Minnesota Legislature
SF 3275A
Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 01/15/2013 08:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3275
1.3relating to state government; appropriating money from constitutionally
1.4dedicated funds; modifying appropriation to prevent water pollution from
1.5polycyclic aromatic hydrocarbons; modifying certain administrative accounts;
1.6modifying electronic transaction provisions; providing for certain registration
1.7exemptions; modifying all-terrain vehicle definitions; modifying all-terrain
1.8vehicle operation restrictions; modifying state trails and canoe and boating routes;
1.9modifying fees and disposition of certain receipts; modifying certain competitive
1.10bidding exemptions; modifying horse trail pass provisions; modifying beaver
1.11dam provisions; modifying the Water Law; modifying nongame wildlife
1.12checkoffs; establishing an Environment and Natural Resources Organization
1.13Advisory Committee to advise legislature and governor on new structure for
1.14administration of environment and natural resource policies; requiring an
1.15advisory committee to consider all powers and duties of Pollution Control
1.16Agency, Department of Natural Resources, Environmental Quality Board,
1.17Board of Water and Soil Resources, Petroleum Tank Release Compensation
1.18Board, Harmful Substances Compensation Board, and Agricultural Chemical
1.19Response Compensation Board and certain powers and duties of Departments
1.20of Agriculture, Health, Transportation, and Commerce; modifying method of
1.21determining value of acquired stream easements; providing for certain historic
1.22property exemption; modifying state forest acquisition provisions; modifying
1.23certain requirements for land sales; adding to and deleting from state parks
1.24and state forests; authorizing public and private sales, conveyances, and
1.25exchanges of certain state land; amending the definition of "green economy" to
1.26include the concept of "green chemistry;" clarifying that an appropriation is
1.27to the commissioner of commerce; establishing a program to provide rebates
1.28for solar photovoltaic modules; providing for community energy planning;
1.29modifying Legislative Energy Commission and Public Utilities Commission
1.30provisions; eliminating a legislative guide; appropriating money;amending
1.31Minnesota Statutes 2008, sections 3.8851, subdivision 7; 84.025, subdivision
1.329; 84.027, subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777,
1.33subdivision 2; 84.82, subdivision 3, by adding a subdivision; 84.92, subdivisions
1.349, 10; 84.922, subdivision 5, by adding a subdivision; 84.925, subdivision
1.351; 84.9256, subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40;
1.3685.015, subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41,
1.37subdivision 3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3;
1.3888.79, subdivision 2; 89.032, subdivision 2; 90.041, by adding a subdivision;
1.3990.121; 90.14; 97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3;
1.40103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2;
1.41103G.315, subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision
1.422; 115A.02; 116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by
1.43adding a subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota
2.1Statutes 2009 Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1;
2.284.9275, subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09,
2.3subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
2.4amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 176,
2.5article 4, section 9; Laws 2010, chapter 215, article 3, section 4, subdivision 10;
2.6proposing coding for new law in Minnesota Statutes, chapters 85; 103G; 116C;
2.7repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6,
2.87, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota Statutes
2.92009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009,
2.10chapter 172, article 5, section 8.
2.11May 12, 2010
2.12The Honorable James P. Metzen
2.13President of the Senate
2.14The Honorable Margaret Anderson Kelliher
2.15Speaker of the House of Representatives
2.16We, the undersigned conferees for S.F. No. 3275 report that we have agreed upon
2.17the items in dispute and recommend as follows:
2.18That the House recede from its amendments and that S.F. No. 3275 be further
2.19amended as follows:
2.20Delete everything after the enacting clause and insert:
2.24The sums shown in the columns marked "Appropriations" are appropriated to the
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
2.27figures "2010" and "2011" used in this article mean that the appropriations listed under
2.28them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
2.29"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
2.30is fiscal years 2010 and 2011. The appropriations in this article are onetime.
2.37This appropriation is from the outdoor
2.38heritage fund. The amounts that may be
3.1spent for each purpose are specified in the
3.2following subdivisions.
3.6$5,833,000 in fiscal year 2011 is to the
3.7commissioner of natural resources to
3.8accelerate the protection, restoration, and
3.9enhancement of native prairie vegetation.
3.10A list of proposed land acquisitions,
3.11restorations, and enhancements, describing
3.12the types and locations of acquisitions,
3.13restorations, and enhancements, must
3.14be provided as part of the required
3.15accomplishment plan. All restorations must
3.16comply with subdivision 9, paragraph (b).
3.18$1,651,000 in fiscal year 2011 is to the
3.19commissioner of natural resources for
3.20an agreement with the Redwood Area
3.21Communities Foundation to acquire and
3.22restore land for purposes allowed under
3.23the Minnesota Constitution, article XI,
3.24section 15, in Redwood, Renville, Brown,
3.25Nicollet, Murray, Lyon, Yellow Medicine,
3.26Chippewa, and Cottonwood Counties to be
3.27added to the state outdoor recreation system
3.28as defined in Minnesota Statutes, chapter
3.2986A. A list of proposed fee title acquisitions
3.30must be provided as part of the required
3.31accomplishment plan. The commissioner of
3.32natural resources must agree in writing to
3.33each proposed acquisition. All restorations
3.34must comply with subdivision 9, paragraph
3.35(b).
4.3$3,015,000 in fiscal year 2011 is to the
4.4commissioner of natural resources for an
4.5agreement with Pheasants Forever to acquire
4.6and restore land to be added to the state
4.7wildlife management area system. A list
4.8of proposed fee title acquisitions and a list
4.9of proposed restoration projects, describing
4.10the types and locations of restorations,
4.11must be provided as part of the required
4.12accomplishment plan. The commissioner of
4.13natural resources must agree in writing to
4.14each proposed acquisition. All restorations
4.15must comply with subdivision 9, paragraph
4.16(b).
4.19$2,041,000 in fiscal year 2011 is to the
4.20commissioner of natural resources for an
4.21agreement with The Nature Conservancy
4.22to acquire land or permanent easements
4.23within the Northern Tallgrass Prairie Habitat
4.24Preservation Area in western Minnesota for
4.25addition to the Northern Tallgrass Prairie
4.26National Wildlife Refuge. A list of proposed
4.27fee title and permanent easement acquisitions
4.28must be provided as part of the required
4.29accomplishment plan. The accomplishment
4.30plan must include an easement stewardship
4.31plan.
4.33$1,900,000 in fiscal year 2011 is to the
4.34commissioner of natural resources for an
4.35agreement with Anoka County to acquire fee
5.1title to land at the confluence of the Rum
5.2River and Cedar Creek in Anoka County.
5.3Land acquired in fee must remain open to
5.4hunting and fishing, consistent with the
5.5capacity of the land, during the open season,
5.6as determined in writing by the commissioner
5.7of natural resources. All restorations must
5.8comply with subdivision 9, paragraph (b).
5.10$3,653,000 in fiscal year 2011 is to the
5.11commissioner of natural resources for an
5.12agreement with The Nature Conservancy
5.13for a pilot project to acquire interests in
5.14land and restore and enhance prairie and
5.15prairie/wetland habitat in the prairie regions
5.16of western and southwestern Minnesota.
5.17The Nature Conservancy may acquire land
5.18in fee or through permanent conservation
5.19easements. A list of proposed fee title and
5.20permanent conservation easements, and a list
5.21of proposed restorations and enhancements,
5.22must be provided as part of the required
5.23accomplishment plan. All restorations must
5.24comply with subdivision 9, paragraph (b).
5.25The commissioner of natural resources must
5.26agree in writing to each acquisition of interest
5.27in land, restoration project, and enhancement
5.28project. The accomplishment plan must
5.29include an easement stewardship plan.
5.33$816,000 in fiscal year 2011 is to the
5.34commissioner of natural resources for an
5.35agreement with the Minnesota Land Trust to
6.1acquire permanent conservation easements
6.2protecting critical shoreline habitats in
6.3Koochiching, Cook, Lake, and St. Louis
6.4County portions of the northern forest
6.5area in northern Minnesota and provide
6.6stewardship for those easements. A list of
6.7proposed conservation easement acquisitions
6.8must be provided as part of the required
6.9accomplishment plan. The accomplishment
6.10plan must include an easement stewardship
6.11plan.
6.14$594,000 in fiscal year 2011 is to the
6.15commissioner of natural resources for an
6.16agreement with Cass County to acquire lands
6.17that assist with gaining access for restoration
6.18and enhancement purposes to existing public
6.19land tracts. A list of proposed acquisitions
6.20must be provided as part of the required
6.21accomplishment plan.
6.24$843,000 in fiscal year 2011 is to the
6.25commissioner of natural resources
6.26for acceleration of agency programs and
6.27cooperative agreements to acquire interests in
6.28land within the boundaries of the Minnesota
6.29National Guard Army compatible use buffer
6.30(ACUB) program. Of this appropriation,
6.31$225,000 is for the Department of Natural
6.32Resources to acquire land for wildlife
6.33management areas and $618,000 is for an
6.34agreement with the Board of Water and Soil
6.35Resources to acquire permanent conservation
6.36easements. A list of proposed acquisitions
7.1must be provided as part of the required
7.2accomplishment plan.
7.5$1,791,000 in fiscal year 2011 is to the
7.6commissioner of natural resources for
7.7acceleration of agency programs to acquire,
7.8in fee, land for state forests and restore and
7.9enhance state forest habitat. A list of projects
7.10including proposed fee title acquisitions
7.11and restorations and enhancements must
7.12be provided as part of the required
7.13accomplishment plan. All restorations must
7.14comply with subdivision 9, paragraph (b).
7.17$1,559,000 in fiscal year 2011 is to the
7.18commissioner of natural resources for an
7.19agreement with Pheasants Forever to acquire
7.20interests in land, and to restore and enhance
7.21habitat for sharp-tailed grouse in Kanabec,
7.22Aitkin, and St. Louis Counties in cooperation
7.23with the Minnesota Sharp-Tailed Grouse
7.24Society. A list of proposed acquisitions
7.25and a list of proposed restorations and
7.26enhancements must be provided as part of
7.27the required accomplishment plan. The
7.28commissioner of natural resources must
7.29agree in writing to each acquisition of interest
7.30in land, restoration project, and enhancement
7.31project. All restorations must comply with
7.32subdivision 9, paragraph (b).
8.1$6,505,000 in fiscal year 2011 is to the
8.2commissioner of natural resources to assess,
8.3enhance, and restore shallow lake and
8.4wetland habitats, to acquire land in fee or
8.5through permanent conservation easements
8.6for shallow lake program restoration, and to
8.7provide stewardship for acquired easements
8.8in cooperation with Ducks Unlimited, Inc.
8.9Of this appropriation, $1,463,000 is for the
8.10Department of Natural Resources agency
8.11program acceleration and $5,042,000 is for
8.12an agreement with Ducks Unlimited, Inc. A
8.13list of proposed projects, describing the types
8.14and locations of land acquisitions, restoration
8.15projects, and enhancement projects,
8.16must be provided as part of the required
8.17accomplishment plan. The commissioner
8.18of natural resources must agree in writing
8.19to each acquisition, restoration project, and
8.20enhancement project. The accomplishment
8.21plan must include an easement stewardship
8.22plan. All restorations must comply with
8.23subdivision 9, paragraph (b).
8.26$3,505,000 in fiscal year 2011 is to the
8.27commissioner of natural resources for
8.28an agreement with Pheasants Forever to
8.29acquire and restore wetland and related
8.30upland habitats, in cooperation with the
8.31United States Fish and Wildlife Service
8.32and Ducks Unlimited, Inc., to be managed
8.33as waterfowl production areas. A list of
8.34proposed acquisitions and a list of proposed
8.35projects, describing the types and locations
8.36of restorations, must be provided as part
9.1of the required accomplishment plan. All
9.2restorations must comply with subdivision
9.39, paragraph (b).
9.6$6,895,000 in fiscal year 2011 is to the Board
9.7of Water and Soil Resources to acquire
9.8permanent conservation easements and
9.9restore wetlands and associated uplands
9.10in cooperation with the United States
9.11Department of Agriculture Wetlands Reserve
9.12Program. A list of proposed acquisitions
9.13and a list of proposed projects, describing
9.14the types and locations of restorations,
9.15must be provided as part of the required
9.16accomplishment plan. All restorations must
9.17comply with subdivision 9, paragraph (b).
9.20$2,397,000 in fiscal year 2011 is to
9.21the commissioner of natural resources
9.22for agreements for projects to protect,
9.23restore, and enhance natural systems of
9.24the Minnesota River, St. Croix River,
9.25Mississippi River, and their major tributaries
9.26as follows: $500,000 with Minnesota Valley
9.27National Wildlife Refuge Trust, Inc. for
9.28fee title land acquisition; $1,500,000 with
9.29the Trust for Public Land for fee title land
9.30acquisition; $227,300 with the Friends
9.31of the Mississippi River for restoration,
9.32enhancement, and conservation easement
9.33acquisition; and $169,700 with Great River
9.34Greening for restoration and enhancement.
9.35The accomplishment plan must include an
10.1easement stewardship plan. All restorations
10.2must comply with subdivision 9, paragraph
10.3(b).
10.6$3,416,000 in fiscal year 2011 is to the
10.7commissioner of natural resources to
10.8accelerate land acquisition by fee title and
10.9easements to be added to the state aquatic
10.10management area system as defined in
10.11Minnesota Statutes, chapter 86A, and to
10.12restore and enhance stream habitat and lake
10.13habitat. Land acquired in fee must remain
10.14open to hunting and fishing, consistent
10.15with the capacity of the land, during the
10.16open season, as determined in writing by
10.17the commissioner of natural resources.
10.18A list of proposed fee title and easement
10.19acquisitions, stream habitat restorations and
10.20enhancements, and lake habitat restorations
10.21and enhancements must be provided as part
10.22of the required accomplishment plan.
10.25$1,269,000 in fiscal year 2011 is to the
10.26commissioner of natural resources for
10.27an agreement with Trout Unlimited to
10.28restore, enhance, and protect cold water
10.29river and stream habitats in Minnesota. A
10.30list of proposed acquisitions and a list of
10.31proposed projects, describing the types and
10.32locations of restorations and enhancements,
10.33must be provided as part of the required
10.34accomplishment plan. The commissioner of
10.35natural resources must agree in writing to
10.36each proposed acquisition, restoration, and
11.1enhancement. All restorations must comply
11.2with subdivision 9, paragraph (b).
11.5$2,097,000 in fiscal year 2011 is to the
11.6commissioner of natural resources for
11.7an agreement with Dakota County for
11.8acquisition of permanent easements and
11.9enhancement and restoration of aquatic
11.10and associated upland habitat. A list of
11.11proposed acquisitions and restorations
11.12must be provided as part of the required
11.13accomplishment plan. The accomplishment
11.14plan must include an easement stewardship
11.15plan. All restorations must comply with
11.16subdivision 9, paragraph (b).
11.18$1,218,000 in fiscal year 2011 is to the
11.19commissioner of natural resources for
11.20agreements on projects to protect, restore,
11.21and enhance natural systems of Valley Creek
11.22in Washington County as follows: $838,000
11.23with Minnesota Land Trust; $218,000 with
11.24Washington County; $100,000 with the
11.25Belwin Conservancy; $50,000 with Trout
11.26Unlimited; and $12,000 with the Valley
11.27Branch Watershed District. All restorations
11.28must comply with subdivision 9, paragraph
11.29(b).
11.32$747,000 in fiscal year 2011 is to the
11.33commissioner of natural resources for
11.34an agreement with Great River Greening
11.35to restore and enhance habitat on public
12.1property in the Anoka Sand Plain in Anoka,
12.2Chisago, Isanti, Benton, Washington,
12.3Morrison, and Sherburne Counties. All
12.4restorations must comply with subdivision
12.59, paragraph (b).
12.8$1,000,000 in fiscal year 2011 is to
12.9the commissioner of natural resources
12.10to accelerate agency programs and for
12.11cooperative agreements to acquire land in
12.12the Root River watershed. A list of proposed
12.13acquisitions must be provided as part of
12.14the required accomplishment plan. The
12.15commissioner of natural resources must
12.16agree in writing to each proposed acquisition,
12.17restoration, and enhancement. All
12.18restorations must comply with subdivision
12.199, paragraph (b).
12.22$1,033,000 in fiscal year 2011 is to the
12.23commissioner of natural resources for an
12.24agreement with Washington County to
12.25acquire permanent easements to protect
12.26habitat associated with the St. Croix River
12.27Valley. A list of proposed acquisitions
12.28must be provided as part of the required
12.29accomplishment plan. The accomplishment
12.30plan must include an easement stewardship
12.31plan.
12.34$4,386,000 in fiscal year 2011 is to the
12.35commissioner of natural resources for a
13.1program to provide competitive, matching
13.2grants of up to $400,000 to local, regional,
13.3state, and national organizations, including
13.4government, for enhancement, restoration,
13.5or protection of forests, wetlands, prairies,
13.6and habitat for fish, game, or wildlife
13.7in Minnesota. Up to four percent of
13.8this appropriation may be used by the
13.9commissioner of natural resources for
13.10administering the grant program. Grantees
13.11may acquire land or interests in land.
13.12Easements must be permanent. Land
13.13acquired in fee must be open to hunting
13.14and fishing during the open season unless
13.15otherwise provided by state law. The
13.16commissioner of natural resources must
13.17agree in writing to each proposed acquisition
13.18of land or interest in land. The program
13.19shall require a match of at least ten percent
13.20from nonstate sources for grants of $100,000
13.21or less and a match of at least 15 percent
13.22from nonstate sources for grants over
13.23$100,000. Up to one-third of the match
13.24may be in-kind resources. The criteria
13.25for evaluating grant applications must
13.26include, in a balanced and equally weighted
13.27order of precedence, the amount of habitat
13.28restored, enhanced, or protected; local
13.29support; degree of collaboration; urgency;
13.30capacity to achieve multiple benefits;
13.31habitat benefits provided; consistency with
13.32current conservation science; adjacency
13.33to protected lands; full funding of the
13.34project; supplementing existing funding;
13.35public access for hunting and fishing during
13.36the open season; sustainability; and use
14.1of native plant materials. All projects
14.2must conform to the Minnesota statewide
14.3conservation and preservation plan. Wildlife
14.4habitat projects must also conform to the
14.5Minnesota wildlife action plan. Subject to
14.6the evaluation criteria and requirements
14.7of this paragraph and Minnesota Statutes,
14.8the commissioner of natural resources
14.9shall give priority to organizations that
14.10have a history or charter to receive private
14.11contributions for local conservation or
14.12habitat projects when evaluating projects of
14.13equal value. Priority may be given to projects
14.14acquiring land or easements associated
14.15with existing wildlife management areas.
