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Minnesota Legislature

Office of the Revisor of Statutes

SF 3056

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 3rd Engrossment

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A bill for an act
relating to natural resources; modifying permanent school fund provisions;
providing for disposition of proceeds from sale of administrative sites; modifying
environmental learning center provisions; modifying recreational vehicle and
watercraft provisions; modifying state park, wayside, and monument provisions;
modifying campfire provisions; providing for alternative recording for state
forest roads; modifying citizen oversight subcommittees; establishing the
Minnesota forests for the future program; providing for expedited exchanges
of public lands; providing for certain wetland banking credits; providing for
regulation of ballast water; modifying licensing provisions for individual sewage
treatment system professionals; providing for petroleum release notification;
modifying toxic chemical release reporting requirements; modifying access site
acquisition authority; modifying solid waste provisions; modifying air permit
provisions; providing for certain easements on tax-forfeited land; eliminating
certain positions and reports; appropriating money; amending Minnesota Statutes
2006, sections 16A.06, by adding a subdivision; 84.027, by adding a subdivision;
84.0857; 84.0875; 84.788, subdivision 3; 84.82, subdivision 2, by adding a
subdivision; 84.922, subdivision 2; 84.9256, subdivision 1; 85.011; 85.012,
subdivisions 28, 49a; 85.013, subdivision 1; 85.053, by adding a subdivision;
85.054, by adding a subdivision; 86B.401, subdivision 2; 88.15, subdivision 2;
89.715; 94.16, subdivision 3; 97A.055, subdivision 4b; 97A.141, subdivision 1;
115A.03, subdivisions 21, 32a; 116.07, subdivision 4a; 127A.30; 299K.08, by
adding a subdivision; Minnesota Statutes 2007 Supplement, sections 84.8205,
subdivision 1; 115.56, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 84; 94; 103G; 115; 116; repealing Minnesota Statutes 2006,
sections 84.961, subdivision 4; 85.013, subdivision 21b; 85.054, subdivision
3; 97A.141, subdivision 2; Laws 1989, chapter 335, article 1, section 21,
subdivision 8, as amended.

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

Section 1.

Minnesota Statutes 2006, section 16A.06, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Permanent school fund reporting. new text end

new text begin The commissioner shall biannually
report to the Permanent School Fund Advisory Committee and the legislature on the
management of the permanent school trust fund that shows how the commissioner
maximized the long-term economic return of the permanent school trust fund.
new text end

Sec. 2.

Minnesota Statutes 2006, section 84.027, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin Permanent school fund authority; reporting. new text end

new text begin The commissioner of
natural resources has the authority and responsibility for the administration of school trust
lands under sections 92.121 and 127A.31. The commissioner shall biannually report to the
Permanent School Fund Advisory Committee and the legislature on the management of
the school trust lands that shows how the commissioner has and will continue to achieve
the following goals:
new text end

new text begin (1) manage the school trust lands efficiently;
new text end

new text begin (2) reduce the management expenditures of school trust lands and maximize the
revenues deposited in the permanent school trust fund;
new text end

new text begin (3) manage the sale, exchange, and commercial leasing of school trust lands to
maximize the revenues deposited in the permanent school trust fund and retain the value
from the long-term appreciation of the school trust lands; and
new text end

new text begin (4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
management principals.
new text end

Sec. 3.

Minnesota Statutes 2006, section 84.0857, is amended to read:


84.0857 FACILITIES MANAGEMENT ACCOUNT.

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

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

Sec. 4.

Minnesota Statutes 2006, section 84.0875, is amended to read:


84.0875 ENVIRONMENTAL LEARNING CENTERS.

new text begin (a) new text endThe commissioner may acquire and better, or make grants to counties, home
rule charter or statutory cities, or school districts to acquire and better, residential
environmental learning centers where students may learn how to use, preserve, and
renew the natural resources of this state. A facility and reasonable access to it must be
owned by the state or a political subdivision but may be leased to or managed by a
nonprofit organization to carry out an environmental learning program established by the
commissioner. The lease or management agreement must comply with the requirements
of section 16A.695 and must provide for the procurement of liability insurance by the
nonprofit organization. A nonprofit organization that is operating an environmental
learning center under this section is a municipality for purposes of the liability limitations
of section 466.04 while acting within the scope of these activities.

new text begin (b) During the time the center is used for educational programs offered in
conjunction with a college or university, the rules and standards related to space
requirements are governed by section 144.74.
new text end

Sec. 5.

new text begin [84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The Minnesota forests for the future program identifies and
protects private, working forest lands for their timber, scenic, recreational, fish and wildlife
habitat, threatened and endangered species, and other cultural and environmental values.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms have
the meanings given:
new text end

new text begin (1) "forest land" has the meaning given under section 89.001, subdivision 4;
new text end

new text begin (2) "forest resources" has the meaning given under section 89.001, subdivision 8;
new text end

new text begin (3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
new text end

new text begin (4) "riparian land" has the meaning given under section 103F.511, subdivision 8a;
and
new text end

new text begin (5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.
new text end

new text begin Subd. 3. new text end

new text begin Establishment. new text end

new text begin The commissioner of natural resources shall establish and
administer a Minnesota forests for the future program. Land selected for inclusion in the
program shall be evaluated on the land's potential for:
new text end

new text begin (1) producing timber and other forest products;
new text end

new text begin (2) maintaining forest landscapes;
new text end

new text begin (3) providing public recreation; and
new text end

new text begin (4) providing ecological, fish and wildlife habitat, and other cultural and
environmental values and values consistent with working forest lands.
new text end

new text begin Subd. 4. new text end

new text begin Land eligibility. new text end

new text begin Land may be placed in the Minnesota forests for the
future program if it:
new text end

new text begin (1) is:
new text end

new text begin (i) forest land;
new text end

new text begin (ii) desirable land adjacent to forest land, as determined by the commissioner; or
new text end

new text begin (iii) beneficial to forest resource protection;
new text end

new text begin (2) is at least five acres in size, except for a riparian area or an area providing access
to state forest land; and
new text end

new text begin (3) is not set aside, enrolled, or diverted under another federal or state program,
unless enrollment in the Minnesota forests for the future program would provide additional
conservation benefits or a longer enrollment term than under the current federal or state
program.
new text end

new text begin Subd. 5. new text end

new text begin Land interests. new text end

new text begin The commissioner may acquire permanent interests in
lands by fee title, easement acquisition, gift, or donation. An acquired easement shall
require a forestry management plan unless the requirement is waived or modified by
the commissioner. The plan will guide forest management activities consistent with the
purposes and terms of the easement and shall incorporate guidelines and other forest
management practices as determined by the commissioner to provide perpetuation of the
forest. The plan shall be developed in accordance with the guidelines.
new text end

