area
regional parks maintenance and operations.
new text end
new text begin
$4,570,000 the first year and $4,570,000 the
second year are from the natural resources
fund for metropolitan area regional parks
and trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).
new text end
Sec. 7. new text beginMINNESOTA CONSERVATION
|
new text begin
$ new text end |
new text begin
1,015,000 new text end |
new text begin
$ new text end |
new text begin
965,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
525,000 new text end |
new text begin
475,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
490,000 new text end |
new text begin
490,000 new text end |
new text begin
The Minnesota Conservation Corps may
receive money appropriated from the
natural resources fund under this section
only as provided in an agreement with the
commissioner of natural resources.
new text end
new text begin
$50,000 is to be used for learning stipends
for deaf students and wages for interpreters
participating in its summer youth program.
The appropriation is available until June 30,
2009.
new text end
Sec. 8. new text beginZOOLOGICAL BOARD
|
new text begin
$ new text end |
new text begin
7,137,000 new text end |
new text begin
$ new text end |
new text begin
7,331,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
7,000,000 new text end |
new text begin
7,193,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
137,000 new text end |
new text begin
138,000 new text end |
new text begin
$137,000 the first year and $138,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).
new text end
new text begin
The general fund base budget for the
Zoological Board is $7,068,000 each year in
the 2010-2011 biennium.
new text end
Sec. 9. new text beginSCIENCE MUSEUM OF
|
new text begin
$ new text end |
new text begin
1,250,000 new text end |
new text begin
$ new text end |
new text begin
1,250,000 new text end |
||
Sec. 10.
Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Minnesota Technology, Inc.;
(17) member of the board of directors or executive director of the Minnesota State
High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755; deleted text beginor
deleted text end
(19) citizen member of the Legislative-Citizen Commission on Minnesota
Resourcesdeleted text begin.deleted text endnew text begin;
new text end
new text begin
(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13; or
new text end
new text begin
(21) supervisor of a soil and water conservation district.
new text end
Sec. 11.
Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
Subd. 3.
Application; extensions.
(a) The time limit in subdivision 2 begins upon
the agency's receipt of a written request containing all information required by law or by
a previously adopted rule, ordinance, or policy of the agency, including the applicable
application fee. If an agency receives a written request that does not contain all required
information, the 60-day limit starts over only if the agency sends written notice within 15
business days of receipt of the request telling the requester what information is missing.
(b) If a request relating to zoning, septic systems, watershed district review, soil and
water conservation district review, or expansion of the metropolitan urban service area
requires the approval of more than one state agency in the executive branch, the 60-day
period in subdivision 2 begins to run for all executive branch agencies on the day a request
containing all required information is received by one state agency. The agency receiving
the request must forward copies to other state agencies whose approval is required.
(c) An agency responsenew text begin, including an approval with conditions,new text end meets the 60-day
time limit if the agency can document that the response was sent within 60 days of receipt
of the written request.new text begin Failure to satisfy the conditions, if any, may be a basis to revoke
or rescind the approval by the agency and will not give rise to a claim that the 60-day
limit was not met.
new text end
(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
order requires a process to occur before the agency acts on the request, and the time
periods prescribed in the state statute, federal law, or court order make it impossible to
act on the request within 60 days. In cases described in this paragraph, the deadline is
extended to 60 days after completion of the last process required in the applicable statute,
law, or order. Final approval of an agency receiving a request is not considered a process
for purposes of this paragraph.
(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
agency requires prior approval of a federal agency; or (2) an application submitted to
a city, county, town, school district, metropolitan or regional entity, or other political
subdivision requires prior approval of a state or federal agency. In cases described in
this paragraph, the deadline for agency action is extended to 60 days after the required
prior approval is granted.
(f) An agency may extend the time limit in subdivision 2 before the end of the
initial 60-day period by providing written notice of the extension to the applicant. The
notification must state the reasons for the extension and its anticipated length, which may
not exceed 60 days unless approved by the applicant.
(g) An applicant may by written notice to the agency request an extension of the
time limit under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
Subd. 1a.
Revenues.
The following revenues must be deposited in the
environmental fund:
(1) all revenue from the motor vehicle transfer fee imposed under section 115A.908;
(2) all fees collected under section 116.07, subdivision 4d;
(3) all money collected by the Pollution Control Agency in enforcement matters
as provided in section 115.073;
(4) all revenues from license fees for individual sewage treatment systems under
section 115.56;
(5) all loan repayments deposited under section 115A.0716;
(6) all revenue from pollution prevention fees imposed under section 115D.12;
(7) all loan repayments deposited under section 116.994;
(8) all fees collected under section 116C.834;
(9) revenue collected from the solid waste management tax pursuant to chapter 297H;
(10) fees collected under section 473.844; deleted text beginanddeleted text end
(11) interest accrued on the fundnew text begin; and
new text end
new text begin (12) money received in the form of gifts, grants, reimbursement, or appropriation
from any source for any of the purposes provided in subdivision 2, except federal grantsnew text end.
Sec. 13.
new text begin
[17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Reimbursement. new text end
new text begin
A meat processor holding a license under chapter
28A may apply to the commissioner of agriculture for reimbursement of $70 towards the
cost of processing donated deer. The meat processor shall deliver the deer, processed into
cuts or ground meat, to a charitable organization that is registered under chapter 309 and
with the commissioner of agriculture and that operates a food assistance program. To
request reimbursement, the processor shall submit an application, on a form prescribed by
the commissioner of agriculture, the tag number under which the deer was taken, and a
receipt for the deer from the charitable organization.
new text end
new text begin Subd. 2. new text end
new text begin Distribution. new text end
new text begin
(a) The commissioner of agriculture shall ensure the
equitable statewide distribution of processed deer by requiring the charitable organization
to allocate and distribute processed deer according to the allocation formula used in the
distribution of United States Department of Agriculture commodities under the federal
emergency food assistance program. The charitable organization must submit quarterly
reports to the commissioner on forms prescribed by the commissioner. The reports must
include, but are not limited to, information on the amount of processed deer received and
the organizations to which the meat was distributed.
new text end
new text begin
(b) The commissioner of agriculture may adopt rules to implement this section.
new text end
Sec. 14.
Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:
Subdivision 1.
License required.
(a) A person or entity may not operate an aquatic
farm without first obtaining an aquatic farm license from the commissioner.
(b) Applications for an aquatic farm license must be made on forms provided by
the commissioner.
(c) Licenses are valid for five years and are transferable upon notification to the
commissioner.
(d) The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.
(e) A license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a significant
detrimental impact on the public resource.
new text begin
(f) By January 15, 2008, the commissioner shall report to the senate and house
of representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture.
new text end
Sec. 15.
Minnesota Statutes 2006, section 18G.03, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Certain species not subject to chapter 18G. new text end
new text begin
This chapter does not apply
to exotic aquatic plants and wild animal species regulated under chapter 84D.
new text end
Sec. 16.
Minnesota Statutes 2006, section 18G.11, is amended to read:
18G.11 COOPERATION WITH OTHER JURISDICTIONS.
new text begin Subdivision 1. new text end
new text begin Detection and control agreements. new text end
The commissioner may enter
into cooperative agreements with organizations, persons, civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with harmful plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.
If a harmful plant pest infestation or infection occurs and cannot be adequately
controlled by individual persons, owners, tenants, or local units of government, the
commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.
new text begin Subd. 2. new text end
new text begin New and emerging plant pest programs. new text end
new text begin
The commissioner may make
grants to municipalities or enter into contracts with municipalities, nurseries, colleges,
universities, state or federal agencies in connection with new or emerging plant pests
programs, including research, or any other organization with the legal authority to enter
into contractual agreements.
new text end
Sec. 17.
new text begin
[84.02] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this chapter, the terms defined in this
section shall have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Best management practice for native prairie restoration. new text end
new text begin
"Best
management practice for native prairie restoration" means using seeds collected from a
native prairie within the same county or within 25 miles of the county's border, but not
across the boundary of an ecotype region.
new text end
new text begin Subd. 3. new text end
new text begin Created grassland. new text end
new text begin
"Created grassland" means a restoration using seeds
or plants with origins outside of the state of Minnesota.
new text end
new text begin Subd. 4. new text end
new text begin Ecotype region. new text end
new text begin
"Ecotype region" means the following ecological
subsections and counties based on the Department of Natural Resources map, "County
Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.
new text end
|
new text begin
Ecotype Region new text end |
new text begin
Counties or portions thereof: new text end |
|
new text begin
Rochester Plateau, Blufflands, and Oak Savanna new text end |
new text begin
Houston, Winona, Fillmore, Wabasha, Goodhue, Mower, Freeborn, Steele, Olmsted, Rice, Waseca, Dakota, Dodge new text end |
|
new text begin
Anoka Sand Plain, Big Woods, and St. Paul Baldwin Plains and Moraines new text end |
new text begin
Anoka, Hennepin, Ramsey, Washington, Chisago, Scott, Carver, McLeod, Wright, Benton, Isanti, Le Sueur, Sherburne new text end |
|
new text begin
Inner Coteau and Coteau Moraines new text end |
new text begin
Lincoln, Lyon, Pipestone, Rock, Murray, Nobles, Jackson, Cottonwood new text end |
|
new text begin
Red River Prairie (South) new text end |
new text begin
Traverse, Wilkin, Clay, Becker new text end |
|
new text begin
Red River Prairie (North) and Aspen Parklands new text end |
new text begin
Kittson, Roseau, Red Lake, Pennington, Marshall, Clearwater, Mahnomen, Polk, Norman new text end |
|
new text begin
Minnesota River Prairie (North) new text end |
new text begin
Big Stone, Pope, Stevens, Grant, Swift, Chippewa, Meeker, Kandiyohi, Renville, Lac qui Parle, Yellow Medicine new text end |
|
new text begin
Minnesota River Prairie (South) new text end |
new text begin
Nicollet, Redwood, Brown, Watonwan, Martin, Faribault, Blue Earth, Sibley new text end |
|
new text begin
Hardwood Hills new text end |
new text begin
Douglas, Morrison, Otter Tail, Stearns, Todd new text end |
new text begin Subd. 5. new text end
new text begin Native prairie. new text end
new text begin
"Native prairie" means land that has never been plowed
where native prairie vegetation originating from the site currently predominates or, if
disturbed, is predominantly covered with native prairie vegetation that originated from the
site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
has predominantly native vegetation originating from the site and conservation practices
have maintained biological diversity.
new text end
new text begin Subd. 6. new text end
new text begin Native prairie species of a local ecotype. new text end
new text begin
"Native prairie species of a local
ecotype" means a genetically differentiated population of a species that has at least one
trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
microorganisms, growing season length, climate, hydrology, and soil.
new text end
new text begin Subd. 7. new text end
new text begin Restored native prairie. new text end
new text begin
"Restored native prairie" means a restoration
using at least 25 representative and biologically diverse native prairie plant species of a
local ecotype originating in the same county as the restoration site or within 25 miles of
the county's border, but not across the boundary of an ecotype region.
new text end
new text begin Subd. 8. new text end
new text begin Restored prairie. new text end
new text begin
"Restored prairie" means a restoration using at least
25 representative and biologically diverse native prairie plant species originating from
the same ecotype region in which the restoration occurs.
new text end
Sec. 18.
Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:
Subd. 9.
Professional services support account.
The commissioner of natural
resources may bill the various programs carried out by the commissioner for the costs of
providing them with professional support services. new text beginExcept as provided under section
89.421, new text endreceipts must be credited to a special account in the state treasury and are
appropriated to the commissioner to pay the costs for which the billings were made.
The commissioner of natural resources shall submit to the commissioner of finance
before the start of each fiscal year a work plan showing the estimated work to be done
during the coming year, the estimated cost of doing the work, and the positions and fees
that will be necessary. This account is exempted from statewide and agency indirect
cost payments.
Sec. 19.
Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:
Subdivision 1.
Contracts.
The commissioner of natural resources is authorized
to enter into contractual agreements with any public or private entity for the provision
of statutorily prescribed natural resources services by the department. The contracts
shall specify the services to be provided. new text beginExcept as provided under section 89.421, new text endfunds
generated in a contractual agreement made pursuant to this section shall be deposited in
the special revenue fund and are appropriated to the department for purposes of providing
the services specified in the contracts. The commissioner shall report revenues collected
and expenditures made under this subdivision to the chairs of the Committees on Ways and
Means in the house and Finance in the senate by January 1 of each odd-numbered year.
Sec. 20.
Minnesota Statutes 2006, section 84.027, is amended by adding a subdivision
to read:
new text begin Subd. 13a. new text end
new text begin Game and fish expedited permanent rules. new text end
new text begin
In addition to the authority
granted in subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:
new text end
new text begin
(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or
new text end
new text begin
(2) section 84D.12 to designate prohibited invasive species, regulated invasive
species, and unregulated nonnative species.
new text end
Sec. 21.
Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Easement information. new text end
new text begin
Parties to an easement purchased under the
authority of the commissioner must:
new text end
new text begin
(1) specify in the easement all provisions that are perpetual in nature;
new text end
new text begin
(2) file the easement with the county recorder or registrar of titles in the county
in which the land is located; and
new text end
new text begin
(3) submit an electronic copy of the easement to the commissioner.
new text end
Sec. 22.
Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:
Subdivision 1.
Sales authorized; gift certificates.
The commissioner may
sell natural resources-related publications and maps;new text begin forest resource assessment
products;new text end federal migratory waterfowl, junior duck, and other federal stamps; and other
nature-related merchandise, and may rent or sell items for the convenience of persons using
Department of Natural Resources facilities or services. The commissioner may sell gift
certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged
by the commissioner under this section may include a reasonable amount in excess of the
actual cost to support Department of Natural Resources programs. The commissioner may
advertise the availability of a program or item offered under this section.
Sec. 23.
Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:
Subd. 2.
Receipts; appropriation.
new text beginExcept as provided under section 89.421,
new text endmoney received by the commissioner under this section or to buy supplies for the use of
volunteers, may be credited to one or more special accounts in the state treasury and is
appropriated to the commissioner for the purposes for which the money was received.
Money received from sales at the state fair shall be available for state fair related costs.
Money received from sales of intellectual property and software products or services shall
be available for development, maintenance, and support of software products and systems.
Sec. 24.
Minnesota Statutes 2006, section 84.777, is amended to read:
84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
new text begin Subdivision 1. new text end
new text begin Designated trails. new text end
(a) Except as otherwise allowed by law or rules
adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state
land administered by the commissioner of natural resources, and on county-administered
forest land within the boundaries of a state forest, except on roads and trails specifically
designated and posted by the commissioner for use by off-highway vehicles.