14.16All restoration or enhancement projects
14.17must be on land permanently protected by
14.18conservation easement or public ownership
14.19or in public waters as defined in Minnesota
14.20Statutes, section 103G.005, subdivision 15.
14.21Subdivision 9 applies to grants awarded
14.22under this paragraph. All restorations must
14.23comply with subdivision 9, paragraph (b).
14.24This appropriation is available until June
14.2530, 2014, at which time all grant project
14.26work must be completed and final products
14.27delivered, unless an earlier date is specified
14.28in the grant agreement. No less than five
14.29percent of the amount of each grant must
14.30be held back from reimbursement until
14.31the grant recipient has completed a grant
14.32accomplishment report by the deadline and
14.33in the form prescribed by and satisfactory to
14.34the Lessard-Sams Outdoor Heritage Council.
15.1$175,000 in fiscal year 2011 is to the
15.2commissioner of natural resources for
15.3contract management duties assigned in this
15.4section.
15.6$600,000 in fiscal year 2011 is to the
15.7Legislative Coordinating Commission for
15.8administrative expenses of the Lessard-Sams
15.9Outdoor Heritage Council and for
15.10compensation and expense reimbursement
15.11of council members.
15.13Money appropriated in this section may
15.14not be spent on activities unless they are
15.15directly related to and necessary for a
15.16specific appropriation and are specified in the
15.17accomplishment plan. Money appropriated
15.18in this section must not be spent on indirect
15.19costs or other institutional overhead charges.
15.20Unless otherwise provided, the amounts
15.21in this section are available until June 30,
15.222013, when projects must be completed and
15.23final accomplishments reported. Funds for
15.24restoration or enhancement are available
15.25until June 30, 2015, or four years after
15.26acquisition, whichever is later, in order to
15.27complete restoration or enhancement work.
15.28If a project receives federal funds, the time
15.29period of the appropriation is extended to
15.30equal the availability of federal funding.
15.31Funds appropriated for fee title acquisition of
15.32land may be used to restore and enhance land
15.33acquired with the appropriation.
16.1It is a condition of acceptance of the
16.2appropriations made by this section that the
16.3agency or entity using the appropriation shall
16.4submit to the council an accomplishment
16.5plan and periodic accomplishment
16.6reports in the form determined by the
16.7Lessard-Sams Outdoor Heritage Council.
16.8The accomplishment plan must account for
16.9the use of the appropriation and outcomes
16.10of the expenditure in measures of wetlands,
16.11prairies, forests, and fish, game, and wildlife
16.12habitat restored, protected, and enhanced.
16.13The plan must include an evaluation of
16.14results. None of the money provided in this
16.15section may be expended unless the council
16.16has approved the pertinent accomplishment
16.17plan.
16.19(a) As a condition of accepting an
16.20appropriation in this section, any agency
16.21or entity receiving an appropriation must
16.22comply with this subdivision for any project
16.23funded in whole or in part with funds from
16.24the appropriation.
16.25(b) To the extent possible, a person
16.26conducting restoration with money
16.27appropriated in this section must plant
16.28vegetation or sow seed only of ecotypes
16.29native to Minnesota, and preferably of the
16.30local ecotype, using a high diversity of
16.31species originating from as close to the
16.32restoration site as possible, and protect
16.33existing native prairies, grasslands, forests,
16.34wetlands, and other aquatic systems from
16.35genetic contamination.
17.1(c) All conservation easements acquired with
17.2money appropriated in this section must: (1)
17.3be permanent; (2) specify the parties to an
17.4easement; (3) specify all of the provisions
17.5of an agreement that are permanent; (4)
17.6specify the habitat types and location
17.7being protected; (5) where appropriate for
17.8conservation or water protection outcomes,
17.9require the grantor to employ practices
17.10retaining water on the eased land as long as
17.11practicable; (6) specify the responsibilities
17.12of the parties for habitat enhancement and
17.13restoration and the associated costs of these
17.14activities; (7) be sent to the office of the
17.15Lessard-Sams Outdoor Heritage Council; (8)
17.16include a long-term stewardship plan and
17.17identify the sources and amount of funding
17.18for monitoring and enforcing the easement
17.19agreement; and (9) identify the parties
17.20responsible for monitoring and enforcing the
17.21easement agreement.
17.22(d) For all restorations, a recipient must
17.23prepare and retain an ecological restoration
17.24and management plan that, to the degree
17.25practicable, is consistent with current
17.26conservation science and ecological goals
17.27for the restoration site. Consideration should
17.28be given to soil, geology, topography, and
17.29other relevant factors that would provide
17.30the best chance for long-term success of the
17.31restoration projects. The plan shall include
17.32the proposed timetable for implementing
17.33the restoration, including, but not limited
17.34to, site preparation, establishment of
17.35diverse plant species, maintenance, and
17.36additional enhancement to establish the
18.1restoration; identify long-term maintenance
18.2and management needs of the restoration
18.3and how the maintenance, management, and
18.4enhancement will be financed; and use the
18.5current conservation science to achieve the
18.6best restoration.
18.7(e) For new lands acquired, a recipient
18.8must prepare a restoration and management
18.9plan in compliance with paragraph (d),
18.10including identification of sufficient funding
18.11for implementation.
18.12(f) To ensure public accountability for the
18.13use of public funds, a recipient must provide
18.14to the Lessard-Sams Outdoor Heritage
18.15Council documentation of the selection
18.16process used to identify parcels acquired
18.17in fee or permanent conservation easement
18.18and provide the council with documentation
18.19of all related transaction costs, including,
18.20but not limited to, appraisals, legal fees,
18.21recording fees, commissions, other similar
18.22costs, and donations. This information
18.23must be provided for all parties involved
18.24in the transaction. The recipient shall
18.25also report to the Lessard-Sams Outdoor
18.26Heritage Council any difference between the
18.27acquisition amount paid to the seller and the
18.28state-certified or state-reviewed appraisal, if
18.29a state-certified or state-reviewed appraisal
18.30was conducted. Acquisition data such
18.31as appraisals may remain private during
18.32negotiations but must ultimately be made
18.33public according to Minnesota Statutes,
18.34chapter 13.
19.1(g) Except as otherwise provided in this
19.2section, all restoration and enhancement
19.3projects funded with money appropriated in
19.4this section must be on land permanently
19.5protected by a conservation easement or
19.6public ownership or in public waters as
19.7defined in Minnesota Statutes, section
19.8103G.005, subdivision 15.
19.9(h) To the extent an appropriation is used to
19.10acquire an interest in real property, a recipient
19.11of an appropriation under this section must
19.12provide to the Lessard-Sams Outdoor
19.13Heritage Council and the commissioner
19.14of management and budget an analysis of
19.15increased operations and maintenance costs
19.16likely to be incurred by public entities as
19.17a result of the acquisition and of how these
19.18costs are to be paid.
19.19(i) A recipient of money from an
19.20appropriation in this section must give
19.21consideration to and make timely written
19.22contact with the Minnesota Conservation
19.23Corps or its successor for consideration of
19.24possible use of their services to contract for
19.25restoration and enhancement services. A
19.26copy of the written contact must be filed with
19.27the Lessard-Sams Outdoor Heritage Council
19.28within 15 days of execution.
19.29(j) A recipient of money from this section
19.30must erect signage according to Laws 2009,
19.31chapter 172, article 5, section 10.
19.34All agreements, grants, or contracts referred
19.35to in this section must be administered on
20.1a reimbursement basis unless otherwise
20.2provided in this section. Notwithstanding
20.3Minnesota Statutes, section 16A.41,
20.4expenditures directly related to each
20.5appropriation's purpose made on or after July
20.61, 2010, are eligible for reimbursement unless
20.7otherwise provided in this section. Periodic
20.8reimbursement must be made upon receiving
20.9documentation that the deliverable items
20.10articulated in the approved accomplishment
20.11plan have been achieved, including partial
20.12achievements as evidenced by approved
20.13progress reports. Reasonable amounts may
20.14be advanced to projects to accommodate
20.15cash flow needs or to match federal share.
20.16The advances must be approved as part of
20.17the accomplishment plan. Capital equipment
20.18expenditures for specific items in excess of
20.19$10,000 must be approved as part of the
20.20accomplishment plan.
20.23A political subdivision, public or private
20.24corporation, or other entity that receives an
20.25appropriation in this section must use the
20.26appropriation in compliance with Minnesota
20.27Statutes, section 16B.121, regarding
20.28purchase of recycled, repairable, and durable
20.29materials, and section 16B.122, regarding
20.30purchase and use of paper stock and printing.
20.32Structural and nonstructural facilities must
20.33meet the design standards in the Americans
20.34with Disabilities Act (ADA) accessibility
20.35guidelines.
21.2(a) An interest in real property, including, but
21.3not limited to, an easement or fee title, that
21.4is acquired with money appropriated under
21.5this section must be used in perpetuity or for
21.6the specific term of an easement interest for
21.7the purpose for which the appropriation was
21.8made.
21.9(b) A recipient of funding who acquires
21.10an interest in real property subject to this
21.11subdivision may not alter the intended use
21.12of the interest in real property or convey
21.13any interest in the real property acquired
21.14with the appropriation without the prior
21.15review and approval of the Lessard-Sams
21.16Outdoor Heritage Council or its successor.
21.17The council shall notify the chairs and
21.18ranking minority members of the legislative
21.19committees and divisions with jurisdiction
21.20over the outdoor heritage fund at least 15
21.21business days before approval under this
21.22paragraph. The council shall establish
21.23procedures to review requests from recipients
21.24to alter the use of or convey an interest in
21.25real property. These procedures shall allow
21.26for the replacement of the interest in real
21.27property with another interest in real property
21.28meeting the following criteria: (1) the
21.29interest is at least equal in fair market value,
21.30as certified by the commissioner of natural
21.31resources, to the interest being replaced; and
21.32(2) the interest is in a reasonably equivalent
21.33location and has a reasonably equivalent
21.34useful conservation purpose compared to the
21.35interest being replaced.
22.1(c) A recipient of funding who acquires an
22.2interest in real property under paragraph
22.3(a) must separately record a notice of
22.4funding restrictions in the appropriate local
22.5government office where the conveyance
22.6of the interest in real property is filed. The
22.7notice of funding agreement must contain:
22.8(1) a legal description of the interest in real
22.9property covered by the funding agreement;
22.10(2) a reference to the underlying funding
22.11agreement; (3) a reference to this section; and
22.12(4) the following statement: "This interest
22.13in real property shall be administered in
22.14accordance with the terms, conditions, and
22.15purposes of the grant agreement controlling
22.16the acquisition of the property. The interest
22.17in real property, or any portion of the interest
22.18in real property, shall not be sold, transferred,
22.19pledged, or otherwise disposed of or further
22.20encumbered without obtaining the prior
22.21written approval of the Lessard-Sams
22.22Outdoor Heritage Council or its successor.
22.23The ownership of the interest in real property
22.24shall transfer to the state if: (1) the holder of
22.25the interest in real property fails to comply
22.26with the terms and conditions of the grant
22.27agreement or accomplishment plan; or
22.28(2) restrictions are placed on the land that
22.29preclude its use for the intended purpose as
22.30specified in the appropriation."
22.32By December 1 each year, a recipient of
22.33money appropriated under this section that
22.34is used for the acquisition of an interest in
22.35real property, including, but not limited to,
22.36an easement or fee title, must submit annual
23.1reports on the status of the real property to
23.2the Lessard-Sams Outdoor Heritage Council
23.3or its successor in a form determined by the
23.4council. The responsibility for reporting
23.5under this section may be transferred by
23.6the recipient of the appropriation to another
23.7person or entity that holds the interest in the
23.8real property. To complete the transfer of
23.9reporting responsibility, the recipient of the
23.10appropriation must: (1) inform the person to
23.11whom the responsibility is transferred of that
23.12person's reporting responsibility; (2) inform
23.13the person to whom the responsibility is
23.14transferred of the property restrictions under
23.15subdivision 13; (3) provide written notice
23.16to the council of the transfer of reporting
23.17responsibility, including contact information
23.18for the person to whom the responsibility is
23.19transferred; and (4) provide the Lessard-Sams
23.20Outdoor Heritage Council or its successor
23.21written documentation from the person or
23.22entity holding the interest in real property
23.23certifying its acceptance of all reporting
23.24obligations and responsibilities previously
23.25held by the recipient of the appropriation.
23.26After the transfer, the person or entity that
23.27holds the interest in the real property is
23.28responsible for reporting requirements under
23.29this section.
23.31The Lessard-Sams Outdoor Heritage council
23.32may approve the continuation of a project
23.33with an organization that has adopted a new
23.34name. Continuation of a project with an
23.35organization that has undergone a significant
23.36change in mission, structure, or purpose
24.1will require: (1) notice to the chairs of
24.2committees with relevant jurisdiction; and (2)
24.3presentation by the Lessard-Sams Outdoor
24.4Heritage Council of proposed legislation
24.5either ratifying or rejecting continued
24.6involvement with the new organization.
24.7 Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, is amended by adding a
24.8subdivision to read:
24.9 Subd. 5. Restoration evaluations. Beginning July 1, 2011, the commissioner of
24.10natural resources shall convene a technical evaluation panel comprised of five members,
24.11including one technical representative from the Board of Water and Soil Resources, one
24.12technical representative from the Department of Natural Resources, one technical expert
24.13from the University of Minnesota or the Minnesota State Colleges and Universities,
24.14and two other representatives with expertise related to the project being evaluated.
24.15The commissioner may add a technical representative from a unit of federal or local
24.16government. The members of the technical evaluation panel may not be associated with
24.17the restoration, may vary depending upon the projects being reviewed, and shall avoid any
24.18potential conflicts of interest. Each year, the commissioner shall assign a coordinator to
24.19identify a sample of up to ten habitat restoration projects completed with parks and trails
24.20funding. The coordinator shall secure the restoration plans for the projects specified and
24.21direct the technical evaluation panel to evaluate the restorations relative to the law, current
24.22science, and the stated goals and standards in the restoration plan and, when applicable, to
24.23the Board of Water and Soil Resources' native vegetation establishment and enhancement
24.24guidelines. The coordinator shall summarize the findings of the panel and provide a report
24.25to the chairs of the respective house of representatives and senate policy and finance
24.26committees with jurisdiction over natural resources and spending from the parks and
24.27trails fund. The report shall determine if the restorations are meeting planned goals, any
24.28problems with the implementation of restorations, and, if necessary, recommendations on
24.29improving restorations. The report shall be focused on improving future restorations. Up
24.30to one-tenth of one percent of forecasted receipts from the parks and trails fund may be
24.31used for restoration evaluations under this section.
24.32 Sec. 4. Minnesota Statutes 2009 Supplement, section 97A.056, subdivision 3, is
24.33amended to read:
25.1 Subd. 3. Council recommendations. (a) The council shall make recommendations
25.2to the legislature on appropriations of money from the outdoor heritage fund that are
25.3consistent with the Constitution and state law and that will achieve the outcomes of
25.4existing natural resource plans, including, but not limited to, the Minnesota Statewide
25.5Conservation and Preservation Plan, that directly relate to the restoration, protection, and
25.6enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that
25.7prevent forest fragmentation, encourage forest consolidation, and expand restored native
25.8prairie. In making recommendations, the council shall consider a range of options that
25.9would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish,
25.10game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that
25.11would limit the council from considering options that are consistent with the Constitution.
25.12The council shall submit its initial recommendations to the legislature no later than April 1,
25.132009. Subsequent recommendations shall be submitted no later than January 15 each year.
25.14The council shall present its recommendations to the senate and house of representatives
25.15committees with jurisdiction over the environment and natural resources budget by
25.16February 15 in odd-numbered years, and within the first four weeks of the legislative
25.17session in even-numbered years. The council's budget recommendations to the legislature
25.18shall be separate from the Department of Natural Resource's budget recommendations.
25.19 (b) To encourage and support local conservation efforts, the council shall establish a
25.20conservation partners program. Local, regional, state, or national organizations may apply
25.21for matching grants for restoration, protection, and enhancement of wetlands, prairies,
25.22forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
25.23encouragement of forest consolidation, and expansion of restored native prairie.
25.24 (c) The council may work with the Clean Water Council to identify projects that
25.25are consistent with both the purpose of the outdoor heritage fund and the purpose of
25.26the clean water fund.
25.27 (d) The council may make recommendations to the Legislative-Citizen Commission
25.28on Minnesota Resources on scientific research that will assist in restoring, protecting, and
25.29enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
25.30forest fragmentation, encouraging forest consolidation, and expanding restored native
25.31prairie.
25.32 (e) Recommendations of the council, including approval of recommendations for the
25.33outdoor heritage fund, require an affirmative vote of at least nine members of the council.
25.34(f) The council may work with the Clean Water Council, the Legislative-Citizen
25.35Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
26.1water conservation districts, and experts from Minnesota State Colleges and Universities
26.2and the University of Minnesota in developing the council's recommendations.
26.3(g) The council shall develop and implement a process that ensures that citizens
26.4and potential recipients of funds are included throughout the process, including the
26.5development and finalization of the council's recommendations. The process must include
26.6a fair, equitable, and thorough process for reviewing requests for funding and a clear and
26.7easily understood process for ranking projects.
26.8(h) The council shall use the regions of the state based upon the ecological
26.9regions and subregions developed by the Department of Natural Resources and establish
26.10objectives for each region and subregion to achieve the purposes of the fund outlined
26.11in the state constitution.
26.12(i) The council shall develop and submit to the Legislative Coordinating Commission
26.13plans for the first ten years of funding, and a framework for 25 years of funding, consistent
26.14with statutory and constitutional requirements. The council may use existing plans from
26.15other legislative, state, and federal sources, as applicable.