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin The commissioner shall accept applications from owners of
eligible lands at the time, in the form, and containing the information as the commissioner
may prescribe. If the number of applications exceeds the ability to fund them all, priority
shall be given to those applications covering lands providing the greatest public benefits
for timber productivity, public access, and ecological and wildlife values.
new text end

new text begin Subd. 7. new text end

new text begin Landowner responsibilities. new text end

new text begin The commissioner may enroll eligible land
in the program by signing an easement in recordable form with a landowner in which
the landowner agrees to:
new text end

new text begin (1) convey to the state a permanent easement that is not subject to any prior title,
lien, or encumbrance; and
new text end

new text begin (2) manage the land in a manner consistent with the purposes for which the land was
selected for the program and not convert the land to other uses.
new text end

new text begin Subd. 8. 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 interests in the state and adjacent
landowners, the commissioner may, in the name of the state, 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. 9. new text end

new text begin Terminating or changing an easement. new text end

new text begin The commissioner may terminate
an easement, with the consent of the property owner, if the commissioner determines
termination to be in the public interest. The commissioner may modify the terms of an
easement if the commissioner determines that modification will help implement the
Minnesota forests for the future program or facilitate the program's administration.
new text end

new text begin Subd. 10. new text end

new text begin Payments. new text end

new text begin Payments to landowners under the Minnesota forests for
the future program shall be made in accordance with law and Department of Natural
Resources acquisition policies, procedures, and other funding requirements.
new text end

new text begin Subd. 11. new text end

new text begin Monitoring, enforcement, and damages. new text end

new text begin (a) The commissioner shall
establish a long-term program for monitoring and enforcing Minnesota forests for the
future easements. The program must require that a financial contribution be made for each
easement to cover the costs of managing, monitoring, and enforcing the easement.
new text end

new text begin (b) A landowner who violates the terms of an easement under this section or induces,
assists, or allows another to do so is liable to the state for damages due to the loss of
timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species,
and other cultural and environmental values.
new text end

new text begin (c) Upon request of the commissioner, the attorney general may commence an
action for specific performance, 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

Sec. 6.

new text begin [84.67] FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
new text end

new text begin A forests for the future revolving account is created in the natural resources fund.
Money in the account is appropriated to the commissioner of natural resources for the
acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
The commissioner shall sell the lands acquired under this section, subject to an easement
as provided in section 84.66. Money received from the sale of forest lands acquired
under this section and interest earned on the account shall be deposited into the account.
The commissioner must file a report to the house of representatives Ways and Means
and the senate Finance Committees and the environment and natural resources finance
committees or divisions of the senate and house of representatives by October 1 of each
year indicating all purchases of forest land using money from this account and sales of
forest land for which revenue is deposited into this account.
new text end

Sec. 7.

Minnesota Statutes 2006, section 84.788, subdivision 3, is amended to read:


Subd. 3.

Application; issuance; reports.

(a) Application for registration or
continued registration must be made to the commissioner or an authorized deputy registrar
of motor vehicles in a form prescribed by the commissioner. The form must state the name
and address of every owner of the off-highway motorcycle.

(b) A person who purchases from a retail dealer an off-highway motorcycle shall
make application for registration to the dealer at the point of sale. The dealer shall issue a
dealer temporary deleted text beginten-daydeleted text endnew text begin 21-daynew text end registration permit to each purchaser who applies to the
dealer for registration. The dealer shall submit the completed registration applications and
fees to the deputy registrar at least once each week. No fee may be charged by a dealer to
a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner
or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
registration number or a commissioner or deputy registrar temporary deleted text beginten-daydeleted text endnew text begin 21-daynew text end
permit. Once issued, the registration number must be affixed to the motorcycle according
to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials
or temporary permit to the purchaser within the deleted text beginten-daydeleted text endnew text begin 21-daynew text end temporary permit period.

(d) The commissioner shall develop a registration system to register vehicles under
this section. A deputy registrar of motor vehicles acting under section 168.33, is also a
deputy registrar of off-highway motorcycles. The commissioner of natural resources
in agreement with the commissioner of public safety may prescribe the accounting
and procedural requirements necessary to ensure efficient handling of registrations
and registration fees. Deputy registrars shall strictly comply with the accounting and
procedural requirements.

(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for
each off-highway motorcycle registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged for each off-highway
motorcycle registration and registration transfer issued by:

(1) a deputy registrar and must be deposited in the treasury of the jurisdiction where
the deputy is appointed, or kept if the deputy is not a public official; or

(2) the commissioner and must be deposited in the state treasury and credited to the
off-highway motorcycle account.

(f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must
display a registration decal issued by the commissioner. If the motorcycle is licensed as
a motor vehicle, a registration decal must be affixed on the upper left corner of the rear
license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be
attached on the side of the motorcycle and may be attached to the fork tube. The decal
must be attached in a manner so that it is visible while a rider is on the motorcycle. The
issued decals must be of a size to work within the constraints of the electronic licensing
system, not to exceed three inches high and three inches wide.

(g) Display of a registration decal is not required for an off-highway motorcycle:

(1) while being operated on private property; or

(2) while competing in a closed-course competition event.

Sec. 8.

Minnesota Statutes 2006, section 84.82, subdivision 2, is amended to read:


Subd. 2.

Application, issuance, reports, additional fee.