(b) Paragraph (a) does not apply to county-administered land within a state forest if
the county board adopts a resolution that modifies restrictions on the use of off-highway
vehicles on county-administered land within the forest.
new text begin Subd. 2. new text end
new text begin Off-highway vehicle seasons. new text end
new text begin
(a) The commissioner shall prescribe
seasons for off-highway vehicle use on state forest lands. Except for designated forest
roads, a person must not operate an off-highway vehicle on state forest lands outside of
the seasons prescribed under this paragraph.
new text end
new text begin
(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.
new text end
new text begin
(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.
new text end
new text begin Subd. 3. new text end
new text begin Mapped trails. new text end
new text begin
Except as provided in sections 84.926 and 84.928, after
completion of off-highway vehicle maps for the area, a person must not operate an
off-highway vehicle on state land that is not mapped for the type of off-highway vehicle.
new text end
new text begin Subd. 4. new text end
new text begin Exemption from rulemaking. new text end
new text begin
Determinations of the commissioner under
this section may be by written order published in the State Register and are exempt from
the rulemaking provisions of chapter 14. Section 14.386 does not apply.
new text end
Sec. 25.
Minnesota Statutes 2006, section 84.780, is amended to read:
84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
(a) The off-highway vehicle damage account is created in the natural resources fund.
Money in the off-highway vehicle damage account is appropriated to the commissioner of
natural resources for the repair or restoration of property damaged by the new text beginillegal new text endoperation
of off-highway vehicles new text beginor the operation of off-highway vehiclesnew text end in an unpermitted area
after August 1, 2003, and for the costs of administration for this section. Before the
commissioner may make a payment from this account, the commissioner must determine
whether the damage to the property was caused by the unpermittednew text begin or illegalnew text end use of
off-highway vehicles, that the applicant has made reasonable efforts to identify the
responsible individual and obtain payment from the individual, and that the applicant has
made reasonable efforts to prevent reoccurrence. deleted text beginBy June 30, 2008, the commissioner of
finance must transfer the remaining balance in the account to the off-highway motorcycle
account under section 84.794, the off-road vehicle account under section 84.803, and the
all-terrain vehicle account under section 84.927. The amount transferred to each account
must be proportionate to the amounts received in the damage account from the relevant
off-highway vehicle accounts.
deleted text end
(b) Determinations of the commissioner under this section may be made by written
order and are exempt from the rulemaking provisions of chapter 14. Section 14.386
does not apply.
(c) deleted text beginThis section expires July 1, 2008deleted text endnew text begin Money in the account is available until
expendednew text end.
Sec. 26.
new text begin
[84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.
new text end
new text begin
Notwithstanding any provision of sections 84.797 to 84.805 or other law to the
contrary, the commissioner shall not permit land administered by the commissioner in
Cass, Crow Wing, and Hubbard Counties to be used or developed for trails primarily for
off-road vehicles as defined in section 84.797, subdivision 7, except:
new text end
new text begin
(1) upon approval by the legislature; or
new text end
new text begin
(2) in designated off-road vehicle use areas.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
new text begin
[84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The commissioner of natural resources shall establish
a program to promote the safe and responsible operation of off-highway vehicles in a
manner that does not harm the environment.
new text end
new text begin Subd. 2. new text end
new text begin Agreements. new text end
new text begin
(a) The commissioner shall enter into agreements with
organizations for volunteer services that promote the safe and responsible operation
of off-highway vehicles in a manner that does not harm the environment to maintain,
make improvements to, and monitor trails on state forest land and other public lands.
The organizations shall promote the operation of off-highway vehicles in a safe and
responsible manner that complies with the laws and rules that relate to the operation
of off-highway vehicles.
new text end
new text begin
(b) The organizations may provide assistance to the department in locating,
recruiting, and training instructors for off-highway vehicle training programs.
new text end
new text begin
(c) The commissioner may provide assistance to enhance the comfort and safety
of volunteers and to facilitate the implementation and administration of the safety and
conservation program.
new text end
new text begin
(d) The commissioner shall establish standards, train, and certify organizations and
individuals participating as volunteers under this section. The training shall include:
new text end
new text begin
(1) the identification of invasive species;
new text end
new text begin
(2) correctly reporting the location of invasive species; and
new text end
new text begin
(3) basic global positioning system operation.
new text end
new text begin Subd. 3. new text end
new text begin Worker displacement prohibited. new text end
new text begin
The commissioner may not enter into
any agreement that has the purpose of or results in the displacement of public employees
by volunteers participating in the off-highway safety and conservation program under
this section. The commissioner must certify to the appropriate bargaining agent that the
work performed by a volunteer will not result in the displacement of currently employed
workers or workers on seasonal layoff or layoff from a substantially equivalent position,
including partial displacement such as reduction in hours of nonovertime work, wages, or
other employment benefits.
new text end
new text begin Subd. 4. new text end
new text begin Off-Highway Vehicle Safety Advisory Council. new text end
new text begin
(a) The commissioner
of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to
advise the commissioner on:
new text end
new text begin
(1) off-highway vehicle safety; and
new text end
new text begin
(2) standards and certification for organizations and individuals participating as
volunteers under this section.
new text end
Sec. 28.
Minnesota Statutes 2006, section 84.922, subdivision 1a, is amended to read:
Subd. 1a.
Exemptions.
All-terrain vehicles exempt from registration are:
(1) vehicles owned and used by the United States, the state, another state, or a
political subdivision;
(2) vehicles registered in another state or country that have not been in this state
for more than 30 consecutive days; deleted text beginand
deleted text end
(3) vehicles used exclusively in organized track racing eventsnew text begin; and
new text end
new text begin (4) vehicles that are 25 years old or older and were originally produced as a separate
identifiable make by a manufacturernew text end.
Sec. 29.
Minnesota Statutes 2006, section 84.922, subdivision 5, is amended to read:
Subd. 5.
Fees for registration.
(a) The fee for a three-year registration of
an all-terrain vehicle under this section, other than those registered by a dealer or
manufacturer under paragraph (b) or (c), is:
(1) deleted text beginfor public use before January 1, 2005, $23;
deleted text end
deleted text begin (2)deleted text end for public use deleted text beginon January 1, 2005deleted text end, deleted text beginand after, $30deleted text endnew text begin $45new text end;
deleted text begin (3)deleted text endnew text begin (2)new text end for private use, $6; and
deleted text begin (4)deleted text endnew text begin (3)new text end for a duplicate or transfer, $4.
(b) The total registration fee for all-terrain vehicles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not
transferable.
(c) The total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per
year. Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision must be credited to the all-terrain
vehicle account.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2008.
new text end
Sec. 30.
Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
Subd. 2.
Purposes.
Subject to appropriation by the legislature, money in the
all-terrain vehicle account may only be spent for:
(1) the education and training program under section 84.925;
(2) administration, enforcement, and implementation of sections 84.773 to 84.929;
(3) acquisition, maintenance, and development of vehicle trails and use areas;
(4) grant-in-aid programs to counties and municipalities to construct and maintain
all-terrain vehicle trails and use areas;
(5) grants-in-aid to local safety programs; deleted text beginand
deleted text end
(6) enforcement and public education grants to local law enforcement agenciesdeleted text begin.deleted text endnew text begin; and
new text end
new text begin
(7) maintenance of minimum-maintenance forest roads designated under section
89.71, subdivision 5, and county forest roads that are part of a designated trail system
within state forest boundaries as established under section 89.021.
new text end
The distribution of funds made available through grant-in-aid programs must be
guided by the statewide comprehensive outdoor recreation plan.
Sec. 31.
Minnesota Statutes 2006, section 84.963, is amended to read:
84.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
new text begin (a) new text endThe commissioner of natural resources shall study the feasibility of establishing
private or public prairie plant seed production areas within prairie land locations. If
prairie plant seed production is feasible, the commissioner may aid the establishment of
production areas. The commissioner may enter cost-share or sharecrop agreements with
landowners having easements for conservation purposes of ten or more years on their land
to commercially produce prairie plant seed of Minnesota origin. The commissioner may
only aid prairie plant seed production areas on agricultural land used to produce crops
before December 23, 1985, and cropped three out of five years between 1981 and 1985.
new text begin
(b) The commissioner shall compile, prepare, and electronically disseminate to
the public prairie establishment guidance materials and resources. The resources must
provide information and guidance on project planning, seed selection including ecotype
and species mix, site preparation, seeding, maintenance, and technical service providers.
The commissioner shall use actual prairie restoration projects under development on
state-owned land to illustrate and demonstrate the practices described.
new text end
Sec. 32.
Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin
Contracts for services for emergency invasive species prevention work;
commissions to persons employed.
new text end
new text begin
The commissioner may contract for or accept the
services of any persons whose aid is available, temporarily or otherwise, in emergency
invasive species prevention work, either gratuitously or for compensation not in excess of
the limits provided by law with respect to the employment of labor by the commissioner.
The commissioner may issue a commission, or other written evidence of authority, to any
person whose services are so arranged for and may thereby empower the person to act,
temporarily or otherwise, in any other capacity, with powers and duties as may be specified
in the commission or other written evidence of authority, but not in excess of the powers
conferred by law. The commissioner of agriculture, under authority provided by law, shall
cooperate with the commissioner in emergency control of invasive species prevention.
new text end
Sec. 33.
Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read:
Subdivision 1.
Infested waters; restricted activities.
(a) The commissioner shall
designate a water of the state as an infested water if the commissioner determines thatnew text begin:
new text end
new text begin (1)new text end the water contains a population of an aquatic invasive species that could spread
to other waters if use of the water and related activities are not regulated to prevent thisnew text begin; or
new text end
new text begin (2) the water is highly likely to be infested by an aquatic invasive species because it
is connected to a water that contains a population of an aquatic invasive speciesnew text end.
(b) When determining which invasive species comprise infested waters, the
commissioner shall consider:
(1) the extent of a species distribution within the state;
(2) the likely means of spread for a species; and
(3) whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.
(c) The presence of common carp and curly-leaf pondweed shall not be the basis for
designating a water as infested.
new text begin
(d) The designation of infested waters by the commissioner shall be by written order
published in the State Register. Designations are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.
new text end
Sec. 34.
Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read:
Subdivision 1.
Required rules.
The commissioner shall adopt rules:
(1) designating deleted text begininfested waters,deleted text end prohibited invasive species, regulated invasive
species, and unregulated nonnative species of aquatic plants and wild animals;
(2) governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and
(3) governing notification under section 84D.08.
Sec. 35.
Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read:
Subd. 3.
Expedited rules.
The commissioner may adopt rules under section 84.027,
subdivision 13, that designate:
(1) prohibited invasive species of aquatic plants and wild animals;
(2) regulated invasive species of aquatic plants and wild animals;new text begin and
new text end
(3) unregulated nonnative species of aquatic plants and wild animalsdeleted text begin; and
deleted text end
deleted text begin (4) infested watersdeleted text end.
Sec. 36.
Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:
Subd. 7.
Satisfaction of civil penalties.
A civil penalty is due and a watercraft
license suspension is effective 30 days after issuance of the civil citation. A civil penalty
collected under this section is payable to the commissioner and must be credited to the
deleted text begin water recreation accountdeleted text endnew text begin invasive species accountnew text end.
Sec. 37.
Minnesota Statutes 2006, section 84D.14, is amended to read:
84D.14 EXEMPTIONS.
This chapter does not apply to:
(1) pathogens and terrestrial arthropods regulated under sections 18G.01 to ; or
(2) mammals and birds defined by statute as livestock.
Sec. 38.
new text begin
[84D.15] INVASIVE SPECIES ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The invasive species account is created in the state
treasury in the natural resources fund.
new text end
new text begin Subd. 2. new text end
new text begin Receipts. new text end
new text begin
Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
in the invasive species account. Each year, the commissioner of finance shall transfer from
the game and fish fund to the invasive species account, the annual surcharge collected on
nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
new text end
new text begin Subd. 3. new text end
new text begin Use of money in account. new text end
new text begin
Money credited to the invasive species account
in subdivision 2 shall be used for management of invasive species and implementation of
this chapter as it pertains to invasive species, including control, public awareness, law
enforcement, assessment and monitoring, management planning, and research.
new text end
Sec. 39.
Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision
to read:
new text begin Subd. 11b. new text end
new text begin
Greenleaf Lake State Recreation Area, which is hereby renamed from
Greenleaf Lake State Park.
new text end
Sec. 40.
new text begin
[85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
CITIZENS ADVISORY COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Advisory council created. new text end
new text begin
The Cuyuna Country State Recreation
Area Citizens Advisory Council is established. Membership on the advisory council
shall include:
new text end
new text begin
(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
Board;
new text end
new text begin
(2) a representative of the Croft Mine Historical Park Joint Powers Board;
new text end
new text begin
(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
worked as a miner in the local area;
new text end
new text begin
(4) a representative of the Crow Wing County Board;
new text end
new text begin
(5) an elected state official;
new text end
new text begin
(6) a representative of the Grand Rapids regional office of the Department of Natural
Resources;
new text end
new text begin
(7) a designee of the Iron Range Resources and Rehabilitation Board;
new text end
new text begin
(8) a designee of the local business community selected by the area chambers of
commerce;
new text end
new text begin
(9) a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;
new text end
new text begin
(10) a designee of a local education organization selected by the Crosby-Ironton
School Board;
new text end
new text begin
(11) a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and
new text end
new text begin
(12) a member of the Cuyuna Country Heritage Preservation Society.
new text end
new text begin Subd. 2. new text end
new text begin Administration. new text end
new text begin
(a) The advisory council must meet at least four times
annually. The council shall elect a chair and meetings shall be at the call of the chair.
new text end
new text begin
(b) Members of the advisory council shall serve as volunteers for two-year terms
with the ability to be reappointed. Members shall accept no per diem.
new text end
new text begin
(c) The state recreation area manager may attend the council meetings and advise
the council of issues in management of the recreation area.
new text end
new text begin
(d) Before a major decision is implemented in the Cuyuna Country State Recreation
Area, the area manager must consult with the council and take into consideration any
council comments or advice that may impact the major decision.
new text end
Sec. 41.
Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Cuyuna Country State Recreation Area. new text end
new text begin
A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
Area, except for overnight camping.
new text end
Sec. 42.
Minnesota Statutes 2006, section 85.32, subdivision 1, is amended to read:
Subdivision 1.
Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark canoe and boating routes on the Little Fork, Big Fork, Minnesota,
St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing,
St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift
County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County
to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter
Tail, new text beginRedwood, new text endand Crow Rivers which have historic and scenic values and to mark
appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls,
whirlpools, and other serious hazards which are dangerous to canoe and watercraft
travelers.
Sec. 43.
Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:
Subd. 2.
Money deposited in account.