26.16 Sec. 5. Minnesota Statutes 2008, section 97A.056, subdivision 5, is amended to read:
26.17 Subd. 5. Open meetings. (a) Meetings of the council and other groups the council
26.18may establish are subject to chapter 13D. Except where prohibited by law, the council
26.19shall establish additional processes to broaden public involvement in all aspects of its
26.20deliberations, including recording meetings, video conferencing, and publishing minutes.
26.21For the purposes of this subdivision, a meeting occurs when a quorum is present and the
26.22members receive information or take action on any matter relating to the duties of the
26.23council. The quorum requirement for the council shall be seven members.
26.24 (b) Travel to and from scheduled and publicly noticed site visits by council members
26.25for the purposes of receiving information is not a violation of paragraph (a). Any decision
26.26or agreement to make a decision during the travel is a violation of paragraph (a).
26.27(c) For legislative members of the council, enforcement of this subdivision is
26.28governed by section3.055, subdivision 2 . For nonlegislative members of the council,
26.29enforcement of this subdivision is governed by section13D.06, subdivisions 1 and 2.
26.30 Sec. 6. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
26.31to read:
26.32 Subd. 8. Revenues. When a parcel of land that was previously purchased with
26.33outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the
26.34council and commissioner of natural resources:
27.1(1) all revenues generated from activities on the land from the time the land was
27.2purchased with outdoor heritage funds until the land was transferred to the state;
27.3(2) all holding costs associated with managing the land between the time of purchase
27.4with outdoor heritage funds and the time the land was transferred to the state; and
27.5(3) the total net revenues as determined by subtracting the costs described in clause
27.6(2) from the revenues described in clause (1).
27.7 Sec. 7. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
27.8to read:
27.9 Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage
27.10fund shall not be used to purchase any land in fee title or a permanent conservation
27.11easement if the land in question is fully or partially owned by the state of Minnesota
27.12or a political subdivision of the state, unless: (1) the purchase creates additional direct
27.13benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
27.14for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of
27.15at least nine members of the council. At least 15 business days prior to a decision under
27.16this subdivision, the council shall submit the planned decision item to the Legislative
27.17Coordinating Commission. The planned decision item takes effect 15 business days
27.18after it is submitted by the council.
27.19EFFECTIVE DATE.This section is effective July 1, 2010, and applies only to
27.20projects proposed after that date.
27.21 Sec. 8. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
27.22to read:
27.23 Subd. 10. Restoration evaluations. Beginning July 1, 2011, the commissioner of
27.24natural resources and the Board of Water and Soil Resources shall convene a technical
27.25evaluation panel comprised of five members, including one technical representative
27.26from the Board of Water and Soil Resources, one technical representative from the
27.27Department of Natural Resources, one technical expert from the University of Minnesota
27.28or the Minnesota State Colleges and Universities, and two representatives with expertise
27.29in the project being evaluated. The board and the commissioner may add a technical
27.30representative from a unit of federal or local government. The members of the technical
27.31evaluation panel may not be associated with the restoration, may vary depending upon
27.32the projects being reviewed, and shall avoid any potential conflicts of interest. Each year,
27.33the board and the commissioner shall assign a coordinator to identify a sample of up to
27.34ten habitat restoration projects completed with outdoor heritage funding. The coordinator
28.1shall secure the restoration plans for the projects specified and direct the technical
28.2evaluation panel to evaluate the restorations relative to the law, current science, and the
28.3stated goals and standards in the restoration plan and, when applicable, to the Board of
28.4Water and Soil Resources' native vegetation establishment and enhancement guidelines.
28.5The coordinator shall summarize the findings of the panel and provide a report to the chair
28.6of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of
28.7representatives and senate policy and finance committees with jurisdiction over natural
28.8resources and spending from the outdoor heritage fund. The report shall determine if
28.9the restorations are meeting planned goals, any problems with the implementation of
28.10restorations, and, if necessary, recommendations on improving restorations. The report
28.11shall be focused on improving future restorations. Up to one-tenth of one percent of
28.12forecasted receipts from the outdoor heritage fund may be used for restoration evaluations
28.13under this section.
28.14 Sec. 9. Minnesota Statutes 2009 Supplement, section 114D.50, is amended by adding a
28.15subdivision to read:
28.16 Subd. 6. Restoration evaluations. Beginning July 1, 2011, the Board of Water and
28.17Soil Resources shall convene a technical evaluation panel comprised of five members,
28.18including one technical representative from the Board of Water and Soil Resources, one
28.19technical representative from the Department of Natural Resources, one technical expert
28.20from the University of Minnesota or the Minnesota State Colleges and Universities, and
28.21two representatives with expertise related to the project being evaluated. The board may
28.22add a technical representative from a unit of federal or local government. The members
28.23of the technical evaluation panel may not be associated with the restoration, may vary
28.24depending upon the projects being reviewed, and shall avoid any potential conflicts of
28.25interest. Each year, the board shall assign a coordinator to identify a sample of up to ten
28.26habitat restoration projects completed with clean water funding. The coordinator shall
28.27secure the restoration plans for the projects specified and direct the technical evaluation
28.28panel to evaluate the restorations relative to the law, current science, and the stated
28.29goals and standards in the restoration plan and, when applicable, to the Board of Water
28.30and Soil Resources' native vegetation establishment and enhancement guidelines. The
28.31coordinator shall summarize the findings of the panel and provide a report to the chairs
28.32of the respective house of representatives and senate policy and finance committees
28.33with jurisdiction over natural resources and spending from the clean water fund. The
28.34report shall determine if the restorations are meeting planned goals, any problems with
28.35the implementation of restorations, and, if necessary, recommendations on improving
29.1restorations. The report shall be focused on improving future restorations. Up to one-tenth
29.2of one percent of forecasted receipts from the clean water fund may be used for restoration
29.3evaluations under this section.
29.4 Sec. 10. LAND MANAGEMENT RECOMMENDATIONS.
29.5The commissioner of management and budget, in consultation with the
29.6commissioner of natural resources and the Board of Water and Soil Resources, shall
29.7prepare recommendations to the legislature on methods to accomplish the reasonable
29.8management, care, restoration, and protection of land acquired in fee title or easement.
29.9The commissioner of management and budget shall submit a report to the chairs of the
29.10house of representatives and senate committees and divisions with jurisdiction over
29.11environment and natural resources finance and cultural and outdoor resources finance by
29.12January 15, 2011.
29.13 Sec. 11. REPEALER.
29.14Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a,
29.156a, and 6b, are repealed.
29.18 Section 1. Minnesota Statutes 2008, section 473.1565, subdivision 2, is amended to
29.19read:
29.20 Subd. 2. Advisory committee. (a) A Metropolitan Area Water Supply Advisory
29.21Committee is established to assist the council in its planning activities in subdivision 1.
29.22The advisory committee has the following membership:
29.23 (1) the commissioner of agriculture or the commissioner's designee;
29.24 (2) the commissioner of health or the commissioner's designee;
29.25 (3) the commissioner of natural resources or the commissioner's designee;
29.26 (4) the commissioner of the Pollution Control Agency or the commissioner's
29.27designee;
29.28 (5) two officials of counties that are located in the metropolitan area, appointed by
29.29the governor;
29.30 (6) five officials of noncounty local governmental units that are located in the
29.31metropolitan area, appointed by the governor;and
29.32 (7) the chair of the Metropolitan Council or the chair's designee, who is chair of the
29.33advisory committee; and
30.1(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright,
30.2appointed by the governor.
30.3 A local government unit in each of the seven counties in the metropolitan area
30.4and Chisago, Isanti, Sherburne, and Wright Counties must be represented in theseven
30.511 appointments made under clauses (5),and (6), and (8).
30.6 (b) Members of the advisory committee appointed by the governor serve at the
30.7pleasure of the governor. Members of the advisory committee serve without compensation
30.8but may be reimbursed for their reasonable expenses as determined by the Metropolitan
30.9Council. The advisory committee expires December 31,2010 2012.
30.10 (c) The council must consider the work and recommendations of the advisory
30.11committee when the council is preparing its regional development framework.
30.12 Sec. 2. Laws 2009, chapter 172, article 2, section 4, is amended to read:
30.15(a) $9,000,000 the first year and $9,000,000
30.16the second year are to develop total
30.17maximum daily load (TMDL) studies and
30.18TMDL implementation plans for waters
30.19listed on the United States Environmental
30.20Protection Agency approved impaired
30.21waters list in accordance with Minnesota
30.22Statutes, chapter 114D. The agency shall
30.23complete an average of ten percent of the
30.24TMDLs each year over the biennium. Of
30.25this amount, $348,000 the first year is to
30.26retest the comprehensive assessment of the
30.27biological conditions of the lower Minnesota
30.28River and its tributaries within the Lower
30.29Minnesota River Major Watershed, as
30.30previously assessed from 1976 to 1992 under
30.31the Minnesota River Assessment Project
30.32(MRAP). The assessment must include the
30.33same fish species sampling at the same 116
30.34locations and the same macroinvertebrate
31.1sampling at the same 41 locations as the
31.2MRAP assessment. The assessment must:
31.3(1) include an analysis of the findings; and
31.4(2) identify factors that limit aquatic life in
31.5the Minnesota River.
31.6Of this amount, $250,000 the first year is
31.7for a pilot project for the development of
31.8total maximum daily load (TMDL) studies
31.9conducted on a watershed basis within
31.10the Buffalo River watershed in order to
31.11protect, enhance, and restore water quality
31.12in lakes, rivers, and streams. The pilot
31.13project shall include all necessary field
31.14work to develop TMDL studies for all
31.15impaired subwatersheds within the Buffalo
31.16River watershed and provide information
31.17necessary to complete reports for most of the
31.18remaining watersheds, including analysis of
31.19water quality data, identification of sources
31.20of water quality degradation and stressors,
31.21load allocation development, development
31.22of reports that provide protection plans
31.23for subwatersheds that meet water quality
31.24standards, and development of reports that
31.25provide information necessary to complete
31.26TMDL studies for subwatersheds that do not
31.27meet water quality standards, but are not
31.28listed as impaired.
31.29(b) $500,000 the first year is for development
31.30of an enhanced TMDL database to manage
31.31and track progress. Of this amount, $63,000
31.32the first year is to promulgate rules. By
31.33November 1, 2010, the commissioner shall
31.34submit a report to the chairs of the house of
31.35representatives and senate committees with
32.1jurisdiction over environment and natural
32.2resources finance on the outcomes achieved
32.3with this appropriation.
32.4(c) $1,500,000 the first year and $3,169,000
32.5the second year are for grants under
32.6Minnesota Statutes, section116.195 , to
32.7political subdivisions for up to 50 percent
32.8of the costs to predesign, design, and
32.9implement capital projects that use treated
32.10municipal wastewater instead of groundwater
32.11from drinking water aquifers, in order to
32.12demonstrate the beneficial use of wastewater,
32.13including the conservation and protection of
32.14water resources. Of this amount, $1,000,000
32.15the first year is for grants to ethanol plants
32.16that are within one and one-half miles of a
32.17city for improvements that reuse greater than
32.18300,000 gallons of wastewater per day.
32.19(d) $1,125,000 the first year and $1,125,000
32.20the second year are for groundwater
32.21assessment and drinking water protection to
32.22include:
32.23(1) the installation and sampling of at least
32.2430 new monitoring wells;
32.25(2) the analysis of samples from at least 40
32.26shallow monitoring wells each year for the
32.27presence of endocrine disrupting compounds;
32.28and
32.29(3) the completion of at least four to
32.30five groundwater models for TMDL and
32.31watershed plans.
32.32(e) $2,500,000 the first year is for the clean
32.33water partnership program. Priority shall be
32.34given to projects preventing impairments and
33.1degradation of lakes, rivers, streams, and
33.2groundwater in accordance with Minnesota
33.3Statutes, section114D.20, subdivision 2 ,
33.4clause (4). Any balance remaining in the first
33.5year does not cancel and is available for the
33.6second year.
33.7(f) $896,000 the first year is to establish
33.8a network of water monitoring sites, to
33.9include at least 20 additional sites, in public
33.10waters adjacent to wastewater treatment
33.11facilities across the state to assess levels of
33.12endocrine-disrupting compounds, antibiotic
33.13compounds, and pharmaceuticals as required
33.14in this article. The data must be placed on
33.15the agency's Web site.
33.16(g) $155,000 the first year is to provide
33.17notification of the potential for coal tar
33.18contamination, establish a storm water
33.19pond inventory schedule, and develop best
33.20management practices for treating and
33.21cleaning up contaminated sediments as
33.22required in this article.$345,000 $490,000
33.23the second year isto develop a model
33.24ordinance for the restricted use of undiluted
33.25coal tar sealants and to provide grants to local
33.26units of government for up to 50 percent of
33.27the costs to implement best management
33.28practices to treat or clean up contaminated
33.29sediments in storm water ponds and other
33.30waters as defined under this article. Local
33.31governments must have adopted an ordinance
33.32for the restricted use of undiluted coal tar
33.33sealants in order to be eligible for a grant,
33.34unless a statewide restriction has been
33.35implemented. A grant awarded under this
33.36paragraph must not exceed $100,000. Up to
34.1$145,000 of the appropriation in the second
34.2year may be used to complete work required
34.3under section 28, paragraph (c).
34.4(h) $350,000 the first year and$400,000
34.5$600,000 the second year are for a restoration
34.6project in the lower St. Louis River and
34.7Duluth harbor in order to improve water
34.8quality. This appropriation must be matched
34.9by nonstate money at a rate of at least $2 for
34.10every $1 of state money.
34.11(i) $150,000 the first year and $196,000 the
34.12second year are for grants to the Red River
34.13Watershed Management Board to enhance
34.14and expand existing river watch activities in
34.15the Red River of the North. The Red River
34.16Watershed Management Board shall provide
34.17a report that includes formal evaluation
34.18results from the river watch program to the
34.19commissioners of education and the Pollution
34.20Control Agency and to the legislative natural
34.21resources finance and policy committees
34.22and K-12 finance and policy committees by
34.23February 15, 2011.
34.24(j) $200,000 the first year and $300,000 the
34.25second year are for coordination with the
34.26state of Wisconsin and the National Park
34.27Service on comprehensive water monitoring
34.28and phosphorus reduction activities in the
34.29Lake St. Croix portion of the St. Croix
34.30River. The Pollution Control Agency
34.31shall work with the St. Croix Basin Water
34.32Resources Planning Team and the St. Croix
34.33River Association in implementing the
34.34water monitoring and phosphorus reduction
34.35activities. This appropriation is available
35.1to the extent matched by nonstate sources.
35.2Money not matched by November 15, 2010,
35.3cancels for this purpose and is available for
35.4the purposes of paragraph (a).
35.5(k) $7,500,000 the first year and $7,500,000
35.6the second year are for completion of 20
35.7percent of the needed statewide assessments
35.8of surface water quality and trends. Of this
35.9amount, $175,000 the first year and $200,000
35.10the second year are for monitoring and
35.11analyzing endocrine disruptors in surface
35.12waters.
35.13(l) $100,000 the first year and $150,000
35.14the second year are for civic engagement
35.15in TMDL development. The agency shall
35.16develop a plan for expenditures under
35.17this paragraph. The agency shall give
35.18consideration to civic engagement proposals
35.19from basin or sub-basin organizations,
35.20including the Mississippi Headwaters Board,
35.21the Minnesota River Joint Powers Board,
35.22Area II Minnesota River Basin Projects,
35.23and the Red River Basin Commission.
35.24By November 15, 2009, the plan shall be
35.25submitted to the house and senate chairs
35.26and ranking minority members of the
35.27environmental finance divisions.
35.28(m) $5,000,000 the second year is for
35.29groundwater protection or prevention of
35.30groundwater degradation activities. By
35.31January 15, 2010, the commissioner, in
35.32consultation with the commissioner of
35.33natural resources, the Board of Water and
35.34Soil Resources, and other agencies, shall
35.35submit a report to the chairs of the house of
36.1representatives and senate committees with
36.2jurisdiction over the clean water fund on the
36.3intended use of these funds. The legislature
36.4must approve expenditure of these funds by
36.5law.
36.6(n) $100,000 the first year and $100,000 the
36.7second year are for grants to the Star Lake
36.8Board established under Minnesota Statutes,
36.9section103B.702 . The appropriation is a
36.10pilot program to focus on engaging citizen
36.11participation and fostering local partnerships
36.12by increasing citizen involvement in water
36.13quality enhancement by designating star
36.14lakes and rivers. The board shall include
36.15information on the results of this pilot
36.16program in its next biennial report under
36.17Minnesota Statutes, section103B.702 . The
36.18second year grants are available only if
36.19the Board of Water and Soil Resources
36.20determines that the money granted in the first
36.21year furthered the water quality goals in the
36.22star lakes program in Minnesota Statutes,
36.23section103B.701 . * (The preceding
36.24paragraph beginning "(n) $100,000 the
36.25first year" was indicated as vetoed by the
36.26governor.)
36.27Notwithstanding Minnesota Statutes, section
36.2816A.28
, the appropriations encumbered on or
36.29before June 30, 2011, as grants or contracts in
36.30this section are available until June 30, 2013.
36.31 Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
36.32The appropriations in fiscal years 2011 and 2012 to the Department of Natural
36.33Resources for high-resolution digital elevation data in Laws 2009, chapter 172, article 2,
36.34section 5, paragraph (d), are available until June 30, 2012.
37.1 Sec. 4. CLEAN WATER FUND APPROPRIATIONS.
37.2 Subdivision 1. Pollution Control Agency. $600,000 in fiscal year 2011 is
37.3appropriated from the clean water fund to the commissioner of the Pollution Control
37.4Agency to continue rulemaking to establish water quality standards for total nitrogen and
37.5nitrate nitrogen. This is a onetime appropriation.
37.6 Subd. 2. Department of Natural Resources. The $5,000,000 appropriated
37.7in Laws 2009, chapter 172, article 2, section 4, paragraph (m), for activities relating
37.8to groundwater protection or prevention of groundwater degradation is canceled and
37.9$4,000,000 is appropriated in fiscal year 2011 to the commissioner of natural resources for
37.10the following purposes:
37.11(1) establish a groundwater monitoring network in the 11-county metropolitan area
37.12that monitors non-stressed systems to provide information on aquifer characteristics and
37.13natural water level trends; and
37.14(2) develop an automated data system to capture groundwater level and water use
37.15data to enhance the evaluation of water resource changes in aquifer systems that are
37.16stressed by pumping of existing wells. This is a onetime appropriation and is available
37.17until spent. The base funding for this program in fiscal year 2012 is $1,000,000 and $0
37.18in fiscal year 2013.