(a) Application for
registration or reregistration shall be made to the commissioner or an authorized deputy
registrar of motor vehicles in a format prescribed by the commissioner and shall state the
legal name and address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make
application for registration to the dealer at the point of sale. The dealer shall issue a dealer
temporary deleted text beginten-daydeleted text endnew text begin 21-daynew text end registration permit to each purchaser who applies to the dealer
for registration. new text beginThe temporary permit must contain the dealer's identification number and
phone number.
new text endEach retail dealer shall submit completed registration and fees to the
deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for
providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee as hereinafter provided,
the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
an assigned registration number or a commissioner or deputy registrar temporary deleted text beginten-daydeleted text endnew text begin
21-day
new text end permit. Once issued, the registration number must be affixed to the snowmobile in
a clearly visible and permanent manner for enforcement purposes as the commissioner
of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
registration materials or temporary permit to the purchaser within the temporary deleted text beginten-daydeleted text endnew text begin
21-day
new text end permit period. The registration is not valid unless signed by at least one owner.new text begin
The temporary permit must indicate whether a snowmobile state trail sticker under section
84.8205 was purchased.
new text end

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall
also be a deputy registrar of snowmobiles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with these accounting and
procedural requirements.

(e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:

(1) each snowmobile registered by the registrar or a deputy registrar and the
additional fee shall be disposed of in the manner provided in section 168.33, subdivision
2
; or

(2) each snowmobile registered by the commissioner and the additional fee shall
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund.

Sec. 9.

Minnesota Statutes 2006, section 84.82, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Expiration. new text end

new text begin All snowmobile registrations, excluding temporary
registration permits, required under this section expire June 30 of the year of expiration.
new text end

Sec. 10.

Minnesota Statutes 2007 Supplement, section 84.8205, subdivision 1, is
amended to read:


Subdivision 1.

Sticker required; fee.

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

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

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

(2) a snowmobile that is owned and used by the United States, another state, or
a political subdivision thereof that is exempt from registration under section 84.82,
subdivision 6;

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

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

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

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

Sec. 11.

Minnesota Statutes 2006, section 84.922, subdivision 2, is amended to read:


Subd. 2.

Application, issuance, reports.

(a) Application for registration or
continued registration shall be made to the commissioner or an authorized deputy registrar
of motor vehicles in a form prescribed by the commissioner. The form must state the name
and address of every owner of the vehicle.

(b) A person who purchases an all-terrain vehicle from a retail dealer shall make
application for registration to the dealer at the point of sale. The dealer shall issue a dealer
temporary deleted text beginten-daydeleted text endnew text begin 21-daynew text end registration permit to each purchaser who applies to the dealer
for registration. The dealer shall submit the completed registration application and fees
to the deputy registrar at least once each week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner
or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
registration number or a commissioner or deputy registrar temporary deleted text beginten-daydeleted text endnew text begin 21-daynew text end
permit. Once issued, the registration number must be affixed to the vehicle in a manner
prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the
registration materials or temporary permit to the purchaser within the deleted text beginten-daydeleted text endnew text begin 21-daynew text end
temporary permit period. The commissioner shall use the snowmobile registration system
to register vehicles under this section.

(d) Each deputy registrar of motor vehicles acting under section 168.33, is also
a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with the accounting and
procedural requirements.

(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged
for each all-terrain vehicle registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle
registration and registration transfer issued by:

(1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where
the deputy is appointed, or retained if the deputy is not a public official; or

(2) the commissioner and shall be deposited to the state treasury and credited to the
all-terrain vehicle account in the natural resources fund.

Sec. 12.

Minnesota Statutes 2006, section 84.9256, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 13.

Minnesota Statutes 2006, section 85.011, is amended to read:


85.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
STATE PARKS, deleted text beginMONUMENTS,deleted text endnew text begin STATEnew text end RECREATION deleted text beginRESERVESdeleted text endnew text begin AREAS,new text end
AND WAYSIDES.

The legislature of this state has provided for the creation and establishment of
state parks, designated deleted text beginmonuments,deleted text endnew text begin statenew text end recreation deleted text beginreservesdeleted text endnew text begin areas,new text end and waysides for the
purpose of conserving the scenery, natural and historic objects and wildlife and to provide
for the enjoyment of the same in deleted text beginsuchdeleted text endnew text begin anew text end manner deleted text beginand by such means asdeleted text endnew text begin thatnew text end will leave them
unimpaired for the enjoyment of future generations.

The establishment of deleted text beginsuchdeleted text endnew text begin thenew text end state parks, designated deleted text beginmonuments,deleted text endnew text begin statenew text end recreation
deleted text begin reservesdeleted text endnew text begin areas,new text end and waysides is hereby confirmed as provided in this section and sections
85.012 and 85.013 and they shall remain perpetually dedicated for the use of the people of
the state for park purposes.

The enumerated state parks, deleted text beginstate monuments,deleted text end state recreation areas, and state
waysides shall consist of the lands and other property authorized therefor before January
1, 1969, together with such other lands and properties as may be authorized therefor on
or after January 1, 1969.

Sec. 14.

Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read:


Subd. 28.

Interstatenew text begin Statenew text end Park, Chisago County, which is hereby renamed from
Dalles of Saint Croix State Park.

Sec. 15.

Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read:


Subd. 49a.

deleted text beginSt. Croixdeleted text end Wild River State Park, Chisago County.

Sec. 16.

Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read:


Subdivision 1.

Names, acquisition; administration.

(a) Designated deleted text beginmonuments,deleted text end
recreation reservesdeleted text begin,deleted text end and waysides heretofore established and hereby confirmed as deleted text beginstate
monuments,
deleted text end state recreation areas and state waysides together with the counties in which
they are situated are listed in this section and shall hereafter be named as indicated
in this section.

(b) Any land that now is or hereafter becomes tax-forfeited land and is located
within the described boundaries of a state recreation area as defined by session laws is
hereby withdrawn from sale and is transferred from the custody, control, and supervision
of the county board of the county to the commissioner of natural resources, free from
any trust in favor of the interested taxing districts. The commissioner shall execute a
certificate of acceptance of the lands on behalf of the state for such purposes and transmit
the same to the county auditor of the county for record as provided by law in the case
of tax-forfeited land transferred to the commissioner by resolution of the county board
for conservation purposes.

Sec. 17.

Minnesota Statutes 2006, section 85.053, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Free entrance; totally and permanently disabled veterans. new text end

new text begin The
commissioner shall issue an annual park permit for no charge for any veteran with a
total and permanent service-connected disability who presents each year a copy of their
determination letter to a park attendant or commissioner's designee. For the purposes of
this section, "veteran with a total and permanent service-connected disability" means a
resident who has a total and permanent service-connected disability as adjudicated by the
United States Veterans Administration or by the retirement board of one of the several
branches of the armed forces.
new text end

Sec. 18.

Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Grand Portage State Park. 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 the Class 1 highway rest area
parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand
Portage State Park.
new text end

Sec. 19.

Minnesota Statutes 2006, section 86B.401, subdivision 2, is amended to read:


Subd. 2.

Temporary certificate.

A person who applies for a watercraft license may
be issued a temporary license certificate to operate the watercraft. The temporary license
certificate is valid for deleted text beginthe period of time specified by the commissionerdeleted text endnew text begin 21 daysnew text end.

Sec. 20.

Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read:


Subd. 2.

Not to be left burning.

Every person who startsnew text begin or maintainsnew text end a campfire
shallnew text begin:
new text end

new text begin (1)new text end exercise every reasonable precaution to prevent the campfire from spreading
deleted text begin and shalldeleted text endnew text begin;
new text end

new text begin (2)new text end before lighting the campfirenew text begin,new text end clear the ground of all combustible material deleted text beginwithin
a radius of
deleted text end five feet from the base of the campfiredeleted text begin. The person lighting the campfire shalldeleted text endnew text begin;
new text end

new text begin (3)new text end remain with the campfire at all timesnew text begin;new text end and deleted text beginshall
deleted text end

new text begin (4)new text end before leaving the sitenew text begin,new text end completely extinguish the campfire.

new text begin For the purposes of this section, "maintains" means tending or adding substantial
fuel to a campfire with the effect of extending the life of the campfire.
new text end

Sec. 21.

Minnesota Statutes 2006, section 89.715, is amended to read:


89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.

Subdivision 1.

Authorization.

The commissioner may adopt a deleted text beginrecorded statedeleted text end forest
road map under this section to record the department's state forest road prescriptive
easements. For purposes of this section, "deleted text beginrecordeddeleted text end state forest road map" means the
official map of state forest roadsnew text begin adopted by the commissionernew text end.

Subd. 2.

Map requirements.

The deleted text beginrecordeddeleted text end state forest road map must:

(1) show state forest roads at the time the map is adopted;

(2) be prepared at a scale deleted text beginof at least four inches equals one miledeleted text endnew text begin compliant with
standards of the county recorder where the state forest roads are located
new text end;

(3) include section numbers;

(4) include a north point arrow;

(5) include the name of the county and state;

(6) include a blank and a description under the blank for the date of public hearing
and date of adoption;

(7) include blanks for signatures and dates of signatures for the commissioner; and

(8) include a list of legal descriptions of all parcels crossed by state forest road
prescriptive easements.

Subd. 3.

Procedure to adopt map.

(a) The commissioner must prepare an official
map for each county or smaller geographic area as determined by the commissioner as
provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
a deleted text beginrecorded statedeleted text end forest road map to record roads.

(b) The hearing notice must state that the roads to be recorded will be to the width of
the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
otherwise specified in a prior easement of record. The hearing notice must be published
once a week for two successive weeks in a qualified newspaper of general circulation that
serves the county or smaller geographic areas as determined by the commissioner, the last
publication to be made at least ten days before the date of the public hearing. At least 30
days before the hearing, the hearing notice must be sent by certified mail to the property
owners directly affected in the county or smaller geographic areas as determined by the
commissioner at the addresses listed on the tax assessment notices at least seven days
before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the department.

(c) After the public hearing is held, the commissioner may amend and adopt the
deleted text begin recorded statedeleted text end forest road map. The deleted text beginrecordeddeleted text end state forest road map must be dated and
signed by the commissioner and must be deleted text beginrecordeddeleted text end new text beginfiled for recording new text endwith the county
recorder within 90 days after the map is adopted.new text begin The map is effective when filed with
the county recorder.
new text end

(d) The deleted text beginrecordeddeleted text end state forest road map that is recorded with the county recorder must
comply with the standards of the county recorder where the state forest roads are located.

(e) A deleted text beginrecordeddeleted text end state forest road map that was prepared by using aerial photographs
to establish road centerlines and that has been duly recorded with the county recorder is an
adequate description for purposes of recording road easements and the map is the legally
constituted description and prevails when a deed for a parcel abutting a road contains
no reference to a road easement. Nothing prevents the commissioner from accepting a
more definitive metes and bounds or survey description of a road easement for a road of
record if the description of the easement is referenced to equal distance on both sides
of the existing road centerline.

(f) The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in implementing
this subdivision.

Subd. 4.

Appeal.

(a) deleted text beginBefore filing an appeal under paragraph (b), a person may
seek resolution of concerns regarding a decision to record a road under this section by
contacting the commissioner in writing.
deleted text end

deleted text begin (b) A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner adopts the
state forest road map.
deleted text end new text begin Appeals may be filed only by property owners who are directly
affected by a proposed map designation and only for those portions of the map designation
that directly affect them.
new text end

new text begin (b) A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner
shall review the request and any supporting evidence and render a decision within 45
days of receipt of the request for review.
new text end

new text begin (c) If a property owner wishes to appeal a decision of the commissioner after review
under paragraph (b), the property owner must file an appeal with the district court within
60 days of the commissioner's decision.
new text end

new text begin (d) If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
shall not be affected and its recording with the county recorder shall stand.
new text end

Subd. 5.

Unrecorded road or trail not affected.

This section does not affect or
diminish the legal status or state obligations of roads and trails not shown on the deleted text beginrecordeddeleted text end
state forest road map.

Subd. 6.

Exemption.

Adoption of a deleted text beginrecordeddeleted text end state forest road map under this
section is exempt from the rulemaking requirements of chapter 14 and section 14.386
does not apply.

Sec. 22.

Minnesota Statutes 2006, section 94.16, subdivision 3, is amended to read:


Subd. 3.