The following shall be deposited in the state
treasury and credited to the water recreation account:
(1) fees deleted text beginand surchargesdeleted text end from titling and licensing of watercraft under this chapter;
(2) fines, installment payments, and forfeited bail according to section 86B.705,
subdivision 2;
(3) deleted text begincivil penalties according to section 84D.13;
deleted text end
deleted text begin (4)deleted text end mooring fees and receipts from the sale of marine gas at state-operated or
state-assisted small craft harbors and mooring facilities according to section 86A.21;
deleted text begin (5)deleted text end new text begin(4) new text endthe unrefunded gasoline tax attributable to watercraft use under section
296A.18; and
deleted text begin (6)deleted text end new text begin(5) new text endfees for permits issued to control or harvest aquatic plants other than wild
rice under section 103G.615, subdivision 2.
Sec. 44.
Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision
to read:
new text begin Subd. 27. new text end
new text begin Community forest. new text end
new text begin
"Community forest" means public and private trees
and associated plants occurring individually, in small groups, or under forest conditions
within a municipality.
new text end
Sec. 45.
Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read:
Subdivision 1.
Employment of competent foresters; service to private owners.
The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota who own not more than 1,000 acres of forest
land, forest management services consisting of:
(1) advice in management and protection of timber, including written stewardship
and forest management plans;
(2) selection and marking of timber to be cut;
(3) measurement of products;
(4) aid in marketing harvested products;
(5) provision of tree-planting equipment; deleted text beginanddeleted text end
(6) new text beginadvice in community forest management; and
new text end
new text begin (7) new text endsuch other services as the commissioner of natural resources deems necessary
or advisable to promote maximum sustained yield of timber new text beginand other benefits new text endupon
such forest lands.
Sec. 46.
Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read:
Subd. 2.
Charge for service; receipts to special revenue fund.
The commissioner
of natural resources may charge the owner receiving such services such sums as the
commissioner shall determine to be fair and reasonable. The charges must account for
differences in the value of timbernew text begin and other benefitsnew text end. The receipts from such services shall
be credited to the special revenue fund and are annually appropriated to the commissioner
for the purposes specified in subdivision 1.
Sec. 47.
Minnesota Statutes 2006, section 88.82, is amended to read:
88.82 MINNESOTA RELEAF PROGRAM.
The Minnesota releaf program is established in the Department of Natural Resources
to encourage, promote, and fund the new text begininventory, new text endplanting, new text beginassessment, new text endmaintenance, deleted text beginanddeleted text end
improvementnew text begin, protection, and restorationnew text end of trees new text beginand forest resources new text endin this state to
new text begin enhance community forest ecosystem health and sustainability as well as to new text endreduce
atmospheric carbon dioxide levels and promote energy conservation.
Sec. 48.
Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read:
Subd. 8.
Forest resources.
"Forest resources" means those natural assets of forest
lands, including timber and other forest crops; biological diversity; recreation; fish and
wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; new text beginclimate;
new text endand educational, aesthetic, and historic values.
Sec. 49.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Forest pest. new text end
new text begin
"Forest pest" means any vertebrate or invertebrate animal,
plant pathogen, or plant that is determined by the commissioner to be harmful, injurious,
or destructive to forests or timber.
new text end
Sec. 50.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Shade tree pest. new text end
new text begin
"Shade tree pest" means any vertebrate or invertebrate
animal, plant pathogen, or plant that is determined by the commissioner to be harmful,
injurious, or destructive to shade trees or community forests.
new text end
Sec. 51.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Community forest. new text end
new text begin
"Community forest" has the meaning given under
section 88.01, subdivision 27.
new text end
Sec. 52.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Shade tree. new text end
new text begin
"Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.
new text end
Sec. 53.
Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read:
Subdivision 1.
Best methods.
The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste lands, deleted text beginpreventing
destructiondeleted text end new text beginminimizing loss or damage new text endof deleted text beginforests and landsdeleted text end new text beginforest resources new text endby fire,new text begin forest
pests, or shade tree pests,new text end administering forests on forestry principles, encouraging private
owners to preserve and grow new text begintrees or new text endtimber for commercial new text beginor other new text endpurposes, and
conserving the forests around the head waters of streams and on the watersheds of the state.
Sec. 54.
Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read:
Subd. 2.
General duties.
The commissioner shall execute all rules pertaining
to forestry and forest protection within the jurisdiction of the state; have charge of the
work of protecting all forests and lands from firenew text begin, forest pests, and shade tree pestsnew text end;
shall investigate the origin of all forest fires; and prosecute all violators as provided by
law; shall prepare and print for public distribution an abstract of the forest fire laws of
Minnesota, together with such rules as may be formulated.
The commissioner shall prepare printed notices calling attention to the dangers from
forest fires and cause them to be posted in conspicuous places.
Sec. 55.
Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read:
Subd. 4.
Forest plans.
The commissioner shall cooperate with the several
departments of the state and federal governments and with counties, towns, new text beginmunicipalities,
new text endcorporations, or individuals in the preparation of plans for forest protectiondeleted text begin,deleted text end new text beginand
new text endmanagementdeleted text begin,deleted text endnew text begin and planting or new text end replacement of treesdeleted text begin,deleted text endnew text begin innew text end wood lotsdeleted text begin,deleted text end andnew text begin community forests
or onnew text end timber tracts, using such influence as time will permit toward the establishment of
scientific forestry principles in the management, protection, and promotion of the forest
resources of the state.
Sec. 56.
Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:
Subd. 2.
Receipts to deleted text beginnatural resourcesdeleted text endnew text begin special revenuenew text end fund.
Fees collected under
subdivision 1 shall be credited to deleted text begina forest land use account in the natural resources funddeleted text endnew text begin
the special revenue fund and are annually appropriated to the commissioner to recoup the
costs of developing, operating, and maintaining facilities necessary for the specified uses
in subdivision 1 or to prevent or mitigate resource impacts of those usesnew text end.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, and applies to fees
collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
1, 2006.
new text end
Sec. 57.
new text begin
[89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
SERVICES ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The forest resource assessment products and services
account is created in the state treasury in the natural resources fund.
new text end
new text begin Subd. 2. new text end
new text begin Receipts. new text end
new text begin
Money received from forest resource assessment product sales
and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
and 84.0855 shall be credited to the forest resource assessment products and services
account. Forest resource assessment products and services include the sale of aerial
photography, remote sensing, and satellite imagery products and services.
new text end
new text begin Subd. 3. new text end
new text begin Use of money in account. new text end
new text begin
Money credited to the forest resource
assessment products and services account under subdivision 2 is annually appropriated to
the commissioner and shall be used to maintain the staff and facilities producing the aerial
photography, remote sensing, and satellite imagery products and services.
new text end
Sec. 58.
Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read:
Sec. 59.
Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read:
Subd. 6.
Infestation.
new text begin"new text endInfestationdeleted text begin,deleted text endnew text begin"new text end includes actual, potential, incipientnew text begin,new text end or
deleted text begin emergencydeleted text endnew text begin emergentnew text end infestation or infection by forest new text beginpests or shade tree new text endpests.
Sec. 60.
Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read:
Subd. 9.
Forest land or forest.
new text begin"new text endForest landnew text begin"new text end or new text begin"new text endforestdeleted text begin,deleted text endnew text begin"new text end means land on which
occurs a stand or potential stand of trees valuable for timber products, watershed or
wildlife protection, recreational usesnew text begin, community forest benefits,new text end or other purposes, and
shall include lands owned or controlled by the state of Minnesota.
Sec. 61.
Minnesota Statutes 2006, section 89.52, is amended to read:
89.52 SURVEYS, INVESTIGATIONS.
The commissioner shall make surveys and investigations to determine the presence
of infestations of forest new text beginpests or shade tree new text endpests. For this purposenew text begin,new text end duly designated
representatives of the commissioner may enter at reasonable times on public and private
lands deleted text beginfor the purpose of conducting suchdeleted text endnew text begin to conduct thenew text end surveys and investigations.
Sec. 62.
Minnesota Statutes 2006, section 89.53, is amended to read:
89.53 CONTROL OF FOREST new text beginPESTS AND SHADE TREE new text endPESTS.
Subdivision 1.
Commissioner's duties; notice of control measures.
Whenever the
commissioner finds that an area in the state is infested or threatened to be infested with
forest new text beginpests or shade tree new text endpests, the commissioner shall determine whether measures of
control are needed deleted text beginand are availabledeleted text endnew text begin, what control measures are to be applied,new text end and the area
over which the control measures shall be applied. The commissioner shall prescribe
a proposed zone of infestation covering the area in which control measures are to be
applied and shall publish notice of the proposal once a week, for two successive weeks
in a newspaper having a general circulation in each county located in whole or in part
in the proposed zone of infestation. Prescribing zones of infestation deleted text beginisdeleted text end new text beginand prescribing
measures of control are new text endexempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
Subd. 2.
Notice requirements; public comment.
The notice shall include a
description of the boundaries of the proposed zone of infestationnew text begin, the control measures
to be applied,new text end and a time and place where new text beginmunicipalities and new text endowners of forest lands new text beginor
shade trees new text endin the zone may show cause orally or in writing why the zone new text beginand control
measures new text endshould or should not be established. The commissioner shall consider any
statements received in determining whether the zone shall be establishednew text begin and the control
measures appliednew text end.
new text begin Subd. 3. new text end
new text begin Experimental programs. new text end
new text begin
The commissioner may establish experimental
programs for the control of forest pests or shade tree pests and for municipal reforestation.
new text end
Sec. 63.
Minnesota Statutes 2006, section 89.54, is amended to read:
89.54 ZONES OF INFESTATION, ESTABLISHMENT.
Upon the decision by the commissioner that the establishment of a zone new text beginof
infestation new text endis necessary, the commissioner shall make a written order establishing deleted text beginsaiddeleted text end
new text begin the new text end zone, and upon making deleted text beginsaiddeleted text endnew text begin thenew text end order, deleted text beginsaiddeleted text endnew text begin thenew text end zone shall be established. Notice of the
establishment of the zone shall thereupon be published in a newspaper having a general
circulation in each county located in whole or in part in the proposed zonenew text begin and posted on
the Department of Natural Resources Web sitenew text end.
Sec. 64.
Minnesota Statutes 2006, section 89.55, is amended to read:
89.55 INFESTATION CONTROL, COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply
measures of infestation new text beginprevention and new text endcontrol on public and private forest and other
lands within such zone and to any trees, deleted text begintimber,deleted text end plants deleted text beginor shrubs thereondeleted text endnew text begin, wood or wood
products, or contaminated soil new text end harboring or which may harbor the forest new text beginpests or shade
tree new text endpests. For this purpose, the duly authorized representatives of the commissioner
are authorized to enter upon any lands, public or private within deleted text beginsuchdeleted text endnew text begin thenew text end zone. The
commissioner may enter into agreements with owners of the lands in the zone covering
the control work on their lands, and fixing the pro rata basis on which the cost of deleted text beginsuchdeleted text endnew text begin thenew text end
work will be shared between the commissioner and deleted text beginsaiddeleted text endnew text begin thenew text end owner.
Sec. 65.
Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read:
Subdivision 1.
Statement of expenses; cost to owners.
At the end of each fiscal
year and upon completion of the infestation control measures in any zone of infestation,
the commissioner shall prepare a certified statement of expenses incurred in carrying
out deleted text beginsuchdeleted text endnew text begin thenew text end measures, including expenses of owners covered by agreements entered
into pursuant to section 89.55. The statement shall show the amount deleted text beginwhichdeleted text endnew text begin thatnew text end the
commissioner determines to be deleted text beginitsdeleted text endnew text begin the commissioner'snew text end share of the expenses. The share of
the commissioner may include funds and the value of other contributions made available
by the federal government and other cooperators. The balance of deleted text beginsuchdeleted text endnew text begin thenew text end costs shall
constitute a charge on an acreage basis as provided herein against the owners of lands in
the zone containing trees deleted text beginvaluable or potentially valuable for commercial timber purposes
anddeleted text end affected or likely to be affected by the forest new text beginpests or shade tree new text endpests for which control
measures were conducted. In fixing the rates at which charges shall be made against each
owner, the commissioner shall consider the present commercial value of the trees on the
land, the present and potential benefits to deleted text beginsuchdeleted text endnew text begin thenew text end owner from the application of the
control measures, deleted text beginanddeleted text end the cost of applying deleted text beginsuchdeleted text endnew text begin thenew text end measures to the land, and such other
factors as in the discretion of the commissioner will enable determination of an equitable
distribution of the cost to all deleted text beginsuchdeleted text end owners. No charge shall be made against owners to the
extent that they have individually or as members of a cooperative association contributed
funds, suppliesnew text begin,new text end or services pursuant to agreement under this section.
Sec. 66.
Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read:
Subd. 3.
Collection.
The unpaid charges assessed under sections 89.51 to new text begin
89.64new text end and the actions of the commissioner on any protests filed pursuant to subdivision 2,
shall be reported to the tax levying authority for the county in which the lands for which
the charges are assessed are situated and shall be made a public record. Any charges
finally determined to be due shall become a special assessment and shall be payable
in the same manner and with the same interest and penalty charges and with the same
procedure for collection as apply to ad valorem property taxes. Upon collection of the
chargesnew text begin,new text end the county treasurer shall forthwith cause the amounts thereof to be paid to the
forestnew text begin pest and shade treenew text end pest control deleted text beginfunddeleted text endnew text begin accountnew text end created by section 89.58. Any unpaid
charge or lien against the lands shall not be affected by the sale thereof or by dissolution
of the zone of infestation.
Sec. 67.
Minnesota Statutes 2006, section 89.57, is amended to read:
89.57 DISSOLUTION OF ZONE INFESTATION.
Whenever the commissioner shall determine that forest new text beginpest or shade tree new text endpest
control work within an established zone of infestation is no longer necessary or feasible,
the commissioner shall dissolve the zone.
Sec. 68.
Minnesota Statutes 2006, section 89.58, is amended to read:
89.58 FOREST new text beginPEST AND SHADE TREE new text endPEST CONTROL ACCOUNT.
All money collected under the provisions of sections 89.51 to deleted text begin89.61deleted text endnew text begin 89.64,new text end together
with such money as may be appropriated by the legislature or allocated by the Legislative
Advisory Commission for the purposes of sections 89.51 to , and such money
as may be contributed or paid by the federal government, or any other public or private
agency, organization or individual, shall be deposited in the state treasury, to the credit
of the forest new text beginpest and shade tree new text endpest control account, which account is hereby created,
and any moneys therein are appropriated to the commissioner for use in carrying out the
purposes deleted text beginhereofdeleted text endnew text begin of sections 89.51 to 89.64new text end.
Sec. 69.