37.19 Sec. 5. APPROPRIATION; WATER SUPPLY PLANNING ACTIVITIES.
37.20$400,000 is appropriated in fiscal year 2011 from the clean water fund, pursuant to
37.21Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund Metropolitan
37.22Council water supply planning activities under section 473.1565, for projects that
37.23include, but are not limited to, protection of the Seminary Fen and Valley Branch Trout
37.24Stream; lessening groundwater vulnerability by mapping glacial aquifers; creation of a
37.25comprehensive map of known groundwater contaminant plumes; and the design of plans
37.26that can be used by communities for reusing storm water. By January 15, 2011, the council
37.27shall report to the chairs and ranking minority members of the legislative committees
37.28and divisions that make recommendations for appropriations from the clean water fund
37.29on the outcomes of the council's water supply planning activities. This appropriation
37.30is onetime and available until expended.
37.31 Sec. 6. APPROPRIATIONS; BOARD OF WATER AND SOIL RESOURCES.
37.32(a) $100,000 in fiscal year 2011 is appropriated from the clean water fund to the
37.33Board of Water and Soil Resources for the purpose of establishing a micro-grants pilot
38.1program to engage citizen volunteers and to match private sector resources to complete
38.2projects with long-term water quality restoration or protection benefits for Minnesota
38.3lakes and rivers.
38.4(b) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the
38.5Board of Water and Soil Resources to purchase and restore permanent conservation
38.6easements on riparian buffers of up to 120 feet adjacent to public waters, excluding
38.7wetlands, to keep water on the land in order to decrease sediment, pollutant, and nutrient
38.8transport, reduce hydrologic impacts to surface waters, and increase infiltration for
38.9groundwater recharge. The riparian buffers must be at least 50 feet unless there is a
38.10natural impediment, a road, or other impediment beyond the control of the landowner.
38.11This appropriation may be used for restoration of riparian buffers protected by easements
38.12purchased with this appropriation and for stream bank restorations when the riparian
38.13buffers have been restored. Up to five percent may be used for administration of this
38.14program and up to five percent may be used for technical design, construction, and project
38.15oversight.
38.16(c) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the
38.17Board of Water and Soil Resources for grants to watershed districts and watershed
38.18management organizations for: (1) structural or vegetative management practices that
38.19reduce storm water runoff from developed or disturbed lands to reduce the movement of
38.20sediment, nutrients, and pollutants or to leverage federal funds for restoration, protection,
38.21or enhancement of water quality in lakes, rivers, and streams and to protect groundwater
38.22and drinking water; and (2) the installation of proven and effective water retention
38.23practices including, but not limited to, rain gardens and other vegetated infiltration basins
38.24and sediment control basins in order to keep water on the land. The projects must be
38.25of long-lasting public benefit, include a local match, and be consistent with TMDL
38.26implementation plans or local water management plans. Watershed district and watershed
38.27management organization staff and administration may be used for the local match.
38.28Priority may be given to school projects that can be used to demonstrate water retention
38.29practices. Up to five percent may be used for administering the grants and up to five
38.30percent may be used for technical design, construction, and project oversight.
38.31(d) $300,000 in fiscal year 2011 is appropriated from the clean water fund to the
38.32Board of Water and Soil Resources for permanent conservation easements on wellhead
38.33protection areas under Minnesota Statutes, section 103F.515, subdivision 2, paragraph
38.34(d). Priority must be placed on land that is located where the vulnerability of the drinking
38.35water supply management area, as defined under Minnesota Rules, part 4720.5100,
38.36subpart 13, is designated as high or very high by the commissioner of health. Up to five
39.1percent may be used for administration of this program and up to five percent may be used
39.2for technical design, construction, and project oversight.
39.3(e) The appropriations in fiscal year 2011 to the Board of Water and Soil Resources in
39.4Laws 2009, chapter 172, article 2, section 6, are available until June 30, 2012, and, unless
39.5otherwise specified, may utilize up to five percent for administration of grant and easement
39.6programs and up to five percent for technical design, construction, and project oversight.
39.9 Section 1. Minnesota Statutes 2008, section 3.9741, is amended by adding a
39.10subdivision to read:
39.11 Subd. 3. Legacy funds. The outdoor heritage fund, the clean water fund, the parks
39.12and trails fund, and the arts and cultural heritage fund must each reimburse the general
39.13fund, in the manner prescribed in section 16A.127, for costs incurred by the legislative
39.14auditor in examining financial activities relating to each fund.
39.15 Sec. 2. Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended
39.16to read:
39.17 Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
39.18from the parks and trails fund must meet or exceed the constitutional requirement to
39.19support parks and trails of regional or statewide significance. A project or program
39.20receiving funding from the parks and trails fund must include measurable outcomes, as
39.21defined in section3.303, subdivision 10 , and a plan for measuring and evaluating the
39.22results. A project or program must be consistent with current science and incorporate
39.23state-of-the-art technology, except when the project or program is a portrayal or restoration
39.24of historical significance.
39.25(b) Money from the parks and trails fund shall be expended to balance the benefits
39.26across all regions and residents of the state.
39.27(c) All information for funded projects, including the proposed measurable
39.28outcomes, must be made available on the Web site required under section3.303 ,
39.29subdivision 10, as soon as practicable. Information on the measured outcomes and
39.30evaluation must be posted as soon as it becomes available.
39.31(d) Grants funded by the parks and trails fund must be implemented according to
39.32section16B.98 and must account for all expenditures. Proposals must specify a process
39.33for any regranting envisioned. Priority for grant proposals must be given to proposals
39.34involving grants that will be competitively awarded.
40.1(e) A recipient of money from the parks and trails fund must display a sign on lands
40.2and capital improvements purchased, restored, or protected with money from the parks
40.3and trails fund that includes the logo developed by the commissioner of natural resources
40.4to identify it as a project funded with money from the vote of the people of Minnesota on
40.5November 4, 2008.
40.6(f) Money from the parks and trails fund may only be spent on projects located
40.7in Minnesota.
40.8 Sec. 3. Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is
40.9amended to read:
40.10 Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
40.11heritage fund may be spent only for arts, arts education, and arts access, and to preserve
40.12Minnesota's history and cultural heritage. A project or program receiving funding from
40.13the arts and cultural heritage fund must include measurable outcomes, and a plan for
40.14measuring and evaluating the results. A project or program must be consistent with
40.15current scholarship, or best practices, when appropriate and incorporate state-of-the-art
40.16technology when appropriate.
40.17(b) Funding from the arts and cultural heritage fund may be granted for an entire
40.18project or for part of a project so long as the recipient provides a description and cost for
40.19the entire project and can demonstrate that it has adequate resources to ensure that the
40.20entire project will be completed.
40.21(c) Money from the arts and cultural heritage fund shall be expended for benefits
40.22across all regions and residents of the state.
40.23(d) All information for funded projects, including the proposed measurable
40.24outcomes, must be made available on the Legislative Coordinating Commission Web
40.25site, as soon as practicable. Information on the measured outcomes and evaluation must
40.26be posted as soon as it becomes available.
40.27(e) Grants funded by the arts and cultural heritage fund must be implemented
40.28according to section16B.98 and must account for all expenditures of funds. Priority for
40.29grant proposals must be given to proposals involving grants that will be competitively
40.30awarded.
40.31(f)A recipient of money from the arts and cultural heritage fund must display a sign
40.32on capital projects during construction and an acknowledgment in a printed program or
40.33other material funded with money from the arts and cultural heritage fund that identifies it
40.34as a project funded with money from the vote of the people of Minnesota on November
40.354, 2008.
41.1(g) All money from the arts and cultural heritage fund must be for projects located
41.2in Minnesota.
41.3 Sec. 4. Laws 2009, chapter 172, article 5, section 8, is amended to read:
41.4 Sec. 8.LEGISLATIVE COMMITTEE GUIDE.
41.5Alegislative committee guide shall be recommended may be developed by the
41.6house of representatives committee with jurisdiction over cultural and outdoor resources
41.7expenditures stating principles for the use and expected outcomes of all funds from
41.8dedicated sales taxes pursuant to the Minnesota Constitution, article XI, section 15. The
41.9guide shall include principles for managing future state obligations, including payment
41.10in lieu of taxes and land management and monitoring necessary for lands acquired in
41.11fee or easement. This guide shall be recommended jointly by the Cultural and Outdoor
41.12Resources Division of the house of representatives, the appropriate senate committees
41.13as designated by the majority leader of the senate, and the Lessard Outdoor Heritage
41.14Council. The recommendations must be presented to the legislature by January 15, 2010,
41.15and acted on by the legislature.
41.16The legislative guide required by this section shall be for the years 2010 to 2015
41.17and shall include the following provisions:
41.18(1) principles by which to guide future expenditures for each fund;
41.19(2) desired outcomes for the expenditures;
41.20(3) a general statement applicable to later years for these funds; and
41.21(4) consideration of financial methods such as revolving loan funds that may be used
41.22in future appropriations.
41.23 Sec. 5. Laws 2009, chapter 172, article 5, section 10, is amended to read:
41.24 Sec. 10. LOGO.
41.25(a) By September 1, 2010, the Minnesota Board of the Arts, in consultation with
41.26the Department of Natural Resources, shall sponsor a contest for selecting the design of a
41.27logo to use on signage for projects receiving money from the outdoor heritage fund,
41.28clean water fund, parks and trails fund, and the arts and cultural heritage fund. If, by
41.29September 15, 2010, the Minnesota Board of the Arts has not selected a logo design, the
41.30Department of Natural Resources shall assume the task of sponsoring the logo contest and
41.31design selection solely.
41.32(b) A recipient of funds from the outdoor heritage fund, parks and trails fund, clean
41.33water fund, or arts and cultural heritage fund shall display, where practicable, a sign with
41.34the logo developed under this section on construction projects and at access points to any
42.1land or water resources acquired in fee or an interest in less than fee title, or that were
42.2restored, protected, or enhanced, and incorporate the logo, where practicable, into printed
42.3and other materials funded with money from one or more of the funds.
42.4 Sec. 6. FUNDS CARRYOVER.
42.5Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172,
42.6are available until June 30, 2011. For acquisition of an interest in real property, the
42.7amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives
42.8federal funds, the time period of the appropriation is extended to equal the availability
42.9of federal funding.
42.10 Sec. 7. PARKS.
42.11The Minneapolis Park and Recreation Board may acquire all or part of the entire
42.12property known as the Scherer Brothers Lumber Yard for a metropolitan area regional
42.13park and may allocate any future appropriations to the board from the parks and trails fund
42.14to acquire the property.
42.15EFFECTIVE DATE.This section is effective the day after the Minneapolis
42.16Park Board timely completes compliance with Minnesota Statutes, section 645.021,
42.17subdivisions 2 and 3.
42.18 Sec. 8. USE OF CARRYFORWARD.
42.19The restrictions in Minnesota Statutes, section 16A.281, on the use of money carried
42.20forward from one biennium to another shall not apply to money the legislative auditor
42.21carried forward from the previous biennium for use in fiscal years 2010 and 2011. The
42.22legislative auditor may use the carry forward money for costs related to the conduct of
42.23audits related to funds authorized in the Minnesota Constitution, Article XI, section 15.
42.24 Sec. 9. REPEALER.
42.25Laws 2009, chapter 172, article 5, section 9, is repealed.
42.28 Section 1. Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:
42.29 Subd. 9. Professional services support account. The commissioner of natural
42.30resources may bill other governmental units, including tribal governments, and the
42.31various programs carried out by the commissioner for the costs of providing them with
43.1professional support services. Except as provided under section89.421 , receipts must be
43.2credited to a special account in the state treasury and are appropriated to the commissioner
43.3to pay the costs for which the billings were made.
43.4 The commissioner of natural resources shall submit to the commissioner of
43.5management and budget before the start of each fiscal year a work plan showing the
43.6estimated work to be done during the coming year, the estimated cost of doing the work,
43.7and the positions and fees that will be necessary. This account is exempted from statewide
43.8and agency indirect cost payments.
43.9 Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:
43.10 Subd. 15. Electronic transactions. (a) The commissioner may receive an
43.11application for, sell, and issue any license, stamp, permit, pass, sticker,duplicate gift
43.12card, safety training certification, registration, or transfer under the jurisdiction of the
43.13commissioner by electronic means, including by telephone. Notwithstanding section
43.1497A.472
, electronic and telephone transactions may be made outside of the state. The
43.15commissioner may:
43.16 (1) provide for the electronic transfer of funds generated by electronic transactions,
43.17including by telephone;
43.18 (2) assign an identification number to an applicant who purchases a hunting or
43.19fishing license or recreational vehicle registration by electronic means, to serve as
43.20temporary authorization to engage in the activity requiring a license or registration until
43.21the license or registration is received or expires;
43.22 (3) charge and permit agents to charge a fee of individuals who make electronic
43.23transactions and transactions by telephone or Internet, including issuing fees and an
43.24additional transaction fee not to exceed $3.50;
43.25 (4) charge and permit agents to charge a convenience fee not to exceed three percent
43.26of the cost of the license to individuals who use electronic bank cards for payment. An
43.27electronic licensing system agent charging a fee of individuals making an electronic
43.28bank card transaction in person must post a sign informing individuals of the fee. The
43.29sign must be near the point of payment, clearly visible, include the amount of the fee, and
43.30state: "License agents are allowed by state law to charge a fee not to exceed three percent
43.31of the cost of state licenses to persons who use electronic bank cards for payment. The
43.32fee is not required by state law.";
43.33 (5) establish, by written order, an electronic licensing system commission to be
43.34paid by revenues generated from all sales made through the electronic licensing system.
43.35The commissioner shall establish the commission in a manner that neither significantly
44.1overrecovers nor underrecovers costs involved in providing the electronic licensing
44.2system; and
44.3 (6) adopt rules to administer the provisions of this subdivision.
44.4 (b) The fees established under paragraph (a), clauses (3) and (4), and the commission
44.5established under paragraph (a), clause (5), are not subject to the rulemaking procedures
44.6of chapter 14 and section14.386 does not apply.
44.7 (c) Money received from fees and commissions collected under this subdivision,
44.8including interest earned, is annually appropriated from the game and fish fund and the
44.9natural resources fund to the commissioner for the cost of electronic licensing.
44.10 Sec. 3. Minnesota Statutes 2008, section 84.0856, is amended to read:
44.1184.0856 FLEET MANAGEMENT ACCOUNT.
44.12The commissioner of natural resources may bill organizational units within
44.13the Department of Natural Resources and other governmental units, including tribal
44.14governments, for the costs of providing them with equipment. Costs billed may include
44.15acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined
44.16by the commissioner. Receipts and interest earned on the receipts shall be credited to a
44.17special account in the state treasury and are appropriated to the commissioner to pay the
44.18costs for which the billings were made.
44.19 Sec. 4. Minnesota Statutes 2008, section 84.0857, is amended to read:
44.2084.0857 FACILITIES MANAGEMENT ACCOUNT.
44.21 (a) The commissioner of natural resources may bill organizational units within
44.22the Department of Natural Resources and other governmental units, including tribal
44.23governments, for the costs of providing them with building and infrastructure facilities.
44.24Costs billed may include modifications and adaptations to allow for appropriate building
44.25occupancy, building code compliance, insurance, utility services, maintenance, repair, and
44.26other direct costs as determined by the commissioner. Receipts shall be credited to a
44.27special account in the state treasury and are appropriated to the commissioner to pay the
44.28costs for which the billings were made.
44.29 (b) Money deposited in the special account from the proceeds of a sale under section
44.3094.16, subdivision 3
, paragraph (b), is appropriated to the commissioner to acquire
44.31facilities or renovate existing buildings for administrative use or to acquire land for,
44.32design, and construct administrative buildings for the Department of Natural Resources.
45.1 Sec. 5. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision
45.2to read:
45.3 Subd. 3a. Joint applications for residential use. An application for a utility
45.4license may cover more than one type of utility if the utility lines are being installed for
45.5residential use only. Separate applications submitted by utilities for the same crossing
45.6shall be joined together and processed as one application, provided that the applications
45.7are submitted within one year of each other and the utility lines are for residential use only.
45.8The application fees for a joint application or separate applications subsequently joined
45.9together shall be as if only one application was submitted.
45.10 Sec. 6. Minnesota Statutes 2009 Supplement, section 84.415, subdivision 6, is
45.11amended to read:
45.12 Subd. 6. Supplemental application fee and monitoring fee. (a) In addition to the
45.13application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
45.14natural resources shall assess the applicant for a utility license the following fees:
45.15(1) a supplemental application fee of$1,500 $1,750 for a public water crossing
45.16license and a supplemental application fee of$4,500 $3,000 for a public lands crossing
45.17license, to cover reasonable costs for reviewing the application and preparing the license;
45.18and
45.19(2) a monitoring fee to cover the projected reasonable costs for monitoring the
45.20construction of the utility line and preparing special terms and conditions of the license
45.21to ensure proper construction. The commissioner must give the applicant an estimate of
45.22the monitoring fee before the applicant submits the fee.
45.23(b) The applicant shall pay fees under this subdivision to the commissioner of
45.24natural resources. The commissioner shall not issue the license until the applicant has
45.25paid all fees in full.
45.26(c) Upon completion of construction of the improvement for which the license
45.27or permit was issued, the commissioner shall refund the unobligated balance from the
45.28monitoring fee revenue. The commissioner shall not return the application fees, even
45.29if the application is withdrawn or denied.
45.30(d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover
45.31the costs of reviewing the applications and preparing the licenses, the commissioner shall
45.32improve efficiencies and otherwise reduce department costs and activities to ensure the
45.33revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are
45.34necessary to carry out the requirements.