Proceeds from natural resources land.

new text begin(a) Except as provided in
paragraph (b),
new text endthe remainder of the proceeds from the sale of lands that were under the
control and supervision of the commissioner of natural resources shall be credited to the
land acquisition account in the natural resources fund.

new text begin (b) The remainder of the proceeds from the sale of administrative sites under the
control and supervision of the commissioner of natural resources shall be credited to the
facilities management account established under section 84.0857 and used to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.
new text end

Sec. 23.

new text begin [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE
STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and scope. new text end

new text begin (a) The purpose of this section is to expedite the
exchange of public land ownership. Consolidation of public land reduces management
costs and aids in the reduction of forest fragmentation.
new text end

new text begin (b) This section applies to exchanges of land between the state and a governmental
subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347
apply only to the extent specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Classes of land; definitions. new text end

new text begin The classes of public land that may be
involved in an expedited exchange under this section are:
new text end

new text begin (1) Class 1 land, which for the purpose of this section is Class A land as defined in
section 94.342, subdivision 1, except for:
new text end

new text begin (i) school trust land as defined in section 92.025; and
new text end

new text begin (ii) university land granted to the state by acts of Congress;
new text end

new text begin (2) Class 2 land, which for the purpose of this section is Class B land as defined in
section 94.342, subdivision 2; and
new text end

new text begin (3) Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
new text end

new text begin Subd. 3. new text end

new text begin Valuation of land. new text end

new text begin (a) In an exchange of Class 1 land for Class 2 or 3 land,
the value of all the land shall be determined by the commissioner of natural resources. In
an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined
by the county board of the county in which the land lies. To determine the value of the
land, the parties to the exchange may cause the land to be appraised, utilize the valuation
process provided under section 84.0272, subdivision 3, or obtain a market analysis from a
qualified real estate broker. Merchantable timber value must be determined and considered
in finalizing valuation of the lands.
new text end

new text begin (b) All lands exchanged under this section shall be exchanged only for lands of
at least substantially equal value. For the purposes of this subdivision, "substantially
equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal value but are not
of the same value.
new text end

new text begin Subd. 4. new text end

new text begin Title. new text end

new text begin Title to the land must be examined to the extent necessary for the
parties to determine that the title is good, with any encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
new text end

new text begin Subd. 5. new text end

new text begin Approval by Land Exchange Board. new text end

new text begin All expedited land exchanges
under this section, and the terms and conditions of the exchanges, require the unanimous
approval of the Land Exchange Board.
new text end

new text begin Subd. 6. new text end

new text begin Conveyance. new text end

new text begin (a) Conveyance of Class 1 land given in exchange shall be
made by deed executed by the commissioner of natural resources in the name of the
state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the
commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by
a deed executed by the governing body in the name of the governing authority.
new text end

new text begin (b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class
2 or 3 land shall first be delivered to the commissioner of natural resources. Following
the recording of the deed, the commissioner of natural resources shall deliver the deed
conveying the Class 1 land.
new text end

new text begin (c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land
shall first be delivered to the county auditor. Following the recording of the deed, the
commissioner of revenue shall deliver the deed conveying the Class 2 land.
new text end

new text begin (d) All deeds shall be recorded or registered in the county in which the lands lie.
new text end

new text begin Subd. 7. new text end

new text begin Reversionary interest; mineral and water power rights and other
reservations.
new text end

new text begin (a) All deeds conveying land given in an expedited land exchange under
this section shall include a reverter that provides that title to the land automatically reverts
to the conveying governmental unit if:
new text end

new text begin (1) the receiving governmental unit sells, exchanges, or otherwise transfers title of
the land within 40 years of the date of the deed conveying ownership; and
new text end

new text begin (2) there is no prior written approval for the transfer from the conveying
governmental unit. The authority for granting approval is the commissioner of natural
resources for former Class 1 land, the county board for former Class 2 land, and the
governing body for former Class 3 land.
new text end

new text begin (b) Class 1 land given in exchange is subject to the reservation provisions of section
94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation
provisions of section 94.344, subdivision 4. County fee land given in exchange is subject
to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
new text end

new text begin Subd. 8. new text end

new text begin Land status. new text end

new text begin Land received in exchange for Class 1 land is subject to the
same trust, if any, and otherwise has the same status as the land given in exchange. Land
received in exchange for Class 2 land is subject to a trust in favor of the governmental
subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in
exchange for Class 3 land has the same status as the land given in exchange.
new text end

Sec. 24.

Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:


Subd. 4b.

Citizen oversight subcommittees.

(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);

(4) an Ecological deleted text beginServices Operationsdeleted text endnew text begin Resourcesnew text end Subcommittee to review ecological
services funding;

(5) a subcommittee to review game and fish fund funding of enforcementdeleted text begin, support
services, and Department of Natural Resources administration
deleted text endnew text begin and operations supportnew text end;

(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp and address funding
issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance.

(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

Sec. 25.

Minnesota Statutes 2006, section 97A.141, subdivision 1, is amended to read:


Subdivision 1.

Acquisition; generally.

The commissioner shall acquire access sites
adjacent to public waters and easements and rights-of-way necessary to connect the access
sites with public highways. The land may be acquired by gift, lease, or purchase, or by
condemnation with approval of the Executive Council. deleted text beginAn access site may not exceed
seven acres and may only be acquired where access is inadequate.
deleted text end

Sec. 26.

new text begin [103G.2251] STATE CONSERVATION EASEMENTS; WETLAND
BANK CREDIT.
new text end

new text begin In greater than 80 percent areas, preservation of wetlands owned by the state or a
local unit of government, protected by a permanent conservation easement as defined
under section 84C.01 and held by the board, may be eligible for wetland replacement
or mitigation credits, according to rules adopted by the board. To be eligible for credit
under this section, a conservation easement must be established after enactment of this
section and approved by the board.
new text end

Sec. 27.

new text begin [115.0301] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 115.0301 to 115.0309, the
following terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

new text begin Subd. 3. new text end

new text begin Ballast water. new text end

new text begin "Ballast water" means water taken on board a vessel to
control trim, list, draft, stability, or stresses of the vessel, including matter suspended in
the water, or any water placed into a ballast tank during cleaning, maintenance, or other
operations.
new text end

new text begin Subd. 4. new text end

new text begin Ballast water management. new text end

new text begin "Ballast water management" means
mechanical, physical, chemical, and biological processes used, either singularly or in
combination, to remove, render harmless, or avoid the uptake or discharge of harmful
aquatic organisms and pathogens within ballast water and sediment.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

new text begin Subd. 6. new text end

new text begin Constructed. new text end

new text begin "Constructed" means a state of construction of a vessel at
which the keel is laid, construction identifiable with the specific vessel begins, assembly
of the vessel has begun comprising at least 50 tons or one percent of the estimated mass
of all structural material of the vessel, whichever is less, or the vessel undergoes a major
conversion.
new text end

new text begin Subd. 7. new text end

new text begin Foreign vessel. new text end

new text begin "Foreign vessel" means a vessel of foreign registry or
operated under the authority of a foreign country.
new text end

new text begin Subd. 8. new text end

new text begin Sediment. new text end

new text begin "Sediment" means matter that has settled out of ballast water
within a vessel.
new text end

new text begin Subd. 9. new text end

new text begin State waters of Lake Superior. new text end

new text begin "State waters of Lake Superior" means
the surface waters of Lake Superior and waters that discharge, flow, or otherwise are
transferred into Lake Superior that are under the jurisdiction of the state.
new text end