Minnesota Statutes 2006, section 89.59, is amended to read:
89.59 COOPERATION.
The commissioner may cooperate with the United States or agencies thereof, other
agencies of the state, county or municipal governments, agencies of neighboring statesnew text begin,new text end or
other public or private organizations or individuals and may accept such funds, equipment,
suppliesnew text begin,new text end or services from cooperators and others as deleted text beginitdeleted text end new text beginthe commissioner new text endmay provide in
agreements with the United States or its agencies for matching of federal funds as required
under laws of the United States relating to forest new text beginpests and shade tree new text endpests.
Sec. 70.
Minnesota Statutes 2006, section 89.60, is amended to read:
89.60 DUTIES, RULES; COMMISSIONER.
The commissioner is authorized to employ personnel in accordance with the laws of
this state, to procure necessary equipment, suppliesnew text begin,new text end and service, to enter into contracts, to
provide funds to any agency of the United States for work or services under sections 89.51
to deleted text begin89.61deleted text endnew text begin 89.64new text end, and to designate or appoint, as deleted text beginitsdeleted text endnew text begin the commissioner'snew text end representatives,
employees of deleted text beginitsdeleted text end cooperatorsnew text begin,new text end including employees of the United States or any agency
thereof. The commissioner may prescribe rules for carrying out the purposes deleted text beginhereofdeleted text endnew text begin
of this sectionnew text end.
Sec. 71.
Minnesota Statutes 2006, section 89.61, is amended to read:
89.61 ACT SUPPLEMENTAL.
Provisions of sections 89.51 to deleted text begin89.61deleted text endnew text begin 89.64new text end are supplementary to and not to be
construed to repeal existing legislation.
Sec. 72.
new text begin
[89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grants. new text end
new text begin
The commissioner may make grants to aid in the control of
a shade tree pest. To be eligible, a grantee must have a pest control program approved
by the commissioner that:
new text end
new text begin
(1) defines tree ownership and who is responsible for the costs associated with
control measures;
new text end
new text begin
(2) defines the zone of infestation within which the control measures are to be
applied;
new text end
new text begin
(3) includes a tree inspector certified under section 89.63 and having the authority to
enter and inspect private lands;
new text end
new text begin
(4) has the means to enforce measures needed to limit the spread of shade tree
pests; and
new text end
new text begin
(5) provides that grant money received will be deposited in a separate fund to be
spent only for the purposes authorized by this section.
new text end
new text begin Subd. 2. new text end
new text begin Grant eligibility. new text end
new text begin
The following are eligible for grants under this section:
new text end
new text begin
(1) a home rule charter or statutory city or a town that exercises municipal powers
under section 368.01 or any general or special law;
new text end
new text begin
(2) a special park district organized under chapter 398;
new text end
new text begin
(3) a special-purpose park and recreation board;
new text end
new text begin
(4) a soil and water conservation district;
new text end
new text begin
(5) a county; or
new text end
new text begin
(6) any other organization with the legal authority to enter into contractual
agreements.
new text end
new text begin Subd. 3. new text end
new text begin Rules; applicability to municipalities. new text end
new text begin
The rules and procedures adopted
under this section by the commissioner apply in a municipality unless the municipality
adopts an ordinance determined by the commissioner to be more stringent than the rules
and procedures of the commissioner. The rules and procedures of the commissioner or
the municipality apply to all state agencies, special purpose districts, and metropolitan
commissions as defined in section 473.121, subdivision 5a, that own or control land
adjacent to or within a zone of infestation.
new text end
Sec. 73.
new text begin
[89.63] CERTIFICATION OF TREE INSPECTORS.
new text end
new text begin
(a) The governing body of a municipality may appoint a qualified tree inspector.
Two or more municipalities may jointly appoint a tree inspector for the purpose of
administering their respective pest control programs.
new text end
new text begin
(b) Upon a determination by the commissioner that a candidate for the position
of tree inspector is qualified, the commissioner shall issue a certificate of qualification
to the tree inspector. The certificate is valid for one year. A person certified as a tree
inspector by the commissioner may enter and inspect any public or private property that
might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree
inspector certification workshop, upon completion of which participants are qualified
as tree inspectors.
new text end
new text begin
(c) The commissioner may suspend and, upon notice and hearing, decertify a
tree inspector if the tree inspector fails to act competently or in the public interest in
the performance of duties.
new text end
Sec. 74.
new text begin
[89.64] EXEMPTIONS.
new text end
new text begin
This chapter does not supersede the authority of the Department of Agriculture
under chapter 18G.
new text end
Sec. 75.
Minnesota Statutes 2006, section 89A.11, is amended to read:
89A.11 REPEALER.
Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08;
89A.09; 89A.10; and 89A.11new text begin,new text end are repealed June 30, deleted text begin2007deleted text endnew text begin 2017new text end.
Sec. 76.
Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Change of security. new text end
new text begin
Prior to any harvest activity, or activities incidental
to the preparation for harvest, a purchaser having posted a bond for 100 percent of the
purchase price of a sale may request the release of the bond and the commissioner shall
grant the release upon cash payment to the commissioner of 15 percent of the appraised
value of the sale, plus eight percent interest on the appraised value of the sale from the
date of purchase to the date of release.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 77.
Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read:
Subd. 3.
Expiration.
Notwithstanding section 15.059, subdivision 5, or other law to
the contrary, the committee expires June 30, deleted text begin2007deleted text endnew text begin 2011new text end.
Sec. 78.
Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin(a) new text endAll payments under sections 93.14 to 93.285 shall
be made to the Department of Natural Resources and shall be credited according to this
section.
deleted text begin
(a) If the lands or minerals and mineral rights covered by a lease are held by the state
by virtue of an act of Congress, payments made under the lease shall be credited to the
permanent fund of the class of land to which the leased premises belong.
deleted text end
deleted text begin
(b) If a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state.
deleted text end
deleted text begin
(c) If the lands or minerals and mineral rights covered by a lease are held by the
state in trust for the taxing districts, payments made under the lease shall be distributed
annually on the first day of September as follows:
deleted text end
deleted text begin
(1) 20 percent to the general fund; and
deleted text end
deleted text begin
(2) 80 percent to the respective counties in which the lands lie, to be apportioned
among the taxing districts interested therein as follows: county, three-ninths; town or city,
two-ninths; and school district, four-ninths.
deleted text end
deleted text begin
(d) Except as provided under this section and except where the disposition of
payments may be otherwise directed by law, all payments shall be paid into the general
fund of the state.
deleted text end
new text begin
(b) Twenty percent of all payments under sections to shall be
credited to the minerals management account in the natural resources fund as costs for
the administration and management of state mineral resources by the commissioner of
natural resources.
new text end
new text begin
(c) The remainder of the payments shall be credited as follows:
new text end
new text begin
(1) if the lands or minerals and mineral rights covered by a lease are held by the state
by virtue of an act of Congress, payments made under the lease shall be credited to the
permanent fund of the class of land to which the leased premises belong;
new text end
new text begin
(2) if a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state;
new text end
new text begin
(3) if the lands or minerals and mineral rights covered by a lease are held by the state
in trust for the taxing districts, payments made under the lease shall be distributed annually
on the first day of September to the respective counties in which the lands lie, to be
apportioned among the taxing districts interested therein as follows: county, three-ninths;
town or city, two-ninths; and school district, four-ninths;
new text end
new text begin
(4) if the lands or mineral rights covered by a lease became the absolute property of
the state under the provisions of chapter 84A, payments made under the lease shall be
distributed as follows: county containing the land from which the income was derived,
five-eighths; and general fund of the state, three-eighths; and
new text end
new text begin
(5) except as provided under this section and except where the disposition of
payments may be otherwise directed by law, payments made under a lease shall be paid
into the general fund of the state.
new text end
Sec. 79.
Minnesota Statutes 2006, section 97A.045, is amended by adding a
subdivision to read:
new text begin Subd. 12. new text end
new text begin Establishing fees. new text end
new text begin
Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish fees providing for the use
of state wildlife management area or aquatic management area lands for specific purposes,
including dog trials, special events, and commercial uses. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end
Sec. 80.
Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:
Subd. 4.
Game and fish annual reports.
(a) By December 15 each year,
the commissioner shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on each of the following:
(1) the amount of revenue from the following and purposes for which expenditures
were made:
(i) the small game license surcharge under section 97A.475, subdivision 4;
(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
5, clause (1);
(iii) the trout and salmon stamp under section 97A.475, subdivision 10;
(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); deleted text beginanddeleted text end
(v) the turkey stamp under section 97A.475, subdivision 5, clause (3); new text beginand
new text end
new text begin
(vi) the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;
new text end
(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;
(3) money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;
(4) outcome goals for the expenditures from the game and fish fund; and
(5) summary and comments of citizen oversight committee reviews under
subdivision 4b.
(b) The report must include the commissioner's recommendations, if any, for
changes in the laws relating to the stamps and surcharge referenced in paragraph (a).
Sec. 81.
Minnesota Statutes 2006, section 97A.065, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Deer license donations and surcharges. new text end
new text begin
(a) The surcharges and donations
collected under section 97A.475, subdivision 3, paragraph (b), and subdivision 3a,
shall be deposited in an account in the special revenue fund and are appropriated to
the commissioner for deer management, including for grants or payments to agencies,
organizations, or individuals for assisting with the cost of processing deer taken for
population management purposes for venison donation programs. None of the additional
license fees shall be transferred to any other agency for administration of programs other
than venison donation. If any money transferred by the commissioner is not used for a
venison donation program, it shall be returned to the commissioner.
new text end
new text begin
(b) By February 10, 2010, the commissioner shall report to the legislature on the
participation in and the effectiveness of the venison donation program.
new text end
Sec. 82.
Minnesota Statutes 2006, section 97A.133, is amended by adding a
subdivision to read:
new text begin
Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.
new text end
Sec. 83.
Minnesota Statutes 2006, section 97A.205, is amended to read:
97A.205 ENFORCEMENT OFFICER POWERS.
An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes relating to wild animals,
wild rice, public waters, water pollution, conservation, and use of water, in the same
manner as a sheriff;
(2) enter any land to carry out the duties and functions of the division;
(3) make investigations of violations of the game and fish laws;
(4) take an affidavit, if it aids an investigation;
(5) arrest, without a warrant, a person who is detected in the actual violation of the
game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E,
103F, 103G, sections 86B.001 to 86B.815, 89.51 to ; or 609.66, subdivision 1,
clauses (1), (2), (5), and (7); and 609.68; and
(6) take an arrested person before a court in the county where the offense was
committed and make a complaint.
Nothing in this section grants an enforcement officer any greater powers than other
licensed peace officers.
Sec. 84.
Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
Subd. 2.
Personal possession.
(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.
(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not
been issued and received.
(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.
(d) A license deleted text beginor stampdeleted text end issued electronically and not immediately provided to the
licensee shall be mailed to the licensee within 30 days of purchase of the license deleted text beginor stamp
validation, except for a pictorial turkey stamp or a pictorial trout and salmon stampdeleted text end. A
pictorial turkey deleted text beginstamp or a pictorialdeleted text endnew text begin, migratory waterfowl, pheasant, ornew text end trout and salmon
stamp shall be deleted text beginmaileddeleted text endnew text begin providednew text end to the licensee after purchase of a deleted text beginlicense ordeleted text end stamp
validation only if the licensee pays an additional $2 fee.
Sec. 85.
Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read:
Subdivision 1.
License period.
(a) Except as provided in paragraphs (b), (c), deleted text beginanddeleted text end
(d)new text begin, and (e)new text end, a license is valid during the lawful time within the license year that the
licensed activity may be performed. A license year begins on the first day of March and
ends on the last day of February.
(b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475,
subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid
for the full license period even if this period extends into the next license year, provided
that the license period selected by the licensee begins at the time of issuance.
(c) When the last day of February falls on a Saturday, an annual resident or
nonresident fish house or dark house license, including a rental fish house or dark house
license, obtained for the license year covering the last day of February, is valid through
Sunday, March 1 and the angling license of the fish house licensee is extended through
March 1.
(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed for the
lifetime of the licensee.
new text begin
(e) A three-year fish house or dark house license is valid during the license year that
it is purchased and the two succeeding license years.
new text end
Sec. 86.
Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read:
Subd. 3a.
Nonresidents under age deleted text begin16deleted text endnew text begin 18new text end; small game.
(a) A nonresident under
age deleted text begin16deleted text endnew text begin 18new text end may obtain a small game license at the resident fee new text beginunder section 97A.475,
subdivision 2, clause (2), new text endif the nonresident:
(1) possesses a firearms safety certificate; or
(2) if age 13 or under, is accompanied by a parent or guardian when purchasing
the license.
(b) A nonresident age 13 or under must be accompanied by a parent or guardian
to take small game. A nonresident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take small game.
Sec. 87.
Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Spouses of residents on active military duty. new text end
new text begin
Notwithstanding section
97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain
resident hunting and fishing licenses.
new text end
Sec. 88.
Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:
new text begin Subd. 1b. new text end
new text begin Residents discharged from active service. new text end
new text begin
(a) A resident who has served
at any time during the preceding 24 months in federal active service, as defined in section
190.05, subdivision 5c, outside the United States as a member of the National Guard, or as
a reserve component or active duty member of the United States armed forces and has
been discharged from active service may take small game and fish without a license if the
resident possesses official military discharge papers. The resident must obtain the seals,
tags, and coupons required of a licensee, which must be furnished without charge.
new text end
new text begin
(b) The commissioner shall issue, without fee, a deer license to a resident who has
served at any time during the preceding 24 months in federal active service, as defined
in section 190.05, subdivision 5c, outside the United States as a member of the National
Guard, or as a reserve component or active duty member of the United States armed
forces and has been discharged from active service. Eligibility under this paragraph is
limited to one license per resident.
new text end
Sec. 89.
Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read:
Subd. 3.
Lifetime small game hunting license; fee.
(a) A resident lifetime small
game hunting license authorizes a person to hunt new text beginand trap new text endsmall game in the state. The
license authorizes those hunting new text beginand trapping new text endactivities authorized by the annual resident
small game hunting deleted text beginlicensedeleted text endnew text begin and trapping licensesnew text end. The license does not include a turkey
stamp validation or any other hunting stamps required by law.
(b) The fees for a resident lifetime small game hunting license are:
(1) age 3 and under, $217;
(2) age 4 to age 15, $290;
(3) age 16 to age 50, $363; and
(4) age 51 and over, $213.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.
new text end
Sec. 90.
Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read:
Subd. 5.
Lifetime sporting license; fee.
(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt new text beginand trap new text endsmall game in the state.