46.1 Sec. 7. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:
46.2 Subd. 2. Off-highway vehicleseasons seasonal restrictions. (a) The commissioner
46.3shall prescribe seasons for off-highway vehicle use on state forest lands. Except for
46.4designated forest roads, a person must not operate an off-highway vehicle on state forest
46.5lands: (1) outside of the seasons prescribed under this paragraph; or (2) during the firearms
46.6deer hunting season in areas of the state where deer may be taken by rifle. This paragraph
46.7does not apply to a person in possession of a valid deer hunting license operating an
46.8off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
46.9 (b) The commissioner may designate and post winter trails on state forest lands
46.10for use by off-highway vehicles.
46.11 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
46.12the authority of the commissioner as defined in section89.001, subdivision 13 , and lands
46.13managed by the commissioner under section282.011 .
46.14EFFECTIVE DATE.This section is effective the day following final enactment.
46.15 Sec. 8. Minnesota Statutes 2008, section 84.788, subdivision 2, is amended to read:
46.16 Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
46.17(1) owned and used by the United States, an Indian tribal government, the state,
46.18another state, or a political subdivision;
46.19(2) registered in another state or country that have not been within this state for
46.20more than 30 consecutive days; or
46.21(3) registered under chapter 168, when operated on forest roads to gain access to a
46.22state forest campground.
46.23 Sec. 9. Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is
46.24amended to read:
46.25 Subdivision 1. Prohibitions on youthful operators. (a)After January 1, 1995, A
46.26person less than 16 years of age operating an off-highway motorcycle on public lands
46.27or waters must possess a valid off-highway motorcycle safety certificate issued by the
46.28commissioner.
46.29(b) Except for operation on public road rights-of-way that is permitted under section
46.3084.795, subdivision 1
, a driver's license issued by the state or another state is required to
46.31operate an off-highway motorcycle along or on a public road right-of-way.
46.32(c) A person under 12 years of age may not:
46.33(1) make a direct crossing of a public road right-of-way;
46.34(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
47.1(3) operate an off-highway motorcycle on public lands or waters unless accompanied
47.2by a person 18 years of age or older or participating in an event for which the
47.3commissioner has issued a special use permit.
47.4(d) Except for public road rights-of-way of interstate highways, a person less than 16
47.5years of age may make a direct crossing of a public road right-of-way of a trunk, county
47.6state-aid, or county highway only if that person is accompanied by a person 18 years of
47.7age or older who holds a valid driver's license.
47.8(e) A person less than 16 years of age may operate an off-highway motorcycle on
47.9public road rights-of-way in accordance with section84.795, subdivision 1 , paragraph
47.10(a), only if that person is accompanied by a person 18 years of age or older who holds a
47.11valid driver's license.
47.12(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may
47.13operate an off-highway motorcycle on public lands or waters if the nonresident youth has
47.14in possession evidence of completing an off-road safety course offered by the Motorcycle
47.15Safety Foundation or another state as provided in section 84.791, subdivision 4.
47.16EFFECTIVE DATE.This section is effective the day following final enactment.
47.17 Sec. 10. Minnesota Statutes 2008, section 84.798, subdivision 2, is amended to read:
47.18 Subd. 2. Exemptions. Registration is not required for an off-road vehicle that is:
47.19(1) owned and used by the United States, an Indian tribal government, the state,
47.20another state, or a political subdivision; or
47.21(2) registered in another state or country and has not been in this state for more
47.22than 30 consecutive days.
47.23 Sec. 11. Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:
47.24 Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile,
47.25other than those used for an agricultural purpose, as defined in section84.92, subdivision
47.261c , or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as
47.27follows: $45 for three years and $4 for a duplicate or transfer.
47.28(b) The total registration fee for all snowmobiles owned by a dealer and operated for
47.29demonstration or testing purposes shall be $50 per year.
47.30(c) The total registration fee for all snowmobiles owned by a manufacturer and
47.31operated for research, testing, experimentation, or demonstration purposes shall be $150
47.32per year. Dealer and manufacturer registrations are not transferable.
47.33(d) The onetime fee for registration of an exempt snowmobile under subdivision
47.346a is $6.
48.1 Sec. 12. Minnesota Statutes 2008, section 84.82, subdivision 6, is amended to read:
48.2 Subd. 6. Exemptions. Registration is not required under this section for:
48.3 (1) a snowmobile owned and used by the United States, an Indian tribal government,
48.4another state, or a political subdivision thereof;
48.5 (2) a snowmobile registered in a country other than the United States temporarily
48.6used within this state;
48.7 (3) a snowmobile that is covered by a valid license of another state and has not been
48.8within this state for more than 30 consecutive days;
48.9 (4) a snowmobile used exclusively in organized track racing events;
48.10 (5) a snowmobile in transit by a manufacturer, distributor, or dealer;
48.11 (6) a snowmobile at least 15 years old in transit by an individual for use only on
48.12land owned or leased by the individual; or
48.13 (7) a snowmobile while being used to groom a state or grant-in-aid trail.
48.14 Sec. 13. Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision
48.15to read:
48.16 Subd. 6a. Exemption; collector unlimited snowmobile use. Snowmobiles may be
48.17issued an exempt registration if the machine is at least 25 years old. Exempt registration is
48.18valid from the date of issuance until ownership of the snowmobile is transferred. Exempt
48.19registrations are not transferable.
48.20 Sec. 14. Minnesota Statutes 2008, section 84.8205, subdivision 1, is amended to read:
48.21 Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a
48.22person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
48.23snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
48.24resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
48.25three-year snowmobile state trail sticker that is purchased at the time of snowmobile
48.26registration is $30. In addition to other penalties prescribed by law, a person in violation
48.27of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
48.28is valid from November 1 through June 30. Fees collected under this section, except for
48.29the issuing fee for licensing agents, shall be deposited in the state treasury and credited
48.30to the snowmobile trails and enforcement account in the natural resources fund and,
48.31except for the electronic licensing system commission established by the commissioner
48.32under section84.027 , subdivision 15, must be used for grants-in-aid, trail maintenance,
48.33grooming, and easement acquisition.
48.34 (b) A state trail sticker is not required under this section for:
49.1 (1) a snowmobile owned by the state or a political subdivision of the state that is
49.2registered under section84.82 , subdivision 5;
49.3 (2) a snowmobile that is owned and used by the United States, an Indian tribal
49.4government, another state, or a political subdivision thereof that is exempt from
49.5registration under section84.82 , subdivision 6;
49.6 (3) a collector snowmobile that is operated as provided in a special permit issued for
49.7the collector snowmobile under section84.82 , subdivision 7a;
49.8 (4) a person operating a snowmobile only on the portion of a trail that is owned by
49.9the person or the person's spouse, child, or parent; or
49.10 (5) a snowmobile while being used to groom a state or grant-in-aid trail.
49.11 (c) A temporary registration permit issued by a dealer under section84.82 ,
49.12subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
49.13included with the registration application fee.
49.14 Sec. 15. Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:
49.15 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
49.16all-terrain vehicle that has a total dry weight of less than900 1,000 pounds.
49.17 Sec. 16. Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:
49.18 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
49.19all-terrain vehicle that has a total dry weight of900 1,000 to 1,500 1,800 pounds.
49.20 Sec. 17. Minnesota Statutes 2009 Supplement, section 84.922, subdivision 1a, is
49.21amended to read:
49.22 Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are:
49.23 (1) vehicles owned and used by the United States, an Indian tribal government, the
49.24state, another state, or a political subdivision;
49.25 (2) vehicles registered in another state or country that have not been in this state for
49.26more than 30 consecutive days;
49.27(3) vehicles that:
49.28(i) are owned by a resident of another state or country that does not require
49.29registration of all-terrain vehicles;
49.30(ii) have not been in this state for more than 30 consecutive days; and
49.31(iii) are operated on state and grant-in-aid trails by a nonresident possessing a
49.32nonresident all-terrain vehicle state trail pass;
49.33 (4) vehicles used exclusively in organized track racing events; and
50.1 (5) vehicles that are 25 years old or older and were originally produced as a separate
50.2identifiable make by a manufacturer.
50.3 Sec. 18. Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision
50.4to read:
50.5 Subd. 2b. Collector unlimited use; exempt registration. All-terrain vehicles may
50.6be issued an exempt registration if requested and the machine is at least 25 years old.
50.7Exempt registration is valid from the date of issuance until ownership of the all-terrain
50.8vehicle is transferred. Exempt registrations are not transferable.
50.9 Sec. 19. Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:
50.10 Subd. 5. Fees for registration. (a) The fee for a three-year registration of
50.11an all-terrain vehicle under this section, other than those registered by a dealer or
50.12manufacturer under paragraph (b) or (c), is:
50.13 (1) for public use, $45;
50.14 (2) for private use, $6; and
50.15 (3) for a duplicate or transfer, $4.
50.16 (b) The total registration fee for all-terrain vehicles owned by a dealer and operated
50.17for demonstration or testing purposes is $50 per year. Dealer registrations are not
50.18transferable.
50.19 (c) The total registration fee for all-terrain vehicles owned by a manufacturer and
50.20operated for research, testing, experimentation, or demonstration purposes is $150 per
50.21year. Manufacturer registrations are not transferable.
50.22 (d) The onetime fee for registration of an all-terrain vehicle under subdivision 2b
50.23is $6.
50.24(e) The fees collected under this subdivision must be credited to the all-terrain
50.25vehicle account.
50.26 Sec. 20. Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:
50.27 Subdivision 1. Program established. (a) The commissioner shall establish a
50.28comprehensive all-terrain vehicle environmental and safety education and training
50.29program, including the preparation and dissemination of vehicle information and safety
50.30advice to the public, the training of all-terrain vehicle operators, and the issuance of
50.31all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
50.32successfully complete the all-terrain vehicle environmental and safety education and
50.33training course.
51.1(b) For the purpose of administering the program and to defray a portion of the
51.2expenses of training and certifying vehicle operators, the commissioner shall collect a fee
51.3of $15 from each person who receives the training. The commissioner shall collect a fee,
51.4to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
51.5safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
51.6vehicle safety certificate that neither significantly overrecovers nor underrecovers costs,
51.7including overhead costs, involved in providing the service. Fee proceeds, except for the
51.8issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain
51.9vehicle account in the natural resources fund. In addition to the fee established by the
51.10commissioner, instructors may charge each personthe cost of up to the established fee
51.11amount for classmaterial materials and expenses.
51.12(c) The commissioner shall cooperate with private organizations and associations,
51.13private and public corporations, and local governmental units in furtherance of the program
51.14established under this section. School districts may cooperate with the commissioner
51.15and volunteer instructors to provide space for the classroom portion of the training. The
51.16commissioner shall consult with the commissioner of public safety in regard to training
51.17program subject matter and performance testing that leads to the certification of vehicle
51.18operators. By June 30, 2003, the commissioner shall incorporate a riding component in
51.19the safety education and training program.
51.20 Sec. 21. Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:
51.21 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on
51.22public road rights-of-way that is permitted under section84.928 , a driver's license issued
51.23by the state or another state is required to operate an all-terrain vehicle along or on a
51.24public road right-of-way.
51.25 (b) A person under 12 years of age shall not:
51.26 (1) make a direct crossing of a public road right-of-way;
51.27 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
51.28 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
51.29paragraph (f).
51.30 (c) Except for public road rights-of-way of interstate highways, a person 12 years
51.31of age but less than 16 years may make a direct crossing of a public road right-of-way
51.32of a trunk, county state-aid, or county highway or operate on public lands and waters or
51.33state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
51.34certificate issued by the commissioner and is accompaniedon another all-terrain vehicle
51.35by a person 18 years of age or older who holds a valid driver's license.
52.1 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
52.2old, but less than 16 years old, must:
52.3 (1) successfully complete the safety education and training program under section
52.484.925, subdivision 1
, including a riding component; and
52.5 (2) be able to properly reach and control the handle bars and reach the foot pegs
52.6while sitting upright on the seat of the all-terrain vehicle.
52.7 (e) A person at least 11 years of age may take the safety education and training
52.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
52.9the certificate is not valid until the person reaches age 12.
52.10 (f) A person at least ten years of age but under 12 years of age may operate an
52.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
52.12accompanied by a parent or legal guardian.
52.13 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
52.14 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
52.15lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
52.16control the handle bars and reach the foot pegs while sitting upright on the seat of the
52.17all-terrain vehicle.
52.18(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
52.1916 years old, may make a direct crossing of a public road right-of-way of a trunk, county
52.20state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
52.21or state or grant-in-aid trails if:
52.22(1) the nonresident youth has in possession evidence of completing an all-terrain
52.23safety course offered by the ATV Safety Institute or another state as provided in section
52.2484.925, subdivision 3; and
52.25(2) the nonresident youth is accompanied by a person 18 years of age or older who
52.26holds a valid driver's license.
52.27EFFECTIVE DATE.This section is effective the day following final enactment.
52.28 Sec. 22. Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is
52.29amended to read:
52.30 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an all-terrain
52.31vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
52.32nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
52.33be available for inspection by a peace officer, a conservation officer, or an employee
52.34designated under section84.0835 .
53.1(b) The commissioner of natural resources shall issue a pass upon application and
53.2payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
53.3collected under this section, except for the issuing fee for licensing agents, shall be
53.4deposited in the state treasury and credited to the all-terrain vehicle account in the natural
53.5resources fund and, except for the electronic licensing system commission established by
53.6the commissioner under section84.027 , subdivision 15, must be used for grants-in-aid to
53.7counties and municipalities for all-terrain vehicle organizations to construct and maintain
53.8all-terrain vehicle trails and use areas.
53.9 (c) A nonresident all-terrain vehicle state trail pass is not required for:
53.10 (1) an all-terrain vehicle that is owned and used by the United States, another state,
53.11or a political subdivision thereof that is exempt from registration under section84.922 ,
53.12subdivision 1a;or
53.13 (2) a person operating an all-terrain vehicle only on the portion of a trail that is
53.14owned by the person or the person's spouse, child, or parent.; or
53.15(3) a nonresident operating an all-terrain vehicle that is registered according to
53.16section 84.922.
53.17EFFECTIVE DATE.This section is effective the day following final enactment.
53.18 Sec. 23. Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is
53.19amended to read:
53.20 Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise
53.21allowed in sections84.92 to
84.928 , a person shall not operate an all-terrain vehicle in
53.22this state along or on the roadway, shoulder, or inside bank or slope of a public road
53.23right-of-way of a trunk, county state-aid, or county highway.
53.24 (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
53.25bank or slope of a trunk, county state-aid, or county highway unless prohibited under
53.26paragraph (d) or (f).
53.27 (c) A person may operate a class 2 all-terrain vehicle within the public road
53.28right-of-way of a county state-aid or county highway on the extreme right-hand side of
53.29the road and left turns may be made from any part of the road if it is safe to do so under
53.30the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
53.31operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
53.32designated class 2 all-terrain vehicle trail.
53.33 (d) A road authority as defined under section160.02, subdivision 25 , may after a
53.34public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
53.35its jurisdiction.
54.1 (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
54.2operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
54.3bank or slope of a trunk, interstate, county state-aid, or county highway:
54.4(1) that is part of a funded grant-in-aid trail; or
54.5(2) when the all-terrain vehicle is:
54.6(1) owned by or operated under contract with a publicly or privately owned utility
54.7or pipeline company; and
54.8(2) used for work on utilities or pipelines.
54.9 (f) The commissioner may limit the use of a right-of-way for a period of time if the
54.10commissioner determines that use of the right-of-way causes:
54.11 (1) degradation of vegetation on adjacent public property;
54.12 (2) siltation of waters of the state;
54.13 (3) impairment or enhancement to the act of taking game; or
54.14 (4) a threat to safety of the right-of-way users or to individuals on adjacent public
54.15property.
54.16 The commissioner must notify the road authority as soon as it is known that a closure
54.17will be ordered. The notice must state the reasons and duration of the closure.
54.18 (g) A person may operate an all-terrain vehicle registered for private use and used
54.19for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
54.20county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
54.21side of the road, and left turns may be made from any part of the road if it is safe to do so
54.22under the prevailing conditions.
54.23 (h) A person shall not operate an all-terrain vehicle within the public road
54.24right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
54.25the agricultural zone unless the vehicle is being used exclusively as transportation to and
54.26from work on agricultural lands. This paragraph does not apply to an agent or employee
54.27of a road authority, as defined in section160.02, subdivision 25 , or the Department of
54.28Natural Resources when performing or exercising official duties or powers.
54.29 (i) A person shall not operate an all-terrain vehicle within the public road
54.30right-of-way of a trunk, county state-aid, or county highway between the hours of one-half
54.31hour after sunset to one-half hour before sunrise, except on the right-hand side of the
54.32right-of-way and in the same direction as the highway traffic on the nearest lane of the
54.33adjacent roadway.
54.34 (j) A person shall not operate an all-terrain vehicle at any time within the
54.35right-of-way of an interstate highway or freeway within this state.
55.1 Sec. 24. Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:
55.2 Subd. 5. Organized contests, use of highways and public lands and waters. (a)
55.3Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the
55.4right-of-way of a state trunk or county state-aid highway or upon public lands or waters
55.5under the jurisdiction of the commissioner of natural resources, in an organized contest or
55.6event, subject to the consent of the official or board having jurisdiction over the highway
55.7or public lands or waters.
55.8(b) In permitting the contest or event, the official or board having jurisdiction may
55.9prescribe restrictions or conditions as they may deem advisable.
55.10(c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under
55.1112 years of age may operate an all-terrain vehicle in an organized contest on public lands
55.12or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person
55.13complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised
55.14by a person 18 years of age or older.
55.15EFFECTIVE DATE.This section is effective the day following final enactment.
55.16 Sec. 25. Minnesota Statutes 2008, section 84D.10, is amended by adding a subdivision
55.17to read:
55.18 Subd. 4. Persons leaving public waters. (a) A person leaving waters of the state
55.19must drain boating-related equipment holding water and live wells and bilges by removing
55.20the drain plug before transporting the watercraft and associated equipment on public
55.21roads. Drain plugs, bailers, valves, or other devices used to control the draining of water
55.22from ballast tanks, bilges, and live wells must be removed or opened while transporting
55.23watercraft on a public road. Marine sanitary systems and portable bait containers are
55.24excluded from this requirement. A person must not dispose of bait in waters of the state.