Sec. 28.

new text begin [115.0306] BALLAST WATER MANAGEMENT PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Ballast water management plan required. new text end

new text begin (a) The operator of
a vessel that is designed, constructed, or adapted to carry ballast water in state waters
of Lake Superior shall conduct all ballast water management operations of the vessel
according to a ballast water management plan that is designed to minimize the discharge
of invasive species, meets the requirements prescribed by the commissioner under
subdivision 2, and is approved by the commissioner.
new text end

new text begin (b) The owner or operator of a vessel required to have a ballast water management
plan under paragraph (a) shall maintain a copy of the vessel's ballast water management
plan on board at all times and keep the plan readily available for examination by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Ballast water management plan approval. new text end

new text begin (a) The commissioner may
not approve a ballast water management plan unless the commissioner determines that
the plan:
new text end

new text begin (1) describes in detail the actions to be taken to implement ballast water management;
new text end

new text begin (2) describes in detail the procedures to be used for disposal of sediment at sea
and on shore;
new text end

new text begin (3) describes in detail the safety procedures for the vessel and crew associated
with ballast water management;
new text end

new text begin (4) designates the officer on board of the vessel in charge of ensuring that the plan
is properly implemented;
new text end

new text begin (5) contains the reporting requirements for vessels as prescribed by the
commissioner; and
new text end

new text begin (6) meets all other requirements prescribed by the commissioner.
new text end

new text begin (b) The commissioner may approve a ballast water management plan for a foreign
vessel on the basis of a certificate of compliance with the criteria described in paragraph
(a) issued by the vessel's country of registration according to standards established by
the commissioner.
new text end

Sec. 29.

new text begin [115.0307] BALLAST WATER RECORD BOOK.
new text end

new text begin Subdivision 1. new text end

new text begin Ballast water record book required. new text end

new text begin The owner or operator of
a vessel required to have a ballast water management plan under section 115.0306
shall maintain, in English, on board the vessel, a ballast water record book in which
each operation of the vessel involving ballast water or sediment discharge is recorded
as required by the commissioner. The ballast water record book shall be kept readily
available for examination by the commissioner. In cases where a vessel is without a crew
and being towed, the ballast water record book may be kept on the towing vessel.
new text end

new text begin Subd. 2. new text end

new text begin Retention period. new text end

new text begin (a) Except as provided in paragraph (b), a ballast water
record book required in subdivision 1 shall be retained on board the vessel for three years
after the date on which the last entry in the book is made and shall be retained under the
control of the vessel's owner for an additional three years.
new text end

new text begin (b) The commissioner may prescribe alternative time periods for record retention by
foreign vessels that are consistent with international practices.
new text end

new text begin Subd. 3. new text end

new text begin Regulations. new text end

new text begin (a) The commissioner shall require, at a minimum, that:
new text end

new text begin (1) each entry in the ballast water record book be signed and dated by the officer in
charge of the ballast water operation recorded;
new text end

new text begin (2) each completed page in the ballast water record book be signed and dated by
the owner or operator of the vessel; and
new text end

new text begin (3) the owner or operator of the vessel transmit any information to the commissioner
regarding the ballast operations of the vessel as the commissioner may require.
new text end

new text begin (b) The commissioner may provide for alternative methods of record keeping,
including electronic record keeping, to comply with the requirements of this section. Any
electronic record keeping method authorized by the commissioner shall comply with
applicable standards of the state and the National Institute of Standards and Technology
governing reliability, integrity, identity authentication, and nonrepudiation of stored
electronic data.
new text end

Sec. 30.

new text begin [115.0309] CONSULTATION AND COOPERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Great Lakes Panel on Aquatic Nuisance Species. new text end

new text begin The
commissioner of natural resources shall cooperate to the fullest extent practicable with
the Great Lakes Panel on Aquatic Nuisance Species to ensure development of standards
for the control of invasive species that are broadly protective of the state waters of Lake
Superior and other natural resources. The commissioner of the Pollution Control Agency
shall serve as the alternate to the commissioner of natural resources if necessary.
new text end

new text begin Subd. 2. new text end

new text begin Cooperation with other state agencies. new text end

new text begin In developing the permit process
and any standards established under sections 115.0301 to 115.0309, the commissioner
is encouraged to consult with the commissioners of commerce, agriculture, natural
resources, and any other agency that the commissioner determines to be necessary to
develop and implement an effective program for preventing the introduction and spread
of invasive species through ballast water.
new text end

new text begin Subd. 3. new text end

new text begin Canada and other foreign governments. new text end

new text begin In developing the permit
process and any standards established under sections 115.0301 to 115.0309, the
commissioner is encouraged to consult with the government of Canada and any other
government of a foreign country that the commissioner determines to be necessary to
develop and implement an effective program for preventing the introduction and spread
of invasive species through ballast water.
new text end

Sec. 31.

Minnesota Statutes 2007 Supplement, section 115.56, subdivision 2, is
amended to read:


Subd. 2.

License required.

(a) Except as provided in paragraph (b), deleted text beginafter March
31, 1996,
deleted text end a person may not design, install, maintain, pump, deleted text beginordeleted text end inspectnew text begin, or provide service
to
new text end an individual sewage treatment system without a license issued by the commissioner.new text begin
Licenses issued under this section allow work on individual sewage treatment systems
with a flow of 10,000 gallons of water per day or less using prescriptive designs and
design guidances provided by the agency.
new text end

(b) A license is not required for a person who complies with the applicable
requirements if the person is:

(1) a qualified employee of state or local government who has passed the
examination described in paragraph (d) or a similar examination;

(2) an individual who constructs an individual sewage treatment system on land that
is owned or leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling;

(3) a farmer who pumps and disposes of sewage waste from individual sewage
treatment systems, holding tanks, and privies on land that is owned or leased by the
farmer; or

(4) an individual who performs labor or services for a person licensed under this
section in connection with the design, installation, maintenance, pumping, or inspection of
an individual sewage treatment system at the direction and under the personal supervision
of a person licensed under this section.