The license authorizes those activities authorized by the annual resident angling deleted text beginanddeleted text endnew text begin,new text end
resident small game huntingnew text begin, and resident trappingnew text end licenses. The license does not include
a trout and salmon stamp validation, a turkey stamp validation, or any other hunting
stamps required by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, $357;
(2) age 4 to age 15, $480;
(3) age 16 to age 50, $613; and
(4) age 51 and over, $413.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.
new text end
Sec. 91.
Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:
Subd. 3.
Nonresident hunting.
new text begin(a) new text endFees for the following licenses, to be issued
to nonresidents, are:
(1) new text beginfor persons age 18 and older new text endto take small game, $73;
(2) new text beginfor persons age 18 and older new text endto take deer with firearms, $135;
(3) new text beginfor persons age 18 and older new text endto take deer by archery,deleted text begin the greater of:
deleted text end
deleted text begin
(i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or
deleted text end
deleted text begin (ii)deleted text end $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoondeleted text begin,deleted text end new text beginor new text endbobcatdeleted text begin,deleted text end deleted text beginfoxdeleted text enddeleted text begin, or coyotedeleted text end, $155;
(7) multizone license to take antlered deer in more than one zone, $270; deleted text beginand
deleted text end
(8) to take Canada geese during a special season, $4new text begin;
new text end
new text begin
(9) for persons at least age 12 and under age 18 to take deer with firearms during the
regular firearms season in any open zone or time period, $13; and
new text end
new text begin (10) for persons at least age 12 and under age 18 to take deer by archery, $13new text end.
new text begin
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7). An additional commission may not be assessed on this
surcharge.
new text end
Sec. 92.
Minnesota Statutes 2006, section 97A.475, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Deer license surcharge. new text end
new text begin
A person may agree to add a donation of $1, $3,
or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or
archery established under subdivisions 2, clauses (4), (5), (9), and (11), and 3, clauses (2),
(3), and (7). Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or
archery established under section 97B.301, subdivision 4, must be increased by a surcharge
of $1. An additional commission may not be assessed on the donation or surcharge and
the following statement must be included in the annual deer hunting regulations: "The
deer license donations and surcharges are being paid by hunters for deer management,
including assisting with the costs of processing deer donated for charitable purposes."
new text end
Sec. 93.
Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:
Subd. 7.
Nonresident fishing.
new text begin(a) new text endFees for the following licenses, to be issued
to nonresidents, are:
(1) to take fish by angling, deleted text begin$34deleted text endnew text begin $37.50new text end;
(2) to take fish by angling limited to seven consecutive days selected by the licensee,
deleted text begin $24deleted text endnew text begin $26.50new text end;
(3) to take fish by angling for a 72-hour period selected by the licensee, deleted text begin$20deleted text endnew text begin $22new text end;
(4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, deleted text begin$46deleted text endnew text begin $50.50new text end;
(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, deleted text begin$35deleted text endnew text begin $38.50new text end.
new text begin
(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5). An additional commission may not be assessed
on this surcharge.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2008.
new text end
Sec. 94.
Minnesota Statutes 2006, section 97A.475, subdivision 11, is amended to read:
Subd. 11.
Fish houses and dark houses; residents.
Fees for the following licenses
are:
(1) new text beginannual new text endfor a fish house or dark house that is not rented, $11.50; deleted text beginand
deleted text end
(2) new text beginannual new text endfor a fish house or dark house that is rented, $26new text begin;
new text end
new text begin
(3) three-year for a fish house or dark house that is not rented, $34.50; and
new text end
new text begin (4) three-year for a fish house or dark house that is rented, $78new text end.
Sec. 95.
Minnesota Statutes 2006, section 97A.475, subdivision 12, is amended to read:
Subd. 12.
Fish houses; nonresident.
Fees for fish house licenses for a nonresident
are:
(1) annual, $33; deleted text beginand
deleted text end
(2) seven consecutive days, $19new text begin; and
new text end
new text begin (3) three-year, $99new text end.
Sec. 96.
Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:
Subd. 7.
Electronic licensing system commission.
The commissioner shall retain
for the operation of the electronic licensing system the commission established under
section 84.027, subdivision 15, and issuing fees collected by the commissioner on all
license fees collected, excluding:
(1) the small game surcharge; deleted text beginand
deleted text end
(2) new text beginthe deer license surcharges or donations under section 97A.475, subdivisions 3,
paragraph (b), and 3a; and
new text end
new text begin (3) new text end$2.50 of the license fee for the licenses in section 97A.475, subdivisions 6,
clauses (1), (2), and (4), 7, 8, 12, and 13.
Sec. 97.
new text begin
[97B.303] VENISON DONATIONS.
new text end
new text begin
An individual who legally takes a deer may donate the deer, for distribution to
charitable food assistance programs, to a meat processor that is licensed under chapter
28A. An individual donating a deer must supply the processor with the tag number under
which the deer was taken.
new text end
Sec. 98.
Minnesota Statutes 2006, section 97B.601, subdivision 3, is amended to read:
Subd. 3.
Nonresidents: raccoondeleted text begin,deleted text endnew text begin ornew text end bobcatdeleted text begin, fox, coyotedeleted text end.
A nonresident may not
take raccoondeleted text begin,deleted text endnew text begin ornew text end bobcatdeleted text begin, fox, or coyotedeleted text end by firearms without a separate license to take that
animal in addition to a small game license.
Sec. 99.
Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:
Subdivision 1.
Stamp required.
(a) Except as provided in paragraph (b) or section
97A.405, subdivision 2, a person required to possess a small game license may not hunt
pheasants withoutdeleted text begin:deleted text end
deleted text begin
(1) a pheasant stamp in possession; and
deleted text end
deleted text begin (2)deleted text end a pheasant stamp validation deleted text beginon the small game license when issued electronicallydeleted text end.
(b) The following persons are exempt from this subdivision:
(1) residents under age 18 or over age 65;
(2) persons hunting on licensed commercial shooting preserves; and
(3) resident disabled veterans with a license issued under section 97A.441,
subdivision 6a.
Sec. 100.
Minnesota Statutes 2006, section 97B.801, is amended to read:
97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
(a) Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl withoutdeleted text begin:deleted text end
deleted text begin
(1) a Minnesota migratory waterfowl stamp in possession; and
deleted text end
deleted text begin (2)deleted text end a migratory waterfowl stamp validation deleted text beginon the small game license when issued
electronicallydeleted text end.
(b) Residents under age 18 or over age 65; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a; and persons hunting on their own property
are not required to possess a stamp deleted text beginor a licensedeleted text end validation under this section.
Sec. 101.
Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
Subd. 3.
Contests requiring a permit.
(a) A person must have a permit from the
commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
deleted text begin Permits shall be issued without a fee.deleted text endnew text begin The commissioner shall charge a fee for the permit
that recovers the costs of issuing the permit and of monitoring the activities allowed by
the permit. The commissioner may waive the fee under this subdivision for a charitable
organization. Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish contest permit fees. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end
(b) If entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:
(1) not previously conducted a fishing contest requiring a permit under this
subdivision; or
(2) ever failed to make required prize awards in a fishing contest conducted by
the applicant, the commissioner may require the applicant to furnish the commissioner
evidence of financial responsibility in the form of a surety bond or bank letter of credit in
the amount of $25,000.
new text begin
(c) The permit fee for any individual contest may not exceed the following amounts:
new text end
new text begin
(1) $120 for an open water contest not exceeding 100 participants and without
off-site weigh-in;
new text end
new text begin
(2) $400 for an open water contest with more than 100 participants and without
off-site weigh-in;
new text end
new text begin
(3) $500 for an open water contest not exceeding 100 participants with off-site
weigh-in;
new text end
new text begin
(4) $1,000 for an open water contest with more than 100 participants with off-site
weigh-in; or
new text end
new text begin
(5) $120 for an ice fishing contest with more than 150 participants.
new text end
Sec. 102.
Minnesota Statutes 2006, section 97C.355, subdivision 2, is amended to read:
Subd. 2.
License required.
A person may not take fish from a dark house or fish
house new text beginthat is left unattended on the ice overnight new text endunless the house is licensed and has a
license tag attached to the exterior in a readily visible location, except as provided in this
subdivision. The commissioner must issue a tag with a dark house or fish house license,
marked with a number to correspond with the license and the year of issue. A dark house
or fish house license is not required of a resident on boundary waters where the adjacent
state does not charge a fee for the same activity.
Sec. 103.
Minnesota Statutes 2006, section 103B.101, is amended by adding a
subdivision to read:
new text begin Subd. 12. new text end
new text begin Authority to issue penalty orders. new text end
new text begin
(a) The board may issue an order
requiring violations to be corrected and administratively assessing monetary penalties of
up to $10,000 per violation for violations of this chapter and chapters 103C, 103D, 103E,
103F, and 103G, any rules adopted under those chapters, and any standards, limitations, or
conditions established by the board.
new text end
new text begin
(b) Administrative penalties issued under paragraph (a) may be appealed according
to section 116.072, if the recipient of the penalty requests a hearing by notifying the
commissioner in writing within 30 days after receipt of the order. For the purposes of this
section, the terms "commissioner" and "agency" as used in section 116.072 mean the
board. If a hearing is not requested within the 30-day period, the order becomes a final
order not subject to further review.
new text end
new text begin
(c) Administrative penalty orders issued under paragraph (a) may be enforced
under section 116.072, subdivision 9. Penalty amounts must be remitted within 30 days
of issuance of the order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 104.
new text begin
[103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
AND OVERSIGHT.
new text end
new text begin Subdivision 1. new text end
new text begin Findings; improving accountability and oversight. new text end
new text begin
The legislature
finds that a process is needed to monitor the performance and activities of local water
management entities. The process should be preemptive so that problems can be identified
early and systematically. Underperforming entities should be provided assistance and
direction for improving performance in a reasonable time frame.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section, "local water management
entities" means watershed districts, soil and water conservation districts, metropolitan
water management organizations, and counties operating separately or jointly in their
role as local water management authorities under chapter 103B, 103C, 103D, or 103G
and chapter 114D.
new text end
new text begin Subd. 3. new text end
new text begin Evaluation and report. new text end
new text begin
The Board of Water and Soil Resources shall
evaluate performance, financial, and activity information for each local water management
entity. The board shall evaluate the entities' progress in accomplishing their adopted
plans on a regular basis, but not less than once every five years. The board shall maintain
a summary of local water management entity performance on the board's Web site.
Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
of local water management entity performance to the chairs of the house and senate
committees having jurisdiction over environment and natural resources policy.
new text end
new text begin Subd. 4. new text end
new text begin Corrective actions. new text end
new text begin
(a) In addition to other authorities, the Board of Water
and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
redirect grants and other funding if the local water management entity has not corrected
deficiencies as prescribed in a notice from the board within one year from the date of
the notice.
new text end
new text begin
(b) The board may defer a decision on a termination petition filed under section
103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
under subdivision 3 or to communicate the results of the evaluation to petitioners or to
local and state government agencies.
new text end
Sec. 105.
Minnesota Statutes 2006, section 103C.321, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Credit card use. new text end
new text begin
The supervisors may authorize the use of a credit card
by any soil and water conservation district officer or employee otherwise authorized
to make a purchase on behalf of the soil and water conservation district. If a soil and
water conservation district officer or employee makes a purchase by credit card that is not
approved by the supervisors, the officer or employee is personally liable for the amount of
the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
or soil and water conservation district policy applicable to soil and water conservation
district purchases.
new text end
Sec. 106.
Minnesota Statutes 2006, section 103D.325, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Credit card use. new text end
new text begin
The managers may authorize the use of a credit card
by any watershed district officer or employee otherwise authorized to make a purchase
on behalf of the watershed district. If a watershed district officer or employee makes a
purchase by credit card that is not approved by the managers, the officer or employee is
personally liable for the amount of the purchase. A purchase by credit card must otherwise
comply with all statutes, rules, or watershed district policy applicable to watershed district
purchases.
new text end
Sec. 107.
Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to
read:
Subdivision 1.
Spoil banks must be spread and deleted text begingrass planteddeleted text endnew text begin permanent
vegetation establishednew text end.
In any proceeding to establish, construct, improve, or do any
work affecting a public drainage system under any law that appoints viewers to assess
benefits and damages, the authority having jurisdiction over the proceeding shall order
spoil banks to be spread consistent with the plan and function of the drainage system. The
authority shall order that permanent grass, other than a noxious weed, be planted on
the deleted text beginbanksdeleted text endnew text begin ditch side slopesnew text end and deleted text beginon a stripdeleted text endnew text begin that a permanent strip of perennial vegetation
approved by the drainage authority be established on each side of the ditch. Preference
should be given to planting native species of a local ecotype. The approved perennial
vegetation shall not impede future maintenance of the ditch. The permanent strips of
perennial vegetation shall benew text end 16-1/2 feet in widthnew text begin measured outward from the top edge
of the constructed channel resulting from the proceeding,new text end or to the crown of the leveled
spoil bank, whichever is the greater, deleted text beginon each side of the top edge of the channel of the
ditch.deleted text endnew text begin except for an action by a drainage authority that results only in a redetermination of
benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
rights-of-way fornew text end the acreage and additional property required for the deleted text beginplantingdeleted text endnew text begin permanent
stripsnew text end must be acquired by the authority having jurisdiction.
Sec. 108.
Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to
read:
Subd. 2.
Reseeding and harvesting deleted text begingrassdeleted text endnew text begin perennial vegetationnew text end.
The authority
having jurisdiction over the repair and maintenance of the drainage system shall supervise
all necessary reseeding. The permanent deleted text begingrassdeleted text endnew text begin strips of perennial vegetationnew text end must be
maintained in the same manner as other drainage system repairs. Harvest of the deleted text begingrassdeleted text endnew text begin
vegetationnew text end from the deleted text begingrassdeleted text endnew text begin permanentnew text end strip in a manner not harmful to the deleted text begingrassdeleted text endnew text begin vegetationnew text end
or the drainage system is the privilege of the fee owner or assigns. The deleted text begincountydeleted text end drainage
inspector shall establish rules for the fee owner and assigns to harvest the deleted text begingrassdeleted text endnew text begin vegetationnew text end.
Sec. 109.
Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to
read:
Subd. 3.
Agricultural practices prohibited.
Agricultural practices, other than
those required for the maintenance of a permanent growth of deleted text begingrassdeleted text endnew text begin perennial vegetationnew text end,
are not permitted on any portion of the property acquired for deleted text beginplantingdeleted text endnew text begin perennial vegetationnew text end.
Sec. 110.