55.25(b) The commissioner shall report, by January 15 of each odd-numbered year, to
55.26the chairs and ranking minority members of the house of representatives and senate
55.27committees and divisions having jurisdiction over water resources policy and finance. The
55.28report shall advise the legislature on additional measures to protect state water resources
55.29from human transport of invasive species.
55.30 Sec. 26. Minnesota Statutes 2008, section 84D.13, subdivision 5, is amended to read:
55.31 Subd. 5. Civil penalties. A civil citation issued under this section must impose
55.32the following penalty amounts:
56.1(1) for transporting aquatic macrophytes on a forest road as defined by section
56.289.001, subdivision 14
, road or highway as defined by section
160.02, subdivision 26 , or
56.3any other public road, $50;
56.4(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
56.5aquatic plant harvesting equipment that has aquatic macrophytes attached, $100;
56.6(3) for unlawfully possessing or transporting a prohibited invasive species other
56.7than an aquatic macrophyte, $250;
56.8(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or
56.9aquatic plant harvesting equipment that has prohibited invasive species attached when
56.10the waters are not designated by the commissioner as being infested with that invasive
56.11species, $500 for the first offense and $1,000 for each subsequent offense;
56.12(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
56.13prescribed by rule, Eurasian water milfoil, $100;
56.14(6) for failing to drain water, as required by rule, for infested waters and from
56.15watercraft and equipment, other than marine sanitary systems and portable bait containers
56.16 before leavingdesignated zebra mussel, spiny water flea, or other invasive plankton
56.17infested waters of the state, $50; and
56.18(7) for transporting infested water off riparian property without a permit as required
56.19by rule, $200.
56.20 Sec. 27. Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is
56.21amended to read:
56.22 Subd. 13. Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton,
56.23Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St.
56.24Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
56.25McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
56.26Itasca County and there terminate;
56.27(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
56.28and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
56.29Marais in Cook County, thence northeasterly to the international boundary in the vicinity
56.30of the north shore of Lake Superior, and there terminate;
56.31(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
56.32in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
56.33to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
56.34Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
56.35Louis County to International Falls in Koochiching County, and there terminate;
57.1(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and
57.2extend southerly to St. Croix State Forest in Pine County.
57.3(b) The trails shall be developed primarily for riding and hiking.
57.4(c) In addition to the authority granted in subdivision 1, lands and interests in lands
57.5for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
57.6any land or interest in land by eminent domain the commissioner of administration shall
57.7obtain the approval of the governor. The governor shall consult with the Legislative
57.8Advisory Commission before granting approval. Recommendations of the Legislative
57.9Advisory Commission shall be advisory only. Failure or refusal of the commission to
57.10make a recommendation shall be deemed a negative recommendation.
57.11 Sec. 28. Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:
57.12 Subd. 14. Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
57.13Carlton, and Washington Counties. (a) The trail shall consist of six segments. One
57.14segment shall be known as the Gateway Trail and shall originate at the State Capitol
57.15and extend northerly and northeasterly to William O'Brien State Park, thence northerly
57.16to Taylors Falls in Chisago County. One segment shallbe known as the Boundary Trail
57.17and shall originate in Chisago County and extend into Duluth in St. Louis Hinckley in
57.18Pine County. One segment shall be known as the Browns Creek Trail and shall originate
57.19at Duluth Junction and extend into Stillwater in Washington County. One segment shall
57.20be known as the Munger Trail and shall originate at Hinckley in Pine County and extend
57.21through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall
57.22be known as the Alex Laveau Trail and shall originate in Carlton County at Carlton and
57.23extend through Wrenshall to the Minnesota-Wisconsin border. One segment shall be
57.24established that extends the trail to include the cities of Proctor, Duluth, and Hermantown
57.25in St. Louis County.
57.26 (b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
57.27and nonmotorized riding and the remaining trails shall be developed primarily for riding
57.28and hiking.
57.29 (c) In addition to the authority granted in subdivision 1, lands and interests in lands
57.30for the Gateway and Browns Creek Trails may be acquired by eminent domain.
57.31 Sec. 29. Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read:
57.32 Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
57.33services within a state park, state recreation area, or wayside, and for special state park
58.1uses under this section shall be deposited in the natural resources fund and credited to a
58.2state parks account.
58.3(b) Gross receipts derived from sales, rentals, or leases of natural resources within
58.4state parks, recreation areas, and waysides, other than those on trust fund lands, must be
58.5deposited in the state treasury and credited to thegeneral fund state parks working capital
58.6account. The appropriation under section 85.22 for revenue deposited in this section is
58.7limited to $25,000 per fiscal year.
58.8(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
58.9materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
58.10Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
58.11from which the purchase of the stockpile material was made.
58.12EFFECTIVE DATE.This section is effective July 1, 2011.
58.13 Sec. 30. Minnesota Statutes 2009 Supplement, section 85.053, subdivision 10, is
58.14amended to read:
58.15 Subd. 10. Free entrance;totally and permanently disabled veterans. The
58.16commissioner shall issue an annual park permit for no charge to any veteran with a total
58.17and permanent service-connected disability, and a daily park permit to any resident
58.18veteran with any level of service-connected disability, as determined by the United States
58.19Department of Veterans Affairs, who presents each year a copy oftheir the veteran's
58.20determination letter to a park attendant or commissioner's designee. For the purposes of
58.21this section, "veteran" has the meaning given in section197.447 .
58.22EFFECTIVE DATE.This section is effective July 1, 2010.
58.23 Sec. 31. Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:
58.24 Subd. 5. Exemption. Purchases for resale or rental made from the state parks
58.25working capitalfund account are exempt from competitive bidding, notwithstanding
58.26chapter 16C.
58.27 Sec. 32. Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:
58.28 Subdivision 1. Areas marked. The commissioner of natural resources is authorized
58.29in cooperation with local units of government and private individuals and groups when
58.30feasible to markcanoe and boating routes state water trails on the Little Fork, Big Fork,
58.31Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines,
58.32Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre
59.1within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in
59.2Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North,
59.3Sauk, Otter Tail, Redwood, Blue Earth, and Crow Rivers which have historic and scenic
59.4values and to mark appropriately points of interest, portages, camp sites, and all dams,
59.5rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe,
59.6kayak, and watercraft travelers.
59.7 Sec. 33. Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read:
59.8 Subd. 3. Exemptions. (a) Participants in cross-country ski racesand official school
59.9activities and residents of a state or local government operated correctional facility are
59.10exempt from the pass requirement in subdivision 1 if a special use permit has been
59.11obtained by the organizers of the event or those in an official capacity in advance from the
59.12agency with jurisdiction over the cross-country ski trail. Permits shall require that permit
59.13holders return the trail and any associated facility to its original condition if any damage
59.14is done by the permittee. Limited permits for special events may be issued and shall
59.15require the removal of any trail markers, banners, and other material used in connection
59.16with the special event.
59.17(b) Unless otherwise exempted under paragraph (a), students, teachers, and
59.18supervising adults engaged in school-sanctioned activities or youth activities sponsored by
59.19a nonprofit organization are exempt from the pass requirements in subdivision 1.
59.20(c) A resident that is in the armed forces of the United States, stationed outside of
59.21the state, and in the state on leave is exempt from the pass requirement in subdivision 1 if
59.22the resident possesses official military leave papers.
59.23(d) A resident who has served at any time during the preceding 24 months in federal
59.24active service, as defined in section 190.05, subdivision 5c, outside the United States as
59.25a member of the National Guard, or as a reserve component or active duty member of
59.26the United Stated armed forces and has been discharged from active service is exempt
59.27from the pass requirement in subdivision 1 if the resident possesses official military
59.28discharge papers.
59.29 Sec. 34. Minnesota Statutes 2008, section 85.42, is amended to read:
59.3085.42 USER FEE; VALIDITY.
59.31(a) The fee for an annual cross-country ski pass is$14 $19 for an individual age 16
59.32and over. The fee for a three-year pass is$39 $54 for an individual age 16 and over. This
59.33fee shall be collected at the time the pass is purchased. Three-year passes are valid for
60.1three years beginning the previous July 1. Annual passes are valid for one year beginning
60.2the previous July 1.
60.3(b) The cost for a daily cross-country skier pass is$4 $5 for an individual age 16 and
60.4over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
60.5only for the date designated on the pass form.
60.6(c) A pass must be signed by the skier across the front of the pass to be valid and
60.7becomes nontransferable on signing.
60.8 Sec. 35. Minnesota Statutes 2008, section 85.43, is amended to read:
60.985.43 DISPOSITION OF RECEIPTS; PURPOSE.
60.10(a) Fees from cross-country ski passes shall be deposited in the state treasury and
60.11credited to a cross-country ski account in the natural resources fund and, except for the
60.12electronic licensing system commission established by the commissioner under section
60.1384.027, subdivision 15
, are appropriated to the commissioner of natural resources for
60.14the following purposes:
60.15(1) grants-in-aid for cross-country ski trailssponsored by local units of government
60.16to:
60.17(i) counties and municipalities for construction and maintenance of cross-country
60.18ski trails; and
60.19(ii) special park districts as provided in section85.44 for construction and
60.20maintenance of cross-country ski trails; and
60.21(2) administration of the cross-country ski trail grant-in-aid program.
60.22(b) Development and maintenance of state cross-country ski trails are eligible for
60.23funding from the cross-country ski account if the money is appropriated by law.
60.24 Sec. 36. Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter
60.2537, article 1, sections 22 to 24, is amended to read:
60.2685.46 HORSETRAIL PASS.
60.27 Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while
60.28riding, leading, or driving a horseon horse trails and associated day use areas on state
60.29trails, in state parks, in state recreation areas, and in state forests, on lands administered by
60.30the commissioner, except forest roads and forest roads rights-of-way, a person 16 years of
60.31age or over shall carry in immediate possession a valid horsetrail pass. The pass must
60.32be available for inspection by a peace officer, a conservation officer, or an employee
60.33designated under section84.0835 .
61.1 (b) A valid horsetrail pass is not required under this section for a person riding,
61.2leading, or driving a horseonly on the portion of a horse trail property that is owned by
61.3the person or the person's spouse, child, parent, or guardian.
61.4 Subd. 2. License agents. (a) The commissioner of natural resources may appoint
61.5agents to issue and sell horsetrail passes. The commissioner may revoke the appointment
61.6of an agent at any time.
61.7(b) The commissioner may adopt additional rules as provided in section97A.485 ,
61.8subdivision 11. An agent shall observe all rules adopted by the commissioner for the
61.9accounting and handling of passes according to section97A.485 , subdivision 11.
61.10(c) An agent must promptly deposit and remit all money received from the sale of
61.11passes, except issuing fees, to the commissioner.
61.12 Subd. 3. Issuance. The commissioner of natural resources and agents shall issue
61.13and sell horsetrail passes. The pass shall include the applicant's signature and other
61.14information deemed necessary by the commissioner. To be valid, a daily or annual pass
61.15must be signed by the person riding, leading, or driving the horse, and a commercial
61.16annual pass must be signed by the owner of the commercialtrail riding facility.
61.17 Subd. 4. Pass fees. (a) The fee for an annual horsetrail pass is $20 for an individual
61.1816 years of age and over. The fee shall be collected at the time the pass is purchased.
61.19Annual passes are valid for one year beginning January 1 and ending December 31.
61.20(b) The fee for a daily horsetrail pass is $4 for an individual 16 years of age and
61.21over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
61.22only for the date designated on the pass form.
61.23(c) The fee for a commercial annual horsetrail pass is $200 and includes issuance
61.24of 15 passes. Additional or individual commercial annual horsetrail passes may be
61.25purchased by the commercialtrail riding facility owner at a fee of $20 each. Commercial
61.26annual horsetrail passes are valid for one year beginning January 1 and ending December
61.2731 and may be affixed to the horse tack, saddle, or person. Commercial annual horsetrail
61.28passes are not transferable to another commercialtrail riding facility. For the purposes of
61.29this section, a "commercialtrail riding facility" is an operation where horses are used for
61.30riding instruction or other equestrian activities for hire or use by others.
61.31 Subd. 5. Issuing fee. In addition to the fee for a horsetrail pass, an issuing fee of
61.32$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
61.33Issuing fees for passes sold by the commissioner of natural resources shall be deposited
61.34in the state treasury and credited to the horsetrail pass account in the natural resources
61.35fund and are appropriated to the commissioner for the operation of the electronic licensing
61.36system. A pass shall indicate the amount of the fee that is retained by the seller.
62.1 Subd. 6. Disposition of receipts. Fees collected under this section, except for
62.2the issuing fee, shall be deposited in the state treasury and credited to the horsetrail
62.3pass account in the natural resources fund. Except for the electronic licensing system
62.4commission established by the commissioner under section84.027 , subdivision 15, the
62.5fees are appropriated to the commissioner of natural resources for trail acquisition, trail and
62.6facility development, and maintenance, enforcement, and rehabilitation of horse trails or
62.7trails authorized for horse use, whether for riding, leading, or driving, onstate trails and in
62.8state parks, state recreation areas, and state forests land administered by the commissioner.
62.9 Subd. 7. Duplicate horsetrail passes. The commissioner of natural resources and
62.10agents shall issue a duplicate pass to a person or commercialtrail riding facility owner
62.11whose pass is lost or destroyed using the process established under section97A.405 ,
62.12subdivision 3, and rules adopted thereunder. The fee for a duplicate horsetrail pass is $2,
62.13with an issuing fee of 50 cents.
62.14 Sec. 37. Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is
62.15amended to read:
62.16 Subdivision 1. Master plan required. No construction of new facilities or other
62.17development of an authorized unit, other than repairs and maintenance, shall commence
62.18until the managing agency has prepared and submitted to the commissioner of natural
62.19resources and the commissioner has reviewed, pursuant to this section, a master plan for
62.20administration of the unit in conformity with this section. No master plan is required for
62.21wildlife management areas that do not have resident managers, for scientific and natural
62.22areas, for water access sites, for aquatic management areas, for rest areas, or for boater
62.23waysides.
62.24 Sec. 38. Minnesota Statutes 2008, section 86B.301, subdivision 2, is amended to read:
62.25 Subd. 2. Exemptions. A watercraft license is not required for:
62.26(1) a watercraft that is covered by a license or number in full force and effect under
62.27federal law or a federally approved licensing or numbering system of another state, and
62.28has not been within this state for more than 90 consecutive days, which does not include
62.29days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
62.30port or another port in the state;
62.31(2) a watercraft from a country other than the United States that has not been
62.32within this state for more than 90 consecutive days, which does not include days that a
62.33watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another
62.34port in the state;
63.1(3) a watercraft owned by the United States, an Indian tribal government, a state, or
63.2a political subdivision of a state, except watercraft used for recreational purposes;
63.3(4) a ship's lifeboat;
63.4(5) a watercraft that has been issued a valid marine document by the United States
63.5government;
63.6(6) a duck boat during duck hunting season;
63.7(7) a rice boat during the harvest season;
63.8(8) a seaplane; and
63.9(9) a nonmotorized watercraft nine feet in length or less.
63.10EFFECTIVE DATE.This section is effective the day following a notice published
63.11in the State Register by the commissioner of natural resources that the change in clause
63.12(3) has been approved by the United States Coast Guard pursuant to Code of Federal
63.13Regulations, title 33, section 174.7.
63.14 Sec. 39. Minnesota Statutes 2008, section 86B.501, is amended by adding a
63.15subdivision to read:
63.16 Subd. 4. Rowing team members; personal flotation devices. Notwithstanding
63.17subdivision 1, a member of a rowing team that is sanctioned by an academic or nonprofit
63.18entity is not required to wear or possess, and no local ordinance or rule may require a
63.19member of a rowing team to wear or possess, a personal flotation device in a racing shell
63.20if a chase boat carrying the devices prescribed under subdivision 1 accompanies the racing
63.21shell. The requirement for a chase boat does not apply on waters where it is preempted by
63.22federal regulations.
63.23EFFECTIVE DATE.This section is effective the day following final enactment.
63.24 Sec. 40. Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read:
63.25 Subdivision 1.Permit Permission required. (a) A permit Permission to start a fire
63.26to burn vegetative materials and other materials allowed by Minnesota Statutes or official
63.27state rules and regulations may be given by the commissioner or the commissioner's agent.
63.28This permission shall be in the form of:
63.29(1) a written permit issued by a forest officer, fire warden, or other person authorized
63.30by the commissioner;or
63.31(2) an electronic permit issued by the commissioner, an agent authorized by the
63.32commissioner, or an Internet site authorized by the commissioner; or
64.1(3) a general permit adopted by the county board of commissioners according to
64.2paragraph (c).
64.3(b) Written and electronic burning permits shall set the time and conditions by which
64.4the fire may be started and burned. The permit shall also specifically list the materials that
64.5may be burned. The permittee must have the permit on their person and shall produce
64.6the permit for inspection when requested to do so by a forest officer, conservation officer,
64.7or other peace officer. The permittee shall remain with the fire at all times and before
64.8leaving the site shall completely extinguish the fire. A person shall not start or cause a
64.9fire to be started on any land that is not owned or under their legal control without the
64.10written permission of the owner, lessee, or an agent of the owner or lessee of the land.
64.11Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be
64.12cause for the permit to be revoked.
64.13(c) A general burning permit may be adopted by the county board of commissioners
64.14in counties that are determined by the commissioner either to not be wildfire areas as
64.15defined in section 88.01, subdivision 6, or to otherwise have low potential for damage
64.16to life and property from wildfire. The commissioner shall consider the history of and
64.17potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative
64.18material; and the distribution of property subject to damage from escaped fires. Upon a
64.19determination by the commissioner and adoption by a vote of the county board, permission
64.20for open burning is extended to all residents in the county without the need for individual
64.21written or electronic permits under this subdivision, provided burning conforms to all
64.22other provisions of this chapter, including those related to responsibility to control and
64.23extinguish fires, no burning of prohibited materials, and liability for damages caused by
64.24violations of this chapter.
64.25(d) Upon adoption of a general burning permit, a county must establish specific
64.26regulations by ordinance, to include at a minimum the time when and conditions under
64.27which fires may be started and burned. No ordinance may be less restrictive than state law.
64.28(e) At any time when the commissioner or the county board determines that a general
64.29burning permit is no longer in the public interest, the general permit may be canceled
64.30by the commissioner or the county board.