A person constructing an individual sewage treatment system under clause (2) must
consult with a site evaluator or designer before beginning construction. In addition, the
system must be inspected before being covered and a compliance report must be provided
to the local unit of government after the inspection.

(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training new text beginand design
guidance
new text endexists for individual sewage treatment system professionals.

(d) The commissioner shall conduct examinations to test the knowledge of applicants
for licensing and shall issue documentation of licensing.

(e) Licenses may be issued only upon successful completion of the required
examination and submission of proof of sufficient experience, proof of general liability
insurance, and a corporate surety bond in the amount of at least $10,000.

(f) Notwithstanding paragraph (e), the examination and proof of experience are not
required for an individual sewage treatment system professional who, on the effective date
of the rules adopted under subdivision 1, holds a certification attained by examination and
experience under a voluntary certification program administered by the agency.

(g) Local units of government may not require additional local licenses for individual
sewage treatment system professionals.

(h) A pumper whose annual gross revenue from pumping systems is $9,000 or
less and whose gross revenue from pumping systems during the year ending May 11,
1994, was at least $1,000 is not subject to training requirements in rules adopted under
subdivision 1, except for any training required for initial licensure.

(i) deleted text beginUntil December 31, 2010,deleted text end No other professional license is required todeleted text begin:
deleted text end

deleted text begin (1)deleted text end design, install, maintain, deleted text beginordeleted text end inspectnew text begin, or provide service fornew text end an individual sewage
treatment system with a flow of 10,000 gallons of water per day or less new text beginusing prescriptive
designs and design guidances provided by the agency
new text end if the system designer, installer,
maintainer, deleted text beginordeleted text end inspectornew text begin, or service providernew text end is licensed under this subdivision and the
local unit of government has not adopted additional requirementsdeleted text begin; and
deleted text end

deleted text begin (2) operate an individual sewage treatment system with a flow of 10,000 gallons
of water per day or less if the system operator is licensed as a system designer, installer,
maintainer, or inspector under this subdivision and the local unit of government has not
adopted additional requirements
deleted text end.

Sec. 32.

Minnesota Statutes 2006, section 115A.03, subdivision 21, is amended to read:


Subd. 21.

Mixed municipal solid waste.

(a) "Mixed municipal solid waste" means
garbage, refuse, and other solid waste from residential, commercial, industrial, and
community activities that the generator of the waste aggregates for collection, except as
provided in paragraph (b).

(b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash,
construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid
batteries, motor and vehicle fluids and filters, and other materials collected, processed,
and disposed of as separate waste streamsdeleted text begin, but does include source-separated compostable
materials
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. 33.

Minnesota Statutes 2006, section 115A.03, subdivision 32a, is amended to
read:


Subd. 32a.

Source-separated compostable materials.

"Source-separated
compostable materials" means deleted text beginmixed municipal solid wastedeleted text endnew text begin materialsnew text end that:

(1) deleted text beginisdeleted text endnew text begin arenew text end separated at the source by waste generators for the purpose of preparing
deleted text begin itdeleted text endnew text begin themnew text end for use as compost;

(2) deleted text beginisdeleted text endnew text begin arenew text end collected separately from deleted text beginotherdeleted text end mixed municipal solid deleted text beginwastesdeleted text endnew text begin waste, and
are governed by the licensing provisions of section 115A.93
new text end;

(3) deleted text beginisdeleted text endnew text begin arenew text end comprised of food wastes, fish and animal waste, plant materials,
diapers, sanitary products, and paper that is not recyclable because the commissioner has
determined that no other person is willing to accept the paper for recycling; deleted text beginand
deleted text end

(4) deleted text beginisdeleted text endnew text begin arenew text end delivered to a facility to undergo controlled microbial degradation to yield
a humus-like product meeting the agency's class I or class II, or equivalent, compost
standards and where process residues do not exceed 15 percent by weight of the total
material delivered to the facilitynew text begin; and
new text end

new text begin (5) may be delivered to a transfer station, mixed municipal solid waste processing
facility, or recycling facility only for the purposes of composting or transfer to a
composting facility, unless the commissioner determines that no other person is willing
to accept the materials
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. 34.

Minnesota Statutes 2006, section 116.07, subdivision 4a, is amended to read:


Subd. 4a.

Permits.

(a) The Pollution Control Agency may issue, continue in
effect or deny permits, under such conditions as it may prescribe for the prevention of
pollution, for the emission of air contaminants, or for the installation or operation of
any emission facility, air contaminant treatment facility, treatment facility, potential air
contaminant storage facility, or storage facility, or any part thereof, or for the sources
or emissions of noise pollution.

The Pollution Control Agency may also issue, continue in effect or deny permits,
under such conditions as it may prescribe for the prevention of pollution, for the storage,
collection, transportation, processing, or disposal of waste, or for the installation or
operation of any system or facility, or any part thereof, related to the storage, collection,
transportation, processing, or disposal of waste.

new text begin The agency may not issue a permit to a facility without analyzing and considering
the cumulative levels and effects of past and current environmental pollution from all
sources on the environment and residents of the geographic area within which the facility's
emissions are likely to be deposited, provided that the facility is located in a community in
a city of the first class in Hennepin County that meets all of the following conditions:
new text end

new text begin (1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
new text end

new text begin (2) a majority of the population are low-income persons of color and American
Indians;
new text end

new text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
new text end

new text begin (4) is located in a city that has experienced numerous air quality alert days of
dangerous air quality for sensitive populations between February 2007 and February
2008; and
new text end

new text begin (5) is located near the junctions of several heavily trafficked state and county
highways and two one-way streets which carry both truck and auto traffic.
new text end

The Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
prevent or abate pollution.