Minnesota Statutes 2006, section 103E.021, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin
Incremental implementation of vegetated ditch buffer strips and side
inlet controls.
new text end
new text begin
(a) Notwithstanding other provisions of this chapter requiring appointment
of viewers and redetermination of benefits and damages, a drainage authority may
implement permanent buffer strips of perennial vegetation approved by the drainage
authority or side inlet controls, or both, adjacent to a public drainage ditch, where
necessary to control erosion and sedimentation, improve water quality, or maintain the
efficiency of the drainage system. Preference should be given to planting native species of
a local ecotype. The approved perennial vegetation shall not impede future maintenance
of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
measured outward from the top edge of the existing constructed channel. Drainage system
rights-of-way for the acreage and additional property required for the permanent strips
must be acquired by the authority having jurisdiction.
new text end
new text begin
(b) A project under this subdivision shall be implemented as a repair according to
section 103E.705, except that the drainage authority may appoint an engineer to examine
the drainage system and prepare an engineer's repair report for the project.
new text end
new text begin
(c) Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement
shall be prepared, including an explanation of how the damages were determined for each
property affected by the project, and filed with the auditor or watershed district. Within 30
days after the damages statement is filed, the auditor or watershed district shall prepare
property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
each owner of property affected by the proposed project.
new text end
new text begin
(d) After a damages statement is filed, the drainage authority shall set a time, by
order, not more than 30 days after the date of the order, for a hearing on the project. At
least ten days before the hearing, the auditor or watershed district shall give notice by mail
of the time and location of the hearing to the owners of property and political subdivisions
likely to be affected by the project.
new text end
new text begin
(e) The drainage authority shall make findings and order the repairs to be made if
the drainage authority determines from the evidence presented at the hearing and by the
viewers and engineer, if appointed, that the repairs are necessary for the drainage system
and the costs of the repairs are within the limitations of section 103E.705.
new text end
Sec. 111.
new text begin
[103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
new text end
new text begin
The drainage authority shall annually submit a report to the Board of Water and Soil
Resources for the calendar year including:
new text end
new text begin
(1) the number and types of actions for which viewers were appointed;
new text end
new text begin
(2) the number of miles of buffer strips established according to section 103E.021;
new text end
new text begin
(3) the number of drainage system inspections conducted; and
new text end
new text begin
(4) the number of violations of section 103E.021 identified and enforcement actions
taken.
new text end
Sec. 112.
Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to
read:
Subd. 8.
Extent of damages.
Damages to be paid may include:
(1) the fair market value of the property required for the channel of an open ditch
and the permanent deleted text begingrassdeleted text end stripnew text begin of perennial vegetationnew text end under section 103E.021;
(2) the diminished value of a farm due to severing a field by an open ditch;
(3) loss of crop production during drainage project construction; deleted text beginand
deleted text end
(4) the diminished productivity or land value from increased overflowdeleted text begin.deleted text endnew text begin; and
new text end
new text begin
(5) costs to restore a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way and damaged by the drainage project.
new text end
Sec. 113.
Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to
read:
Subdivision 1.
Requirements.
The viewers' report must show, in tabular form,
for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
is benefited or damaged:
(1) a description of the lot or tract, under separate ownership, that is benefited or
damaged;
(2) the names of the owners as they appear on the current tax records of the county
and their addresses;
(3) the number of acres in each tract or lot;
(4) the number and value of acres added to a tract or lot by the proposed drainage of
public waters;
(5) the damage, if any, to riparian rights;
(6) the damages paid for the permanent deleted text begingrassdeleted text end stripnew text begin of perennial vegetationnew text end under
section 103E.021;
(7) the total number and value of acres added to a tract or lot by the proposed
drainage of public waters, wetlands, and other areas not currently being cultivated;
(8) the number of acres and amount of benefits being assessed for drainage of areas
which before the drainage benefits could be realized would require a public waters work
permit to work in public waters under section 103G.245 to excavate or fill a navigable
water body under United States Code, title 33, section 403, or a permit to discharge into
waters of the United States under United States Code, title 33, section 1344;
(9) the number of acres and amount of benefits being assessed for drainage of areas
that would be considered conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;
(10) the amount of right-of-way acreage required; and
(11) the amount that each tract or lot will be benefited or damaged.
Sec. 114.
Minnesota Statutes 2006, section 103E.701, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Restoration; disturbance or destruction by repair. new text end
new text begin
If a drainage system
repair disturbs or destroys a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way, the practice must be restored according to the applicable practice plan or
as determined by the drainage authority, if a practice plan is not available. Restoration
costs shall be paid by the drainage system.
new text end
Sec. 115.
Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to
read:
Subdivision 1.
Inspection.
After the construction of a drainage system has been
completed, the drainage authority shall maintain the drainage system that is located in its
jurisdictionnew text begin,new text end including deleted text begingrassdeleted text endnew text begin the permanentnew text end stripsnew text begin of perennial vegetationnew text end under section
103E.021new text begin,new text end and provide the repairs necessary to make the drainage system efficient. The
drainage authority shall have the drainage system inspected on a regular basis by an
inspection committee of the drainage authority or a drainage inspector appointed by the
drainage authority.new text begin Open drainage ditches shall be inspected at a minimum of every five
years when no violation of section 103E.021 is found and annually when a violation of
section 103E.021 is found, until one year after the violation is corrected.new text end
Sec. 116.
Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to
read:
Subd. 2.
deleted text beginGrassdeleted text endnew text begin Permanentnew text end stripnew text begin of perennial vegetationnew text end inspection and
compliance notice.
(a) The drainage authority having jurisdiction over a drainage system
must inspect the drainage system for violations of section 103E.021. If an inspection
committee of the drainage authority or a drainage inspector determines that permanent
deleted text begin grassdeleted text end stripsnew text begin of perennial vegetationnew text end are not being maintained in compliance with section
103E.021, a compliance notice must be sent to the property owner.
(b) The notice must state:
(1) the date the ditch was inspected;
(2) the persons making the inspection;
(3) that spoil banks are to be spread in a manner consistent with the plan and function
of the drainage system andnew text begin thatnew text end the drainage system has acquired a deleted text begingrassdeleted text endnew text begin permanentnew text end strip
deleted text begin 16-1/2 feet in width or to the crown of the spoil bank, whichever is greaterdeleted text endnew text begin of perennial
vegetation, according to section 103E.021new text end;
(4) the violations of section 103E.021;
(5) the measures that must be taken by the property owner to comply with section
103E.021 and the date when the property must be in compliance; and
(6) that if the property owner does not comply by the date specified, the drainage
authority will perform the work necessary to bring the area into compliance with section
103E.021 and charge the cost of the work to the property owner.
(c) If a property owner does not bring an area into compliance with section 103E.021
as provided in the compliance notice, the inspection committee or drainage inspector
must notify the drainage authority.
(d) This subdivision applies to property acquired under section 103E.021.
Sec. 117.
Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to
read:
Subd. 3.
Drainage inspection report.
For each drainage system that the board
designates and requires the drainage inspector to examine, the drainage inspector shall
make a drainage inspection report in writing to the board after examining a drainage
system, designating portions that need repair or maintenance of deleted text begingrassdeleted text endnew text begin the permanentnew text end
stripsnew text begin of perennial vegetationnew text end and the location and nature of the repair or maintenance.
The board shall consider the drainage inspection report at its next meeting and may repair
all or any part of the drainage system as provided under this chapter. The deleted text begingrassdeleted text endnew text begin permanentnew text end
stripsnew text begin of perennial vegetationnew text end must be maintained in compliance with section 103E.021.
Sec. 118.
Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to
read:
Subd. 2.
Additional assessment for agricultural practices on deleted text begingrassdeleted text endnew text begin permanentnew text end
stripnew text begin of perennial vegetationnew text end.
(a) The drainage authority may, after notice and hearing,
charge an additional assessment on property that has agricultural practices on or otherwise
violates provisions related to the permanent deleted text begingrassdeleted text end stripnew text begin of perennial vegetationnew text end acquired
under section 103E.021.
(b) The drainage authority may determine the cost of the repair per mile of open
ditch on the ditch system. Property that is in violation of the grass requirement shall be
assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
of open ditch in miles on the property in violation.
(c) After the amount of the additional assessment is determined and applied to the
repair cost, the balance of the repair cost may be apportioned pro rata as provided in
subdivision 1.
Sec. 119.
new text begin
[103F.518] REINVEST IN MINNESOTA CLEAN ENERGY
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment of program. new text end
new text begin
(a) The board, in consultation with the
technical committee established in subdivision 11, shall establish and administer a reinvest
in Minnesota (RIM) clean energy program that is in addition to the program under section
103F.515. Selection of land for the clean energy program must be based on its potential
benefits for bioenergy crop production, water quality, soil health, reduction of chemical
inputs, soil carbon storage, biodiversity, and wildlife habitat.
new text end
new text begin
(b) For the purposes of this section, "diverse native prairie" means a prairie planted
from a mix of local Minnesota native prairie species. A selection from all available native
prairie species may be made so as to match species appropriate to local site conditions.
new text end
new text begin Subd. 2. new text end
new text begin Eligible land. new text end
new text begin
Eligible land under this section must:
new text end
new text begin
(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;
new text end
new text begin
(2) be at least five acres in size;
new text end
new text begin
(3) not be currently set aside, enrolled, or diverted under another federal or state
government program; and
new text end
new text begin
(4) have been in agricultural use, as defined in section 17.81, subdivision 4, or have
been set aside, enrolled, or diverted under another federal or state program for at least two
of the last five years before the date of application.
new text end
new text begin Subd. 3. new text end
new text begin Designation of project areas. new text end
new text begin
The board shall develop a process to
designate defined project areas. The designation process shall prioritize projects that
include coordinated cooperation of a cellulosic biofuel facility or a bioenergy production
facility, target impaired waters, or support other state or local natural resource plans,
goals, or objectives.
new text end
new text begin Subd. 4. new text end
new text begin Easements. new text end
new text begin
The board may acquire, or accept by gift or donation,
easements on eligible land. An easement may be permanent or of limited duration. An
easement of limited duration may not be acquired if it is for a period less than 20 years.
The negotiation and acquisition of easements authorized by this section are exempt from
the contractual provisions of chapters 16B and 16C.
new text end
new text begin Subd. 5. new text end
new text begin Nature of property rights acquired. new text end
new text begin
(a) An easement must prohibit:
new text end
new text begin
(1) agricultural crop production, unless approved by the board for energy production
purposes; and
new text end
new text begin
(2) spraying with chemicals, except as necessary to comply with noxious weed
control laws, emergency pest control necessary to protect public health, or as needed
to establish a productive planting as determined by the technical committee under
subdivision 11.
new text end
new text begin
(b) An easement is subject to the terms of the agreement provided in subdivision 6.
new text end
new text begin
(c) Agricultural crop production and harvest are limited to native, perennial
bioenergy crops. Harvest shall occur outside of bird nesting season.
new text end
new text begin
(d) An easement must allow repairs, improvements, and inspections necessary to
maintain public drainage systems provided the easement area is restored to the condition
required by the terms of the easement.
new text end
new text begin
(e) An easement may allow nonnative perennial prairie or pasture established by
September 1, 2007, that meet the other objectives outlined in subdivision 7.
new text end
new text begin
(f) An easement may allow grazing of livestock only if practiced under a plan,
approved by the board, that protects water quality, wildlife habitat, and biodiversity.
new text end
new text begin Subd. 6. new text end
new text begin Agreements by landowner. new text end
new text begin
The board may enroll eligible land in the
reinvest in Minnesota clean energy program by signing an agreement in recordable form
with a landowner in which the landowner agrees:
new text end
new text begin
(1) to convey to the state an easement that is not subject to any prior title, lien, or
encumbrance;
new text end
new text begin
(2) to seed the land subject to the easement, as specified in the agreement, at
seeding rates determined by the board, or carry out other long-term capital improvements
approved by the board; and
new text end
new text begin
(3) that the easement duration may be lengthened through mutual agreement with
the board.
new text end
new text begin Subd. 7. new text end
new text begin Payments for easements. new text end
new text begin
The board must develop a tiered payment
system for easements partially based on the benefits of the bioenergy crop production for
water quality, soil health, reduction in chemical inputs, soil carbon storage, biodiversity,
and wildlife habitat using cash rent or a similar system as may be determined by the
board. The payment system must provide that the highest per-acre payment is for diverse
native prairie and perennials.
new text end
new text begin Subd. 8. new text end
new text begin Easement renewal. new text end
new text begin
When an easement of limited duration expires, a
new easement and agreement for an additional period of not less than 20 years may be
acquired by agreement of the board and the landowner under the terms of this section.
The board may adjust payment rates as a result of renewing an agreement and easement
only after examining the condition of the established plantings, conservation practices,
and land values.
new text end
new text begin Subd. 9. new text end
new text begin Correction of easement boundary lines. new text end
new text begin
To correct errors in legal
descriptions for easements that affect the ownership interest in the state and adjacent
landowners, the board may, in the name of the state, with the approval of the attorney
general, convey, without consideration, interests of the state necessary to correct legal
descriptions of boundaries. The conveyance must be by quitclaim deed or release in
a form approved by the attorney general.
new text end
new text begin Subd. 10. new text end
new text begin Enforcement and damages. new text end
new text begin
(a) A landowner who violates the term of
an easement or agreement under this section, or induces, assists, or allows another to do
so, is liable to the state for treble damages if the trespass is willful, but liable for double
damages only if the trespass is not willful. The amount of damages is the amount needed
to make the state whole or the amount the landowner has gained due to the violation,
whichever is greater.
new text end
new text begin
(b) Upon the request of the board, the attorney general may commence an action for
specific performances, injunctive relief, damages, including attorney fees, and any other
appropriate relief to enforce this section in district court in the county where all or part
of the violation is alleged to have been committed, or where the landowner resides or
has a principal place of business.
new text end
new text begin Subd. 11. new text end
new text begin Technical committee. new text end
new text begin
To ensure that public benefits, including water
quality, soil health, reduction of chemical inputs, soil carbon storage, biodiversity, and
wildlife habitat are secured along with bioenergy crop production, the Board of Water and
Soil Resources shall appoint a technical committee consisting of one representative from
the Departments of Agriculture, Natural Resources, and Commerce and the Pollution
Control Agency; two farm organizations; one sustainable agriculture farmer organization;
three rural economic development organizations; three environmental organizations; and
three conservation or wildlife organizations. The board and technical committee shall
consult with private sector organizations and University of Minnesota researchers involved
in biomass establishment and bioenergy or biofuel conversion. The technical committee
is to develop program guidelines and standards, as appropriate to ensure that reinvest in
Minnesota clean energy program contracts provide public benefits commensurate with the
public investment. The technical committee shall review and make recommendations on
the guidelines and standards every five years.
new text end
Sec. 120.
Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to
read:
Subdivision 1.
Requirements.