64.31 Sec. 41. Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read:
64.32 Subd. 3. Special permits. The following special permits are required at all times,
64.33including when the ground is snow-covered:
64.34(a) Fire training. A permit to start a fire for the instruction and training of
64.35firefighters, including liquid fuels training, may be given by the commissioner or agent of
65.1the commissioner. Except for owners or operators conducting fire training in specialized
65.2industrial settings pursuant to applicable federal, state, or local standards, owners
65.3or operators conducting open burning for the purpose of instruction and training of
65.4firefighters with regard to structures must follow the techniques described in a document
65.5entitled: Structural Burn Training Procedures for the Minnesota Technical College System.
65.6(b) Permanent tree and brush open burning sites. A permit for the operation of
65.7a permanent tree and brush burning site may be given by the commissioner or agent of
65.8the commissioner. Applicants for a permanent open burning site permit shall submit a
65.9complete application on a form provided by the commissioner. Existing permanent tree
65.10and brush open burning sites must submit for a permit within 90 days of the passage of
65.11this statute for a burning permit. New site applications must be submitted at least 90
65.12days before the date of the proposed operation of the permanent open burning site. The
65.13application must be submitted to the commissioner and must contain:
65.14(1) the name, address, and telephone number of all owners of the site proposed for
65.15use as the permanent open burning site;
65.16(2) if the operator for the proposed permanent open burning site is different from the
65.17owner, the name, address, and telephone number of the operator;
65.18(3) a general description of the materials to be burned, including the source and
65.19estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation,
65.20and provisions for smoke management; and
65.21(4) a topographic or similarly detailed map of the site and surrounding area within
65.22a one mile circumference showing all structures that might be affected by the operation
65.23of the site.
65.24Only trees, tree trimmings, or brush that cannot be disposed of by an alternative
65.25method such as chipping, composting, or other method shall be permitted to be burned
65.26at a permanent open burning site. A permanent tree and brush open burning site must
65.27be located and operated so as not to create a nuisance or endanger water quality. The
65.28commissioner shall revoke the permit or order actions to mitigate threats to public health,
65.29safety, and the environment in the event that permit conditions are violated.
65.30 Sec. 42. Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read:
65.31 Subd. 2. Charge for service; receipts to special revenue fund. Notwithstanding
65.32section 16A.1283, the commissioner of natural resources maycharge the owner, by
65.33written order published in the State Register, establish fees the commissioner determines
65.34to be fair and reasonable that are charged to owners receivingsuch services such sums
65.35as the commissioner shall determine to be fair and reasonable under subdivision 1. The
66.1charges must account for differences in the value of timber and other benefits. The receipts
66.2fromsuch the services shall be credited to the special revenue fund and are annually
66.3appropriated to the commissioner for the purposes specified in subdivision 1.
66.4 Sec. 43. Minnesota Statutes 2008, section 89.17, is amended to read:
66.589.17 LEASES AND PERMITS.
66.6Notwithstanding the permit procedures of chapter 90, the commissioner shall have
66.7power to grant and execute, in the name of the state, leases and permits for the use of
66.8any forest lands under the authority of the commissioner for any purpose which in the
66.9commissioner's opinion is not inconsistent with the maintenance and management of the
66.10forest lands, on forestry principles for timber production. Every such lease or permit shall
66.11be revocable at the discretion of the commissioner at any time subject to such conditions
66.12as may be agreed on in the lease. The approval of the commissioner of administration
66.13shall not be required upon any such lease or permit. No such lease or permit for a period
66.14exceedingten 21 years shall be granted except with the approval of the Executive Council.
66.15Hunting of wild game is prohibited on any land which has been posted by the lessee
66.16to prohibit hunting. Such prohibition shall apply to all persons including the lessee Public
66.17access to the leased land for outdoor recreation shall be the same as access would be
66.18under state management.
66.19 Sec. 44. Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision
66.20to read:
66.21 Subd. 9. Reoffering unsold timber. To maintain and enhance forest ecosystems on
66.22state forest lands, the commissioner may reoffer timber tracts remaining unsold under the
66.23provisions of section 90.101 below appraised value at public auction with the required
66.2430-day notice under section 90.101, subdivision 2.
66.25 Sec. 45. Minnesota Statutes 2008, section 90.121, is amended to read:
66.2690.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000
66.27CORDS.
66.28(a) The commissioner may sell the timber on any tract of state land in lots not
66.29exceeding 3,000 cords in volume, in the same manner as timber sold at public auction
66.30under section90.101 , and related laws, subject to the following special exceptions and
66.31limitations:
66.32(1) the commissioner shall offer all tracts authorized for sale by this section
66.33separately from the sale of tracts of state timber made pursuant to section90.101 ;
67.1(2) no bidder may be awarded more than 25 percent of the total tracts offered at the
67.2first round of bidding unless fewer than four tracts are offered, in which case not more
67.3than one tract shall be awarded to one bidder. Any tract not sold at public auction may be
67.4offered for private sale as authorized by section90.101, subdivision 1 , to persons eligible
67.5under this section at the appraised value; and
67.6(3) no sale may be made to a person having more than20 30 employees. For the
67.7purposes of this clause, "employee" means an individual working in the timber or wood
67.8products industry for salary or wages on a full-time or part-time basis.
67.9(b) The auction sale procedure set forth in this section constitutes an additional
67.10alternative timber sale procedure available to the commissioner and is not intended to
67.11replace other authority possessed by the commissioner to sell timber in lots of 3,000
67.12cords or less.
67.13(c) Another bidder or the commissioner may request that the number of employees a
67.14bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the
67.15bidder may be ineligible due to exceeding the employee threshold. The commissioner
67.16shall request information from the commissioners of labor and industry and employment
67.17and economic development including the premiums paid by the bidder in question
67.18for workers' compensation insurance coverage for all employees of the bidder. The
67.19commissioner shall review the information submitted by the commissioners of labor and
67.20industry and employment and economic development and make a determination based on
67.21that information as to whether the bidder is eligible. A bidder is considered eligible and
67.22may participate in intermediate auctions until determined ineligible under this paragraph.
67.23EFFECTIVE DATE.This section is effective retroactively from July 1, 2006.
67.24 Sec. 46. Minnesota Statutes 2008, section 90.14, is amended to read:
67.2590.14 AUCTION SALE PROCEDURE.
67.26(a) All state timber shall be offered and sold by the same unit of measurement as it
67.27was appraised. No tract shall be sold to any person other than the purchaser in whose name
67.28the bid was made. The commissioner may refuse to approve any and all bids received and
67.29cancel a sale of state timber for good and sufficient reasons.
67.30(b) The purchaser at any sale of timber shall, immediately upon the approval of the
67.31bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under
67.32section90.101, subdivision 1 , pay to the commissioner a down payment of 15 percent
67.33of the appraised value. In case any purchaser fails to make such payment, the purchaser
67.34shall be liable therefor to the state in a civil action, and the commissioner may reoffer the
68.1timber for sale as though no bid or sale under section90.101, subdivision 1 , therefor
68.2had been made.
68.3(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
68.4state timber may, at the time of payment by the purchaser to the commissioner of 15
68.5percent of the appraised value, elect in writing on a form prescribed by the attorney
68.6general to purchase a permit based solely on the appraiser's estimate of the volume of
68.7timber described in the permit, provided that the commissioner has expressly designated
68.8the availability of such option for that tract on the list of tracts available for sale as
68.9required under section90.101 . A purchaser who elects in writing on a form prescribed
68.10by the attorney general to purchase a permit based solely on the appraiser's estimate of
68.11the volume of timber described on the permit does not have recourse to the provisions
68.12of section90.281 .
68.13(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall
68.14be awarded to the high bidder, who shall pay to the commissioner a down payment of 15
68.15percent of the appraised valuewithin ten business days of receiving a written award
68.16notice that must be received or postmarked within 14 days of the date of the sealed bid
68.17opening. If a purchaser fails to make the down payment, the purchaser is liable for the
68.18down payment to the state and the commissioner may offer the timber for sale to the next
68.19highest bidder as though no higher bid had been made.
68.20(e) Except as otherwise provided by law, at the time the purchaser signs a permit
68.21issued under section90.151 , the commissioner shall require the purchaser shall to make
68.22a bid guarantee payment to the commissioner in an amount equal to 15 percent of the
68.23total purchase price of the permit less the down payment amount required by paragraph
68.24(b) for any bid increase in excess of $5,000 of the appraised value. Ifthe a required bid
68.25guarantee payment is not submitted with the signed permit, no harvesting may occur, the
68.26permit cancels, and the down payment for timber forfeits to the state. The bid guarantee
68.27payment forfeits to the state if the purchaser and successors in interest fail to execute
68.28an effective permit.
68.29 Sec. 47. Minnesota Statutes 2008, section 97B.665, subdivision 2, is amended to read:
68.30 Subd. 2. Petition to district court. If a beaver dam causes a threat to personal
68.31safety or a serious threat to damage property,and a person cannot obtain consent under
68.32subdivision 1, a person may petition the district court for relief. The court may order the
68.33commissioner owners of private property where beaver dams are located to take action
68.34to reduce the threat. A permit is not required for an action ordered by the court. The
69.1action may include destruction or alteration of beaver dams and removal of beaver. This
69.2subdivision does not apply to state parks, state game refuges, and federal game refuges.
69.3 Sec. 48. [103A.212] WATERSHED MANAGEMENT POLICY.
69.4 The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes,
69.5streams, wetlands, and groundwater provide a foundation for drinking water and the state's
69.6recreational, municipal, commercial, industrial, agricultural, environmental, aesthetic, and
69.7economic well-being. The legislature finds that it is in the public interest to manage
69.8groundwater and surface water resources from the perspective of aquifers, watersheds,
69.9and river basins to achieve protection, preservation, enhancement, and restoration of the
69.10state's valuable groundwater and surface water resources.
69.11 Sec. 49. Minnesota Statutes 2008, section 103A.305, is amended to read:
69.12103A.305 JURISDICTION.
69.13Sections103A.301 to
103A.341 apply if the decision of an agency in a proceeding
69.14involves a question of water policy in one or more of the areas of water conservation, water
69.15pollution, preservation and management of wildlife, drainage, soil conservation, public
69.16recreation, forest management, and municipal planning under section97A.135 ;
103A.411 ;
69.17103E.011
;
103E.015 ;
103G.245 ;
103G.261 ;
103G.271 ;
103G.275 ;
103G.281 ;
103G.295,
69.18subdivisions 1 and 2
;
103G.287 ;
103G.297 to
103G.311 ;
103G.315, subdivisions 1, 10,
69.1911, and 12 ;
103G.401 ;
103G.405 ;
103I.681, subdivision 1 ;
115.04 ; or
115.05 .
69.20 Sec. 50. Minnesota Statutes 2008, section 103B.702, is amended by adding a
69.21subdivision to read:
69.22 Subd. 10. Decisions; review and approval. Decisions of the Star Lake Board
69.23regarding the criteria used to designate a lake or river as a "Minnesota Star Lake" or
69.24"Minnesota Star River," as well as a decision to award grants, are subject to the review
69.25and approval of the Board of Water and Soil Resources.
69.26 Sec. 51. Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:
69.27103G.201 PUBLIC WATERS INVENTORY.
69.28(a) The commissioner shall maintain a public waters inventory map of each county
69.29that shows the waters of this state that are designated as public waters under the public
69.30waters inventory and classification procedures prescribed under Laws 1979, chapter
69.31199, and shall provide access to a copy of the mapsand lists. As county public waters
70.1inventory mapsand lists are revised according to this section, the commissioner shall send
70.2a notification or a copy of the mapsand lists to the auditor of each affected county.
70.3(b) The commissioner is authorized to revise thelist map of public waters established
70.4under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
70.5identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
70.6wetlands under section103G.005, subdivision 19 . The commissioner may only reclassify
70.7public waters wetlands as public waters if:
70.8(1) they are assigned a shoreland management classification by the commissioner
70.9under sections103F.201 to
103F.221 ;
70.10(2) they are classified as lacustrine wetlands or deepwater habitats according to
70.11Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
70.12et al., 1979 edition); or
70.13(3) the state or federal government has become titleholder to any of the beds or
70.14shores of the public waters wetlands, subsequent to the preparation of the public waters
70.15inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
70.16responsible state or federal agency declares that the water is necessary for the purposes
70.17of the public ownership.
70.18(c) The commissioner must provide notice of the reclassification to the local
70.19government unit, the county board, the watershed district, if one exists for the area, and
70.20the soil and water conservation district. Within 60 days of receiving notice from the
70.21commissioner, a party required to receive the notice may provide a resolution stating
70.22objections to the reclassification. If the commissioner receives an objection from a party
70.23required to receive the notice, the reclassification is not effective. If the commissioner does
70.24not receive an objection from a party required to receive the notice, the reclassification
70.25of a wetland under paragraph (b) is effective 60 days after the notice is received by all
70.26of the parties.
70.27(d) The commissioner shall give priority to the reclassification of public waters
70.28wetlands that are or have the potential to be affected by public works projects.
70.29(e) The commissioner may revise the public waters inventory mapand list of each
70.30county:
70.31(1) to reflect the changes authorized in paragraph (b); and
70.32(2) as needed, to:
70.33(i) correct errors in the original inventory;
70.34(ii) add or subtract trout stream tributaries within sections that contain a designated
70.35trout stream following written notice to the landowner;
71.1(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
71.250 acres and the shoreland has been zoned for residential development; and
71.3(iv) add or subtract public waters that have been created or eliminated as a
71.4requirement of a permit authorized by the commissioner under section103G.245 .
71.5 Sec. 52. Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:
71.6 Subd. 3. Permit restriction during summer months. The commissioner must not
71.7modify or restrict the amount of appropriation from a groundwater source authorized in a
71.8water use permit issued to irrigate agricultural landunder section
103G.295, subdivision
71.92
, between May 1 and October 1, unless the commissioner determines the authorized
71.10amount of appropriation endangers a domestic water supply.
71.11 Sec. 53. [103G.282] MONITORING TO EVALUATE IMPACTS FROM
71.12APPROPRIATIONS.
71.13 Subdivision 1. Monitoring equipment. The commissioner may require the
71.14installation and maintenance of monitoring equipment to evaluate water resource impacts
71.15from permitted appropriations and proposed projects that require a permit. Monitoring for
71.16water resources that supply more than one appropriator must be designed to minimize
71.17costs to individual appropriators.
71.18 Subd. 2. Measuring devices required. Monitoring installations required under
71.19subdivision 1 must be equipped with automated measuring devices to measure water
71.20levels, flows, or conditions. The commissioner may determine the frequency of
71.21measurements and other measuring methods based on the quantity of water appropriated
71.22or used, the source of water, potential connections to other water resources, the method
71.23of appropriating or using water, seasonal and long-term changes in water levels, and any
71.24other facts supplied to the commissioner.
71.25 Subd. 3. Reports and costs. (a) Records of water measurements under subdivision
71.262 must be kept for each installation. The measurements must be reported annually to the
71.27commissioner on or before February 15 of the following year in a format or on forms
71.28prescribed by the commissioner.
71.29(b) The owner or person in charge of an installation for appropriating or using
71.30waters of the state or a proposal that requires a permit is responsible for all costs related
71.31to establishing and maintaining monitoring installations and to measuring and reporting
71.32data. Monitoring costs for water resources that supply more than one appropriator may be
71.33distributed among all users within a monitoring area determined by the commissioner and
71.34assessed based on volumes of water appropriated and proximity to resources of concern.
72.1 Sec. 54. Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:
72.2 Subd. 5. Trout streams. Permits issued after June 3, 1977, to appropriate water
72.3from streams designated trout streams by the commissioner's orders under section97C.021
72.497C.005 must be limited to temporary appropriations.
72.5 Sec. 55. [103G.287] GROUNDWATER APPROPRIATIONS.
72.6 Subdivision 1. Applications for groundwater appropriations. (a) Groundwater
72.7use permit applications are not complete until the applicant has supplied:
72.8(1) a water well record as required by section103I.205 , subdivision 9, information
72.9on the subsurface geologic formations penetrated by the well and the formation or aquifer
72.10that will serve as the water source, and geologic information from test holes drilled to
72.11locate the site of the production well;
72.12(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
72.13requested;
72.14(3) information on groundwater quality in terms of the measures of quality
72.15commonly specified for the proposed water use and details on water treatment necessary
72.16for the proposed use;
72.17(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
72.18or within the area of influence, as determined by the commissioner. The inventory must
72.19include information on well locations, depths, geologic formations, depth of the pump or
72.20intake, pumping and nonpumping water levels, and details of well construction; and
72.21(5) the results of an aquifer test completed according to specifications approved by
72.22the commissioner. The test must be conducted at the maximum pumping rate requested
72.23in the application and for a length of time adequate to assess or predict impacts to other
72.24wells and surface water and groundwater resources. The permit applicant is responsible
72.25for all costs related to the aquifer test, including the construction of groundwater and
72.26surface water monitoring installations, and water level readings before, during, and after
72.27the aquifer test.
72.28(b) The commissioner may waive an application requirement in this subdivision
72.29if the information provided with the application is adequate to determine whether the
72.30proposed appropriation and use of water is sustainable and will protect ecosystems, water
72.31quality, and the ability of future generations to meet their own needs.
72.32 Subd. 2. Relationship to surface water resources. Groundwater appropriations
72.33that have potential impacts to surface waters are subject to applicable provisions in
72.34section103G.285 .
73.1 Subd. 3. Protection of groundwater supplies. The commissioner may establish
73.2water appropriation limits to protect groundwater resources. When establishing water
73.3appropriation limits to protect groundwater resources, the commissioner must consider
73.4the sustainability of the groundwater resource, including the current and projected water
73.5levels, water quality, whether the use protects ecosystems, and the ability of future
73.6generations to meet their own needs.
73.7 Subd. 4. Groundwater management areas. The commissioner may designate
73.8groundwater management areas and limit total annual water appropriations and uses within
73.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water
73.10quality, and the ability of future generations to meet their own needs. Water appropriations
73.11and uses within a designated management area must be consistent with a plan approved by
73.12the commissioner that addresses water conservation requirements and water allocation
73.13priorities established in section103G.261 .