(b) The Pollution Control Agency has the authority for approval over the siting,
expansion, or operation of a solid waste facility with regard to environmental issues.
However, the agency's issuance of a permit does not release the permittee from any
liability, penalty, or duty imposed by any applicable county ordinances. Nothing in this
chapter precludes, or shall be construed to preclude, a county from enforcing land use
controls, regulations, and ordinances existing at the time of the permit application and
adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365,
with regard to the siting, expansion, or operation of a solid waste facility.

new text begin EFFECTIVE DATE. new text end

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

Sec. 35.

new text begin [116.482] PETROLEUM RELEASE NOTIFICATION.
new text end

new text begin (a) When a potential receptor survey is conducted for a petroleum tank release as
provided in agency guidance documents, the tank owner must provide information on
the results of the survey, reports of all releases, and any corrective actions, as defined
in section 115C.02, that are related to the petroleum tank release in an understandable
manner to residents contacted in the survey. The information may be provided through
personal contact, mail, or e-mail.
new text end

new text begin (b) An owner may delegate the owner's responsibility under paragraph (a) to the
owner's consultant or contractor, as those terms are defined in section 115C.02, or to
the operator of the tank.
new text end

Sec. 36.

Minnesota Statutes 2006, section 127A.30, is amended to read:


127A.30 PERMANENT SCHOOL FUND ADVISORY COMMITTEE.

new text begin Subdivision 1. new text end

new text begin Membership. new text end

A state Permanent School Fund Advisory Committee
is established to advise the Department of Natural Resources on the management of
permanent school fund land, which is held in trust for the school districts of the state. The
advisory committee must consist of the following persons or their designees: the chairs
of the education committees of the legislature, new text beginthe chairs of the legislative committees
with jurisdiction over the K-12 education budget, the chairs of the legislative committees
with jurisdiction over the environment and natural resources policy and budget,
new text endthe deleted text beginchairsdeleted text endnew text begin
chair
new text end of the senate Committee on Finance andnew text begin the chair of thenew text end house Committee on Ways
and Means, the commissioner of education, one superintendent from a nonmetropolitan
district, deleted text beginanddeleted text end one superintendent from a metropolitan area districtnew text begin, one person with an
expertise in forestry, one person with an expertise in minerals and mining, one person
with an expertise in real estate development, one person with an expertise in renewable
energy, one person with an expertise in finance and land management, and one person
with an expertise in natural resource conservation
new text end. The school district superintendents
shall be appointed by the commissioner of education.new text begin The committee members with
areas of expertise in forestry, minerals and mining, real estate development, renewable
energy, finance and land management, and natural resource conservation shall be
appointed by the commissioner of natural resources. Members of the legislature shall be
given the opportunity to recommend candidates for vacancies on the committee to the
commissioners of education and natural resources. The advisory committee must also
include a nonvoting member appointed by the commissioner of natural resources. The
commissioner of natural resources shall provide administrative support to the committee.
The members of the committee shall serve without compensation. The members of the
Permanent School Fund Advisory Committee shall elect their chairperson and are bound
by the provisions of sections 43A.38 and 116P.09, subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

The advisory committee shall review the policies of the
Department of Natural Resources and current statutes on management of school trust fund
lands at least deleted text beginsemiannuallydeleted text endnew text begin annuallynew text end and shall recommend necessary changes in statutes,
policy, and implementation in order to ensure provident utilization of the permanent
school fund lands.new text begin By January 15 of each year, the advisory committee shall submit a
report to the legislature with recommendations for the management of school trust lands to
secure long-term economic return for the permanent school fund, consistent with sections
92.121 and 127A.31. The committee's annual report may include recommendations to:
new text end

new text begin (1) manage the school trust lands efficiently;
new text end

new text begin (2) reduce the management expenditures of school trust lands and maximize the
revenues deposited in the permanent school trust fund;
new text end

new text begin (3) manage the sale, exchange, and commercial leasing of school trust lands to
maximize the revenues deposited in the permanent school trust fund and retain the value
from the long-term appreciation of the school trust lands; and
new text end

new text begin (4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
management principles.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the advisory
committee is permanent and does not expire.
new text end

Sec. 37.

Minnesota Statutes 2006, section 299K.08, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Use of alternative threshold and certifications; restrictions. new text end

new text begin (a) For
Minnesota facilities required to report under subdivision 3, the alternative threshold
quantities outlined in Code of Federal Regulations, title 40, section 372.27, paragraphs
(a)(1) and (a)(2)(ii), or a successor regulation, shall be changed back to the threshold
levels prior to implementation of the toxic release inventory burden reduction rule of
December 18, 2006.
new text end

new text begin (b) The use of Environmental Protection Agency certification form 9530-2, (Form
A), or any equivalent successor to the form, shall not be used by facilities:
new text end

new text begin (1) if the total annual reportable amount is 500 pounds or more for nonpersistent
bioaccumulative and toxic chemicals; or
new text end

new text begin (2) with respect to any chemical identified by the Environmental Protection Agency
administrator as a chemical of special concern under Code of Federal Regulations, title 40,
section 372.28, or a successor regulation.
new text end

new text begin (c) Facilities affected by paragraph (b) must use Environmental Protection Agency
form 9350-1 (Form R), or any equivalent successor to the form.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2007,
and applies to reports due in 2007 for calendar year 2006 to ensure that no data gaps exist
from previous toxic chemical inventory data.
new text end

Sec. 38. new text beginEASEMENT ON TAX-FORFEITED LAND; ITASCA COUNTY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
Itasca County may grant a 40-year easement of tax-forfeited land to the Itasca County
Regional Rail Authority for a rail line right-of-way. The easement may be canceled only
by resolution of the county board after reasonable notice for any substantial breach of the
terms of the easement. The land subject to the easement may not be sold or otherwise
conveyed by the county board during the period of the easement.
new text end

Sec. 39. new text beginAPPROPRIATION; ZOOS.
new text end

new text begin (a) $33,000 is appropriated in fiscal year 2009 to the commissioner of natural
resources from the general fund for a grant to the city of Little Falls for the Pine Grove
Zoo to assist the zoo in obtaining accreditation. This is a onetime appropriation.
new text end

new text begin (b) $33,000 is appropriated in fiscal year 2009 to the commissioner of natural
resources from the general fund for a grant to the city of Duluth for the Lake Superior Zoo
to assist the zoo in obtaining accreditation. This is a onetime appropriation.
new text end

Sec. 40. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b;
85.054, subdivision 3; and 97A.141, subdivision 2,
new text end new text begin and new text end

new text begin Laws 1989, chapter 335, article 1,
section 21, subdivision 8, as amended by Laws 2002, chapter 323, section 19,
new text end new text begin are repealed.
new text end