(a) Wetlands must not be drained or filled, wholly
or partially, unless replaced by restoring or creating wetland areas of at least equal
public value under a replacement plan approved as provided in section 103G.2242, a
replacement plan under a local governmental unit's comprehensive wetland protection
and management plan approved by the board under section 103G.2243, or, if a permit to
mine is required under section 93.481, under a mining reclamation plan approved by the
commissioner under the permit to mine. Mining reclamation plans shall apply the same
principles and standards for replacing wetlands by restoration or creation of wetland areas
that are applicable to mitigation plans approved as provided in section 103G.2242. Public
value must be determined in accordance with section 103B.3355 or a comprehensive
wetland protection and management plan established under section 103G.2243. Sections
103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
flooded areas of types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in descending order
of priority:
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;
(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that a deed restriction is placed on the altered wetland prohibiting
nonagricultural use for at least ten years.
(d) new text beginIf a wetland is drained under section 103G.2241, subdivision 2, paragraphs
(b) and (e), the local government unit may require a deed restriction that prohibits
nonagricultural use for at least ten years unless the drained wetland is replaced as provided
under this section. The local government unit may require the deed restriction if it
determines the wetland area drained is at risk of conversion to a nonagricultural use within
ten years based on the zoning classification, proximity to a municipality or full service
road, or other criteria as determined by the local government unit.
new text end
new text begin (e) new text endRestoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affectednew text begin and ponds that are created primarily to
fulfill stormwater management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetlandnew text end.
deleted text begin (e)deleted text endnew text begin (f)new text end Except as provided in paragraph deleted text begin(f)deleted text endnew text begin (g)new text end, for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
deleted text begin (f)deleted text endnew text begin (g)new text end For a wetland or public waters wetland located on agricultural land or in a
greater than 80 percent area, replacement must be in the ratio of one acre of replaced
wetland for each acre of drained or filled wetland.
deleted text begin (g)deleted text endnew text begin (h)new text end Wetlands that are restored or created as a result of an approved replacement
plan are subject to the provisions of this section for any subsequent drainage or filling.
deleted text begin (h)deleted text endnew text begin (i)new text end Except in a greater than 80 percent area, only wetlands that have been
restored from previously drained or filled wetlands, wetlands created by excavation in
nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
or wetlands created by dikes or dams associated with the restoration of previously drained
or filled wetlands may be used in a statewide banking program established in rules adopted
under section 103G.2242, subdivision 1. Modification or conversion of nondegraded
naturally occurring wetlands from one type to another are not eligible for enrollment in a
statewide wetlands bank.
deleted text begin (i)deleted text endnew text begin (j)new text end The Technical Evaluation Panel established under section 103G.2242,
subdivision 2, shall ensure that sufficient time has occurred for the wetland to develop
wetland characteristics of soils, vegetation, and hydrology before recommending that the
wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
reason to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.
deleted text begin (j)deleted text endnew text begin (k)new text end This section and sections 103G.223 to 103G.2242, 103G.2364, and
103G.2365 apply to the state and its departments and agencies.
deleted text begin (k)deleted text endnew text begin (l)new text end For projects involving draining or filling of wetlands associated with a new
public transportation project, and for projects expanded solely for additional traffic
capacity, public transportation authorities may purchase credits from the board at the cost
to the board to establish credits. Proceeds from the sale of credits provided under this
paragraph are appropriated to the board for the purposes of this paragraph.
deleted text begin (l)deleted text endnew text begin (m)new text end A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on-site;
(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
or drained.
Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section 103G.2242,
subdivision 9. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.
Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.
Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
deleted text begin (m)deleted text endnew text begin (n)new text end If a landowner seeks approval of a replacement plan after the proposed
project has already affected the wetland, the local government unit may require the
landowner to replace the affected wetland at a ratio not to exceed twice the replacement
ratio otherwise required.
deleted text begin (n)deleted text endnew text begin (o)new text end A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.
deleted text begin (o)deleted text endnew text begin (p)new text end One hundred citizens who reside within the jurisdiction of the local
government unit may request the local government unit to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. In support of their
petition, the citizens shall provide satisfactory documentation to the local government unit.
The local government unit shall consider the petition and forward the request to the board
under paragraph deleted text begin(n)deleted text endnew text begin (o)new text end or provide a reason why the petition is denied.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 121.
Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to
read:
Subd. 3.
Wetland replacement siting.
(a) Siting wetland replacement must follow
this priority order:
(1) on site or in the same minor watershed as the affected wetland;
(2) in the same watershed as the affected wetland;
(3) in the same county as the affected wetland;
(4) new text beginfor replacement by wetland banking, in the same wetland bank service area as
the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
less than 50 percent area;
new text end
new text begin (5) for project specific replacement, new text endin an adjacent watershed deleted text beginor countydeleted text end to the
affected wetlandnew text begin, or for replacement by wetland banking, in an adjacent wetland bank
service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
80 percent area and impacts in a less than 50 percent area must be replaced in a less
than 50 percent areanew text end; and
deleted text begin (5)deleted text endnew text begin (6)new text end statewidedeleted text begin, only for wetlands affected in greater than 80 percent areas anddeleted text end for
public transportation projects, except that wetlands affected in less than 50 percent areas
must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
that are wholly or partially within the seven-county metropolitan area, but at least one to
one must be replaced within the seven-county metropolitan area.
(b) new text beginNotwithstanding paragraph (a), siting wetland replacement in greater than 80
percent areas may follow the priority order under this paragraph: (1) by wetland banking
after evaluating on-site replacement and replacement within the watershed; (2) replaced
in an adjacent wetland bank service area if wetland bank credits are not reasonably
available in the same wetland bank service area as the affected wetland, as determined by
a comprehensive inventory approved by the board; and (3) statewide.
new text end
new text begin
(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
metropolitan area must follow the priority order under this paragraph: (1) in the affected
county; (2) in another of the seven metropolitan counties; or (3) in one of the major
watersheds that are wholly or partially within the seven-county metropolitan area, but at
least one to one must be replaced within the seven-county metropolitan area.
new text end
new text begin (d) new text endThe exception in paragraph (a), clause deleted text begin(5)deleted text endnew text begin (6)new text end, does not apply to replacement
completed using wetland banking credits established by a person who submitted a
complete wetland banking application to a local government unit by April 1, 1996.
deleted text begin (c)deleted text endnew text begin (e)new text end When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant
may seek opportunities at the next level.
deleted text begin (d)deleted text endnew text begin (f)new text end For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological conditions and
require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland that will continue
in perpetuity;
(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and
(4) are available and capable of being done after taking into consideration cost,
existing technology, and logistics consistent with overall project purposes.
deleted text begin (e)deleted text endnew text begin (g)new text end Regulatory agencies, local government units, and other entities involved in
wetland restoration shall collaborate to identify potential replacement opportunities within
their jurisdictional areas.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 122.
Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
read:
Subdivision 1.
Agricultural activities.
deleted text begin(a)deleted text end A replacement plan for wetlands is
not required for:
(1) activities in a wetland that was planted with annually seeded crops, was in a crop
rotation seeding of pasture grass or legumes, or was required to be set aside to receive
price support or other payments under United States Code, title 7, sections 1421 to 1469,
in six of the last ten years prior to January 1, 1991;
deleted text begin
(2) activities in a wetland that is or has been enrolled in the federal conservation
reserve program under United States Code, title 16, section 3831, that:
deleted text end
deleted text begin
(i) was planted with annually seeded crops, was in a crop rotation seeding, or was
required to be set aside to receive price support or payment under United States Code,
title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the
program; and
deleted text end
deleted text begin
(ii) has not been restored with assistance from a public or private wetland restoration
program;
deleted text end
deleted text begin
(3) activities in a wetland that has received a commenced drainage determination
provided for by the federal Food Security Act of 1985, that was made to the county
Agricultural Stabilization and Conservation Service office prior to September 19, 1988,
and a ruling and any subsequent appeals or reviews have determined that drainage of the
wetland had been commenced prior to December 23, 1985;
deleted text end
deleted text begin (4)deleted text endnew text begin (2)new text end activities in a type 1 wetland on agricultural new text beginpasture new text endlandnew text begin that remains in the
same usenew text end, except for bottomland hardwood type 1 wetlands, and activities in a type 2
or type 6 wetland that is less than two acres in size and located on agricultural new text beginpasture
new text endlandnew text begin that remains in the same usenew text end;
new text begin
(3) activities in a wetland conducted as part of normal farming practices. For
purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
and ranching activities such as plowing, seeding, cultivating, and harvesting for the
production of feed, food, and fiber products, but does not include activities that result in
the draining of wetlands;
new text end
new text begin
(4) soil and water conservation practices approved by the soil and water conservation
district, after review by the Technical Evaluation Panel;
new text end
(5) aquaculture activities including pond excavation and construction and
maintenance of associated access roads and dikes authorized under, and conducted in
accordance with, a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
but not including construction or expansion of buildings;
(6) wild rice production activities, including necessary diking and other activities
authorized under a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;new text begin or
new text end
deleted text begin
(7) normal agricultural practices to control noxious or secondary weeds as defined
by rule of the commissioner of agriculture, in accordance with applicable requirements
under state and federal law, including established best management practices; and
deleted text end
deleted text begin (8)deleted text endnew text begin (7)new text end agricultural activities deleted text beginin a wetland that isdeleted text end on agricultural landdeleted text begin:
deleted text end
deleted text begin
(i) annually enrolled in the federal Agriculture Improvement and Reform Act of
1996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on
January 1, 2000; or
deleted text end
deleted text begin (ii) deleted text endnew text beginthat is new text endsubject todeleted text begin subsequent deleted text endfederal farm program restrictions that meet
minimum state standards under this chapter and sections 103A.202 and 103B.3355 and
that have been approved by the Board of Water and Soil Resources, the commissioners of
natural resources and agriculture, and the Pollution Control Agency.
deleted text begin
(b) Land enrolled in a federal farm program under paragraph (a), clause (8), is
eligible for easement participation for those acres not already compensated under a federal
program.
deleted text end
deleted text begin
(c) The exemption under paragraph (a), clause (4), may be expanded to additional
acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when
the additional acreage is part of a conservation plan approved by the local soil and water
conservation district, the additional draining or filling is necessary for efficient operation
of the farm, the hydrology of the larger wetland system is not adversely affected, and
wetlands other than types 1, 2, and 6 are not drained or filled.
deleted text end
Sec. 123.
Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
read:
Subd. 2.
Drainage.
(a) For the purposes of this subdivision, "public drainage
system" means a drainage system as defined in section 103E.005, subdivision 12, and any
ditch or tile lawfully connected to the drainage system.
(b) A replacement plan is not required for draining of type 1 wetlands, or up to five
acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
drainage benefits for a public drainage system, provided that:
(1) during the 20-year period that ended January 1, 1992:
(i) there was an expenditure made from the drainage system account for the public
drainage system;
(ii) the public drainage system was repaired or maintained as approved by the
drainage authority; or
(iii) no repair or maintenance of the public drainage system was required under
section 103E.705, subdivision 1, as determined by the public drainage authority; and
(2) the wetlands are not drained for conversion to:
(i) platted lots;
(ii) planned unit, commercial, or industrial developments; or
(iii) any development with more than one residential unit per 40 acresnew text begin, except for
parcels subject to local zoning standards that allow for family members to establish an
additional residence on the same 40 acresnew text end.
If wetlands drained under this paragraph are converted to uses prohibited under clause
(2) during the ten-year period following drainage, the wetlands must be replaced under
section 103G.222.
(c) A replacement plan is not required for draining or filling of wetlands, except for
draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
resulting from maintenance and repair of existing public drainage systems.
(d) A replacement plan is not required for draining or filling of wetlands, except
for draining wetlands that have been in existence for more than 25 years, resulting from
maintenance and repair of existing drainage systems other than public drainage systems.
deleted text begin
(e) A replacement plan is not required for draining or filling of wetlands resulting
from activities conducted as part of a public drainage system improvement project that
received final approval from the drainage authority before July 1, 1991, and after July 1,
1986, if:
deleted text end
deleted text begin
(1) the approval remains valid;
deleted text end
deleted text begin
(2) the project remains active; and
deleted text end
deleted text begin
(3) no additional drainage will occur beyond that originally approved.
deleted text end
new text begin
(e) A replacement plan is not required for draining agricultural land that: (1) was
planted with annually seeded crops before July 5, except for crops that are normally
planted after that date, in eight out of the ten most recent years prior to the impact; (2) was
in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a
crop production purpose, in eight out of the ten most recent years prior to the impact; or
(3) was enrolled in a state or federal land conservation program and met the requirements
of clause (1) or (2) before enrollment.
new text end
(f) The public drainage authority may, as part of the repair, install control structures,
realign the ditch, construct dikes along the ditch, or make other modifications as necessary
to prevent drainage of the wetland.
(g) Wetlands of all types that would be drained as a part of a public drainage repair
project are eligible for the permanent wetlands preserve under section 103F.516. The
board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
been in existence for more than 25 years on public drainage systems and other wetlands
that have the greatest risk of drainage from a public drainage repair project.
Sec. 124.
Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
read:
Subd. 3.
Federal approvals.
A replacement plan for wetlands is not required fordeleted text begin:
deleted text end
deleted text begin
(1) activities exempted from federal regulation under United States Code, title 33,
section 1344(f), as in effect on January 1, 1991;
deleted text end
deleted text begin
(2) activities authorized under, and conducted in accordance with, an applicable
general permit issued by the United States Army Corps of Engineers under section 404
of the federal Clean Water Act, United States Code, title 33, section 1344, except the
nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a),
clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on
January 1, 1991; or
deleted text end
deleted text begin (3)deleted text end activities authorized under the federal Clean Water Act, section 404, or the
Rivers and Harbors Act, section 10, regulations that meet minimum state standards
under this chapter and sections 103A.202 and 103B.3355 and that have been approved
by the Board of Water and Soil Resources, the commissioners of natural resources and
agriculture, and the Pollution Control Agency.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 125.
Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
read:
Subd. 6.
Utilities; public works.
new text begin(a) new text endA replacement plan for wetlands is not
required for:
deleted text begin
(1) placement, maintenance, repair, enhancement, or replacement of utility or
utility-type service if:
deleted text end
deleted text begin
(i) the impacts of the proposed project on the hydrologic and biological
characteristics of the wetland have been avoided and minimized to the extent possible; and
deleted text end
deleted text begin
(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;
deleted text end
deleted text begin
(2) activities associated with routine maintenance of utility and pipeline
rights-of-way, provided the activities do not result in additional intrusion into the wetland;
deleted text end
deleted text begin
(3) alteration of a wetland associated with the operation, maintenance, or repair of
an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
deleted text end
deleted text begin
(4) emergency repair and normal maintenance and repair of existing public works,
provided the activity does not result in additional intrusion of the public works into the
wetland and does not result in the draining or filling, wholly or partially, of a wetland;
deleted text end
deleted text begin
(5) normal maintenance and minor repair of structures causing no additional
intrusion of an existing structure into the wetland, and maintenance and repair of private
crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
deleted text end
deleted text begin
(6) repair and updating of existing individual sewage treatment systems as necessary
to comply with local, state, and federal regulations.
deleted text end
new text begin
(1) new placement or maintenance, repair, enhancement, or replacement of existing
utility or utility-type service, including pipelines, if:
new text end
new text begin
(i) the direct and indirect impacts of the proposed project have been avoided and
minimized to the extent possible; and
new text end
new text begin
(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;
new text end
new text begin
(2) activities associated with operation, routine maintenance, or emergency repair of
existing utilities and public work structures, including pipelines, provided the activities
do not result in additional wetland intrusion or additional draining or filling of a wetland
either wholly or partially; or
new text end
new text begin
(3) repair and updating of existing individual sewage treatment systems necessary to
comply with local, state, and federal regulations.
new text end
new text begin
(b) For maintenance, repair, and replacement, the local government unit may issue
a seasonal or annual exemption certification or the utility may proceed without local
government unit certification if the utility is carrying out the work according to approved
best management practices. Work of an emergency nature may proceed as necessary
and any drain or fill activities shall be addressed with the local government unit after
the emergency work has been completed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 126.
Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
read:
Subd. 9.
De minimis.
(a) Except as provided in paragraphs (b) and (c), a
replacement plan for wetlands is not required for draining or filling the following amounts
of wetlands as part of a project:
(1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
80 percent area;
(2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
areanew text begin, except within the 11-county metropolitan areanew text end;
(3) 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent areanew text begin, except within the 11-county metropolitan
areanew text end;
(4) deleted text begin400deleted text end new text begin100 new text endsquare feet of wetland types not listed in clauses (1) to (3) outside of
new text begin the building setback zone of the new text endshoreland wetland protection zones in all counties; deleted text beginor
deleted text end
(5) 400 square feet of deleted text begintype 1, 2, 3, 4, 5, 6, 7, or 8deleted text end wetlandnew text begin types listed in clauses (1)
to (3)new text end, deleted text beginindeleted text endnew text begin beyondnew text end thenew text begin building setback zone, as defined in the local shoreland management
ordinance, but within thenew text end shoreland wetland protection zonedeleted text begin, except thatdeleted text endnew text begin.new text end In a greater
than 80 percent area, the local government unit may increase the de minimis amount
up to 1,000 square feet deleted text beginin the shoreland protection zone in areas beyond the building
setbackdeleted text end if the wetland is isolated and is determined to have no direct surficial connection
to the public water. To the extent that a local shoreland management ordinance is more
restrictive than this provision, the local shoreland ordinance appliesdeleted text begin.deleted text endnew text begin;
new text end
new text begin
(6) up to 20 square feet of wetland, regardless of type or location;
new text end
new text begin
(7) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
area within the 11-county metropolitan area; or
new text end
new text begin
(8) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area within the 11-county metropolitan area.
new text end
new text begin
For purposes of this paragraph, the 11-county metropolitan area consists of the
counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright.
new text end
(b) The amounts listed in paragraph (a), clauses (1) to deleted text begin(5)deleted text endnew text begin (8)new text end, may not be combined
on a project.
(c) This exemption no longer applies to a landowner's portion of a wetland when
the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
the greatest of:
(1) the applicable area listed in paragraph (a), if the landowner owns the entire
wetland;
(2) five percent of the landowner's portion of the wetland; or
(3) 400 square feet.
(d) This exemption may not be combined with another exemption in this section on
a project.
new text begin
(e) Property may not be divided to increase the amounts listed in paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 127.
Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
read:
Subd. 11.
Exemption conditions.
(a) A person conducting an activity in a wetland
under an exemption in subdivisions 1 to 10 shall ensure that:
(1) appropriate erosion control measures are taken to prevent sedimentation of
the water;
(2) the activity does not block fish passage in a watercourse; and
(3) the activity is conducted in compliance with all other applicable federal,
state, and local requirements, including best management practices and water resource
protection requirements established under chapter 103H.
(b) An activity is exempt if it qualifies for any one of the exemptions, even though it
may be indicated as not exempt under another exemption.
(c) Persons proposing to conduct an exempt activity are encouraged to contact the
local government unit or the local government unit's designee for advice on minimizing
wetland impacts.
new text begin
(d) The board shall develop rules that address the application and implementation
of exemptions and that provide for estimates and reporting of exempt wetland impacts,
including those in section 103G.2241, subdivisions 2, 6, and 9.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 128.
Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
read:
Subd. 2.
Evaluation.
(a) Questions concerning the public value, location, size,
or type of a wetland shall be submitted to and determined by a Technical Evaluation
Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
a technical professional employee of the board, a technical professional employee of
the local soil and water conservation district or districts, a technical professional with
expertise in water resources management appointed by the local government unit, and
a technical professional employee of the Department of Natural Resources for projects
affecting public waters or wetlands adjacent to public waters. The panel shall use the
"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
including updates, supplementary guidance, and replacements, if any, "Wetlands of
the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
edition). The panel shall provide the wetland determination and recommendations on
other technical matters to the local government unit that must approve a replacement
plan, wetland banking plan, exemption determination, no-loss determination, or wetland
boundary or type determination and may recommend approval or denial of the plan. The
authority must consider and include the decision of the Technical Evaluation Panel in their
approval or denial of a plan or determination.
(b) Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. deleted text beginBy January 15, 2001,
the board, in consultation with the Minnesota Association of Professional Soil Scientists,
the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan
for a professional wetland delineator certification program to the legislature.deleted text endnew text begin The board
may develop a professional wetland delineator certification program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 129.
Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
read:
Subd. 2a.
Wetland boundary or type determination.
(a) A landowner may apply
for a wetland boundary or type determination from the local government unit. The
landowner applying for the determination is responsible for submitting proof necessary
to make the determination, including, but not limited to, wetland delineation field data,
observation well data, topographic mapping, survey mapping, and information regarding
soils, vegetation, hydrology, and groundwater both within and outside of the proposed
wetland boundary.
(b) A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
necessary, expand the Technical Evaluation Panel. The local government unit may delegate
the decision authority for wetland boundary or type determinations deleted text beginwith the zoning
administratordeleted text endnew text begin to designated staffnew text end, or establish other procedures it considers appropriate.
(c) The local government unit decision must be made in compliance with section
15.99. Within ten calendar days of the decision, the local government unit decision must
be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
district or watershed management organization, if one exists, and individual members of
the public who request a copy.
(d) new text beginAppeals of decisions made by designated local government staff must be made
to the local government unit. Notwithstanding any law to the contrary, a ruling on an
appeal must be made by the local government unit within 30 days from the date of the
filing of the appeal.
new text end
new text begin (e) new text endThe local government unit decision is valid for three years unless the Technical
Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
or soils of the area have been sufficient to alter the wetland boundary or type.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 130.
Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
read:
Subd. 9.
Appeal.
(a) Appeal of a replacement plan, exemption, wetland banking,
wetland boundary or type determination, deleted text beginordeleted text end no-loss decisionnew text begin, or restoration ordernew text end may
be obtained by mailing a petition and payment of a filing fee deleted text beginof $200deleted text end, which shall be
retained by the board to defray administrative costs, to the board within 30 days after the
postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
30 days, the decision becomes final. deleted text beginThe local government unit may require the petitioner
to post a letter of credit, cashier's check, or cash in an amount not to exceed $500.deleted text end If the
petition for hearing is accepted, the amount posted must be returned to the petitioner.
Appeal may be made by:
(1) the wetland owner;
(2) any of those to whom notice is required to be mailed under subdivision 7; or
(3) 100 residents of the county in which a majority of the wetland is located.
(b) Within 30 days after receiving a petition, the board shall decide whether to
grant the petition and hear the appeal. The board shall grant the petition unless the board
finds that:
(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
(2) the petitioner has not exhausted all local administrative remedies;
(3) expanded technical review is needed;
(4) the local government unit's record is not adequate; or
(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
by the local government unit.
(c) In determining whether to grant the appeal, the board shall also consider the
size of the wetland, other factors in controversy, any patterns of similar acts by the local
government unit or petitioner, and the consequences of the delay resulting from the appeal.
(d) All appeals must be heard by the committee for dispute resolution of the board,
and a decision made within 60 days of filing the local government unit's record and the
written briefs submitted for the appeal. The decision must be served by mail on the parties
to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
grant a petition for appeal and a decision on the merits of an appeal must be considered the
decision of an agency in a contested case for purposes of judicial review under sections
14.63 to 14.69.
new text begin
(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this subdivision. Fees
established under this authority shall not exceed $1,000. Establishment of the fee is not
subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 131.
Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
read:
Subd. 12.
Replacement credits.
(a) No public or private wetland restoration,
enhancement, or construction may be allowed for replacement unless specifically
designated for replacement and paid for by the individual or organization performing the
wetland restoration, enhancement, or construction, and is completed prior to any draining
or filling of the wetland.
(b) Paragraph (a) does not apply to a wetland whose owner has paid back with
interest the individual or organization restoring, enhancing, or constructing the wetland.
(c) Notwithstanding section 103G.222, subdivision 1, paragraph deleted text begin(h)deleted text endnew text begin (i)new text end, the
following actions, and others established in rule, that are consistent with criteria in rules
adopted by the board in conjunction with the commissioners of natural resources and
agriculture, are eligible for replacement credit as determined by the local government unit,
including enrollment in a statewide wetlands bank:
(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
on agricultural land that was planted with annually seeded crops, was in a crop rotation
seeding of pasture grasses or legumes, or was in a land retirement program during the
past ten years;
(2) buffer areas of permanent native, noninvasive vegetative cover established or
preserved on upland adjacent to replacement wetlands;
(3) wetlands restored for conservation purposes under terminated easements or
contracts; and
(4) water quality treatment ponds constructed to pretreat storm water runoff prior
to discharge to wetlands, public waters, or other water bodies, provided that the water
quality treatment ponds must be associated with an ongoing or proposed project that
will impact a wetland and replacement credit for the treatment ponds is based on the
replacement of wetland functions and on an approved stormwater management plan for
the local government.
(d) Notwithstanding section 103G.222, subdivision 1, paragraphs deleted text begin(e)deleted text endnew text begin (f)new text end and deleted text begin(f)deleted text endnew text begin (g)new text end,
the board may establish by rule different replacement ratios for restoration projects with
exceptional natural resource value.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 132.
Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
read:
Subd. 15.
Fees paid to board.
All fees established in deleted text beginsubdivisiondeleted text endnew text begin subdivisions 9
andnew text end 14 must be paid to the Board of Water and Soil Resources deleted text beginand credited to the general
funddeleted text end to be used for the purpose of administration of the wetland banknew text begin and to process
appeals under section 103G.2242, subdivision 9new text end.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 133.
Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
read:
Subd. 2.
Plan contents.
A comprehensive wetland protection and management
plan may:
(1) provide for classification of wetlands in the plan area based on:
(i) an inventory of wetlands in the plan area;
(ii) an assessment of the wetland functions listed in section 103B.3355, using a
methodology chosen by the Technical Evaluation Panel from one of the methodologies
established or approved by the board under that section; and
(iii) the resulting public values;
(2) vary application of the sequencing standards in section 103G.222, subdivision 1,
paragraph (b), for projects based on the classification and criteria set forth in the plan;
(3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs
deleted text begin (e)deleted text endnew text begin (f)new text end and deleted text begin(f)deleted text endnew text begin (g)new text end, based on the classification and criteria set forth in the plan, for specific
wetland impacts provided there is no net loss of public values within the area subject to
the plan, and so long as:
(i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
wetland for each acre of drained or filled wetland requiring replacement is met within
the area subject to the plan; and
(ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
replaced wetland for each acre of drained or filled wetland requiring replacement is met
within the area subject to the plan, except that replacement for the amount above a 1:1
ratio can be accomplished as described in section 103G.2242, subdivision 12; new text beginand
new text end
(4) in a greater than 80 percent area, allow replacement credit, based on the
classification and criteria set forth in the plan, for any project that increases the public
value of wetlands, including activities on adjacent upland acresdeleted text begin; anddeleted text endnew text begin.
new text end
deleted text begin (5) in a greater than 80 percent area, based on the classification and criteria set forth
in the plan, expand the application of the exemptions in section 103G.2241, subdivision
1, paragraph (a), clause (4), to also include nonagricultural land, provided there is no
net loss of wetland values.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 134.
Minnesota Statutes 2006, section 103G.235, is amended to read:
103G.235 RESTRICTIONS ON ACCESS TO deleted text beginPUBLIC WATERSdeleted text end WETLANDS.
new text begin Subdivision 1. new text end
new text begin Wetlands adjacent to roads. new text end
To protect the public health or safety,
local units of government may by ordinance restrict public access to public waters
wetlands from municipality, county, or township roads that abut public waters wetlands.
new text begin Subd. 2. new text end
new text begin Privately restored or created wetlands. new text end
new text begin
When a landowner creates a new
wetland or restores a formerly existing wetland on private land that is adjacent to public
land or a public road right-of-way, there is no public access to the created or restored
wetland if posted by the landowner.
new text end
Sec. 135.
Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to
read:
Subd. 2.
Permit application fees.
(a) A permit application fee to defray the costs of
receiving, recording, and processing the application must be paid for a permit authorized
under this chapter and for each request to amend or transfer an existing permit.
new text begin
(b) The fee for a project appropriating water in excess of 100 million gallons per
year must be assessed to recover the reasonable costs of preparing and processing the
permit, including costs for environmental review. Fees collected under this paragraph
must be credited to an account in the natural resources fund and are appropriated to the
commissioner for fiscal years 2008 and 2009.
new text end
deleted text begin (b)deleted text endnew text begin (c)new text end The fee to apply for a permit to appropriate water, new text beginother than a permit subject
to the fee under paragraph (b); new text enda permit to construct or repair a dam that is subject to dam
safety inspectiondeleted text begin,deleted text endnew text begin;new text end or a state general permit or to apply for the state water bank program is
$150. The application fee for a permit to work in public waters or to divert waters for
mining must be at least $150, but not more than $1,000, according to a schedule of fees
adopted under section 16A.1285.
Sec. 136.
Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to sections
115.55 to 115.56.
(b) "Advisory committee" means the Advisory Committee on Individual Sewage
Treatment Systems established under the individual sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state
and include elected public officials.
(c) "Applicable requirements" means:
(1) local ordinances that comply with the individual sewage treatment system rules,
as required in subdivision 2; or