73.14 Subd. 5. Interference with other wells. The commissioner may issue water use
73.15permits for appropriation from groundwater only if the commissioner determines that the
73.16groundwater use is sustainable to supply the needs of future generations and the proposed
73.17use will not harm ecosystems, degrade water, or reduce water levels beyond the reach
73.18of public water supply and private domestic wells constructed according to Minnesota
73.19Rules, chapter 4725.
73.20 Sec. 56. Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:
73.21 Subd. 6. Filing application.(a) An application for a permit must be filed with the
73.22commissioner and if the proposed activity for which the permit is requested is within a
73.23municipality, or is within or affects a watershed district or a soil and water conservation
73.24district, a copy of the application with maps, plans, and specifications must be served on
73.25the mayor of the municipality, the secretary of the board of managers of the watershed
73.26district, and the secretary of the board of supervisors of the soil and water conservation
73.27district.
73.28(b) If the application is required to be served on a local governmental unit under
73.29this subdivision, proof of service must be included with the application and filed with
73.30the commissioner.
73.31 Sec. 57. Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:
73.32 Subd. 2. Exception. The requirements of subdivision 1 do not apply to applications
73.33for a water use permit for:
73.34(1)appropriations from waters of the state for irrigation, under section
103G.295;
74.1(2) appropriations for diversion from the basin of origin of more than 2,000,000
74.2gallons per day average in a 30-day period; or
74.3(3) (2) appropriations with a consumptive use of more than 2,000,000 gallons per
74.4day average for a 30-day period.
74.5 Sec. 58. Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
74.6read:
74.7 Subd. 11. Limitations on permits. (a) Except as otherwise expressly provided by
74.8law, a permit issued by the commissioner under this chapter is subject to:
74.9(1) cancellation by the commissioner at any time if necessary to protect the public
74.10interests;
74.11(2) further conditions on the term of the permit or its cancellation as the
74.12commissioner may prescribe and amend and reissue the permit; and
74.13(3) applicable law existing before or after the issuance of the permit.
74.14(b) Permits issued to irrigate agricultural landunder section
103G.295, or considered
74.15issued, are subject to this subdivision and are subject to cancellation by the commissioner
74.16upon the recommendation of the supervisors of the soil and water conservation district
74.17where the land to be irrigated is located.
74.18 Sec. 59. Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:
74.19 Subd. 5. Removal of hazardous dams. Notwithstanding any provision of
74.20this section or of section103G.511 relating to cost sharing or apportionment, the
74.21commissioner, within the limits of legislative appropriation, may assume or pay the entire
74.22cost of removal of a privately or publicly owned dam upon determining removal provides
74.23the lowest cost solution and:
74.24(1) that continued existence of the structure presents a significant public safety
74.25hazard, or prevents restoration of an important fisheries resource,; or
74.26(2) that public or private property is being damaged due to partial failure of the
74.27structure, and that an attempt to assess costs of removal against the private or public
74.28owner would be of no avail.
74.29 Sec. 60. Minnesota Statutes 2008, section 103G.615, subdivision 2, is amended to read:
74.30 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
74.31control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
74.32section16A.1283 does not apply, but the rule must not take effect until 45 legislative
74.33days after it has been reported to the legislature. The fees shall be based upon the cost
75.1of receiving, processing, analyzing, and issuing the permit, and additional costs incurred
75.2after the application to inspect and monitor the activities authorized by the permit, and
75.3enforce aquatic plant management rules and permit requirements.
75.4 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
75.5parcel of shoreline owned by an owner may be charged. This fee may not be charged for
75.6permits issued in connection with purple loosestrife control or lakewide Eurasian water
75.7milfoil control programs.
75.8 (c) A fee may not be charged to the state or a federal governmental agency applying
75.9for a permit.
75.10 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
75.11water basin that is 20 acres or less in size shall be one-half of the fee established under
75.12paragraph (a).
75.13(e) The money received for the permits under this subdivision shall be deposited in
75.14the treasury and credited to the water recreation account.
75.15EFFECTIVE DATE.This section is effective August 1, 2010.
75.16 Sec. 61. [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
75.17The commissioner of natural resources must not issue leases to remove sunken logs
75.18or issue permits for the removal of sunken logs from public waters.
75.19 Sec. 62. Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision
75.20to read:
75.21 Subd. 13. Subsurface sewage treatment systems implementation and
75.22enforcement task force. (a) By September 1, 2010, the agency shall appoint a subsurface
75.23sewage treatment systems implementation and enforcement task force in collaboration
75.24with the Association of Minnesota Counties, Minnesota Association of Realtors,
75.25Minnesota Association of County Planning and Zoning Administrators, and the Minnesota
75.26Onsite Wastewater Association. The agency shall work in collaboration with the task
75.27force to develop effective and timely implementation and enforcement methods in order to
75.28rapidly reduce the number of subsurface sewage treatment systems that are an imminent
75.29threat to public health or safety and effectively enforce all violations of the subsurface
75.30sewage treatment system rules. The agency shall meet at least three times per year with
75.31the task force to address implementation and enforcement issues. The meetings shall be
75.32scheduled so that they do not interfere with the construction season.
75.33(b) The agency, in collaboration with the task force and in consultation with the
75.34attorney general, county attorneys, and county planning and zoning staff, shall develop,
76.1periodically update, and provide to counties enforcement protocols and a checklist that
76.2county inspectors, field staff, and others may use when inspecting subsurface sewage
76.3treatment systems and enforcing subsurface sewage treatment system rules.
76.4EFFECTIVE DATE.This section is effective the day following final enactment.
76.5 Sec. 63. Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read:
76.6 Subd. 4. Rules and standards. (a) Pursuant and subject to the provisions of chapter
76.714, and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind
76.8rules and standards having the force of law relating to any purpose within the provisions
76.9of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution.
76.10Any such rule or standard may be of general application throughout the state, or may be
76.11limited as to times, places, circumstances, or conditions in order to make due allowance
76.12for variations therein. Without limitation, rules or standards may relate to sources or
76.13emissions of air contamination or air pollution, to the quality or composition of such
76.14emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or
76.15to any other matter relevant to the prevention, abatement, or control of air pollution.
76.16 (b) Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
76.17the Pollution Control Agency may adopt, amend, and rescind rules and standards having
76.18the force of law relating to any purpose within the provisions of Laws 1969, chapter
76.191046, for the collection, transportation, storage, processing, and disposal of solid waste
76.20and the prevention, abatement, or control of water, air, and land pollution which may be
76.21related thereto, and the deposit in or on land of any other material that may tend to cause
76.22pollution. The agency shall adopt such rules and standards for sewage sludge, addressing
76.23the intrinsic suitability of land, the volume and rate of application of sewage sludge of
76.24various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites.
76.25Any such rule or standard may be of general application throughout the state or may be
76.26limited as to times, places, circumstances, or conditions in order to make due allowance
76.27for variations therein. Without limitation, rules or standards may relate to collection,
76.28transportation, processing, disposal, equipment, location, procedures, methods, systems
76.29or techniques or to any other matter relevant to the prevention, abatement or control of
76.30water, air, and land pollution which may be advised through the control of collection,
76.31transportation, processing, and disposal of solid waste and sewage sludge, and the deposit
76.32in or on land of any other material that may tend to cause pollution. By January 1, 1983,
76.33the rules for the management of sewage sludge shall include an analysis of the sewage
76.34sludge determined by the commissioner of agriculture to be necessary to meet the soil
76.35amendment labeling requirements of section18C.215 .
77.1(c) The rules for the disposal of solid waste shall include site-specific criteria to
77.2prohibit solid waste disposal based on the area's sensitivity to groundwater contamination,
77.3including site-specific testing. The rules shall provide criteria for locating landfills
77.4based on a site's sensitivity to groundwater contamination. Sensitivity to groundwater
77.5contamination is based on the predicted minimum time of travel of groundwater
77.6contaminants from the solid waste to the compliance boundary. The rules shall prohibit
77.7landfills in areas where karst is likely to develop. The rules shall specify testable or
77.8otherwise objective thresholds for these criteria. The rules shall also include modifications
77.9to financial assurance requirements under subdivision 4h that ensure the state is protected
77.10from financial responsibility for future groundwater contamination. The modifications to
77.11the financial assurance rules specified in this paragraph must require that a solid waste
77.12disposal facility subject to them maintain financial assurance so long as the facility poses a
77.13potential environmental risk to human health, wildlife, or the environment, as determined
77.14by the agency following an empirical assessment. The financial assurance and siting
77.15modifications to the rules specified in this paragraph do not apply to:
77.16(1) solid waste facilities initially permitted before January 1, 2011, including future
77.17contiguous expansions and noncontiguous expansions within 600 yards of a permitted
77.18boundary;
77.19(2) solid waste disposal facilities that accept only construction and demolition debris
77.20and incidental nonrecyclable packaging, and facilities that accept only industrial waste
77.21that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting
77.22from the manufacture of construction materials; and
77.23(3) requirements for permit by rule solid waste disposal facilities.
77.24(d) Until the rules are modified as provided in paragraph (c) to include site-specific
77.25criteria to prohibit areas from solid waste disposal due to groundwater contamination
77.26sensitivity, as required under this section, the agency shall not issue a permit for a new
77.27solid waste disposal facility, except for:
77.28 (1) the reissuance of a permit for a land disposal facility operating as of March
77.291, 2008;
77.30 (2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond
77.31its permitted boundaries, including expansion on land that is not contiguous to, but is
77.32located within 600 yards of, the land disposal facility's permitted boundaries;
77.33 (3) a permit to modify the type of waste accepted at a land disposal facility operating
77.34as of March 1, 2008;
77.35 (4) a permit to locate a disposal facility that accepts only construction debris as
77.36defined in section115A.03, subdivision 7 ;
78.1 (5) a permit to locate a disposal facility that:
78.2 (i) accepts boiler ash from an electric energy power plant that has wet scrubbed units
78.3or has units that have been converted from wet scrubbed units to dry scrubbed units as
78.4those terms are defined in section216B.68 ;
78.5 (ii) is on land that was owned on May 1, 2008, by the utility operating the electric
78.6energy power plant; and
78.7 (iii) is located within three miles of the existing ash disposal facility for the power
78.8plant; or
78.9 (6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals
78.10regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals
78.11regulated under Minnesota Rules, chapter 6132.
78.12 (e) Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
78.13the Pollution Control Agency may adopt, amend and rescind rules and standards having
78.14the force of law relating to any purpose within the provisions of Laws 1971, chapter 727,
78.15for the prevention, abatement, or control of noise pollution. Any such rule or standard
78.16may be of general application throughout the state, or may be limited as to times, places,
78.17circumstances or conditions in order to make due allowances for variations therein.
78.18Without limitation, rules or standards may relate to sources or emissions of noise or noise
78.19pollution, to the quality or composition of noises in the natural environment, or to any
78.20other matter relevant to the prevention, abatement, or control of noise pollution.
78.21 (f) As to any matters subject to this chapter, local units of government may set
78.22emission regulations with respect to stationary sources which are more stringent than
78.23those set by the Pollution Control Agency.
78.24 (g) Pursuant to chapter 14, the Pollution Control Agency may adopt, amend,
78.25and rescind rules and standards having the force of law relating to any purpose within
78.26the provisions of this chapter for generators of hazardous waste, the management,
78.27identification, labeling, classification, storage, collection, treatment, transportation,
78.28processing, and disposal of hazardous waste and the location of hazardous waste facilities.
78.29A rule or standard may be of general application throughout the state or may be limited
78.30as to time, places, circumstances, or conditions. In implementing its hazardous waste
78.31rules, the Pollution Control Agency shall give high priority to providing planning and
78.32technical assistance to hazardous waste generators. The agency shall assist generators in
78.33investigating the availability and feasibility of both interim and long-term hazardous waste
78.34management methods. The methods shall include waste reduction, waste separation,
78.35waste processing, resource recovery, and temporary storage.
79.1 (h) The Pollution Control Agency shall give highest priority in the consideration
79.2of permits to authorize disposal of diseased shade trees by open burning at designated
79.3sites to evidence concerning economic costs of transportation and disposal of diseased
79.4shade trees by alternative methods.
79.5EFFECTIVE DATE.This section is effective the day following final enactment.
79.6 Sec. 64. Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read:
79.7 Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring
79.8the operator or owner of a solid waste disposal facility to submit to the agency proof
79.9of the operator's or owner's financial capability to provide reasonable and necessary
79.10response during the operating life of the facility and for 30 years after closure for a mixed
79.11municipal solid waste disposal facility or for a minimum of 20 years after closure, as
79.12determined by agency rules, for any other solid waste disposal facility, and to provide for
79.13the closure of the facility and postclosure care required under agency rules. Proof of
79.14financial responsibility is required of the operator or owner of a facility receiving an
79.15original permit or a permit for expansion after adoption of the rules. Within 180 days of
79.16the effective date of the rules or by July 1, 1987, whichever is later, proof of financial
79.17responsibility is required of an operator or owner of a facility with a remaining capacity of
79.18more than five years or 500,000 cubic yards that is in operation at the time the rules are
79.19adopted. Compliance with the rules and the requirements of paragraph (b) is a condition
79.20of obtaining or retaining a permit to operate the facility.
79.21(b) A municipality, as defined in section475.51, subdivision 2 , including a sanitary
79.22district, that owns or operates a solid waste disposal facility that was in operation on May
79.2315, 1989, may meet its financial responsibility for all or a portion of the contingency
79.24action portion of the reasonable and necessary response costs at the facility by pledging its
79.25full faith and credit to meet its responsibility.
79.26The pledge must be made in accordance with the requirements in chapter 475 for
79.27issuing bonds of the municipality, and the following additional requirements:
79.28(1) The governing body of the municipality shall enact an ordinance that clearly
79.29accepts responsibility for the costs of contingency action at the facility and that reserves,
79.30during the operating life of the facility and for the time period required in paragraph (a)
79.31after closure, a portion of the debt limit of the municipality, as established under section
79.32475.53
or other law, that is equal to the total contingency action costs.
79.33(2) The municipality shall require that all collectors that haul to the facility
79.34implement a plan for reducing solid waste by using volume-based pricing, recycling
79.35incentives, or other means.
80.1(3) When a municipality opts to meet a portion of its financial responsibility by
80.2relying on its authority to issue bonds, it shall also begin setting aside in a dedicated
80.3long-term care trust fund money that will cover a portion of the potential contingency
80.4action costs at the facility, the amount to be determined by the agency for each facility
80.5based on at least the amount of waste deposited in the disposal facility each year, and the
80.6likelihood and potential timing of conditions arising at the facility that will necessitate
80.7response action. The agency may not require a municipality to set aside more than five
80.8percent of the total cost in a single year.
80.9(4) A municipality shall have and consistently maintain an investment grade bond
80.10rating as a condition of using bonding authority to meet financial responsibility under
80.11this section.
80.12(5) The municipality shall file with the commissioner of revenue its consent to have
80.13the amount of its contingency action costs deducted from state aid payments otherwise
80.14due the municipality and paid instead to the remediation fund created in section116.155 ,
80.15if the municipality fails to conduct the contingency action at the facility when ordered
80.16by the agency. If the agency notifies the commissioner that the municipality has failed to
80.17conduct contingency action when ordered by the agency, the commissioner shall deduct
80.18the amounts indicated by the agency from the state aids in accordance with the consent
80.19filed with the commissioner.
80.20(6) The municipality shall file with the agency written proof that it has complied
80.21with the requirements of paragraph (b).
80.22(c) The method for proving financial responsibility under paragraph (b) may not be
80.23applied to a new solid waste disposal facility or to expansion of an existing facility, unless
80.24the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities
80.25cannot be permitted for a duration of longer than three years.
80.26(d) The commissioner shall consult with the commissioner of management and
80.27budget for guidance on the forms of financial assurance that are acceptable for private
80.28owners and public owners, and in carrying out a periodic review of the adequacy of
80.29financial assurance for solid waste disposal facilities. Financial assurance rules shall
80.30allow financial mechanisms to public owners of solid waste disposal facilities that are
80.31appropriate to their status as subdivisions of the state.
80.32EFFECTIVE DATE.This section is effective the day following final enactment.
80.33 Sec. 65. Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read:
80.34 Subd. 2a. When prepared. Where there is potential for significant environmental
80.35effects resulting from any major governmental action, the action shall be preceded by a
81.1detailed environmental impact statement prepared by the responsible governmental unit.
81.2The environmental impact statement shall be an analytical rather than an encyclopedic
81.3document which describes the proposed action in detail, analyzes its significant
81.4environmental impacts, discusses appropriate alternatives to the proposed action and
81.5their impacts, and explores methods by which adverse environmental impacts of an
81.6action could be mitigated. The environmental impact statement shall also analyze those
81.7economic, employment and sociological effects that cannot be avoided should the action
81.8be implemented. To ensure its use in the decision-making process, the environmental
81.9impact statement shall be prepared as early as practical in the formulation of an action.
81.10No mandatory environmental impact statement may be required for an ethanol plant,
81.11as defined in section41A.09, subdivision 2a , paragraph (b), that produces less than
81.12125,000,000 gallons of ethanol annually and is located outside of the seven-county
81.13metropolitan area.
81.14(a) The board shall by rule establish categories of actions for which environmental
81.15impact statements and for which environmental assessment worksheets shall be prepared
81.16as well as categories of actions for which no environmental review is required under
81.17this section.
81.18(b) The responsible governmental unit shall promptly publish notice of the
81.19completion of an environmental assessment worksheet in a manner to be determined by
81.20the board and shall provide copies of the environmental assessment worksheet to the board
81.21and its member agencies. Comments on the need for an environmental impact statement
81.22may be submitted to the responsible governmental unit during a 30 day period following
81.23publication of the notice that an environmental assessment worksheet has been completed.
81.24The responsible governmental unit's decision on the need for an environmental impact
81.25statement shall be based on the environmental assessment worksheet and the comments
81.26received during the comment period, and shall be made within 15 days after the close of
81.27the comment period. The board's chair may extend the 15 day period by not more than 15
81.28additional days upon the request of the responsible governmental unit.
81.29(c) An environmental assessment worksheet shall also be prepared for a proposed
81.30action whenever material evidence accompanying a petition by not less than 25
81.31individuals, submitted before the proposed project has received final approval by the
81.32appropriate governmental units, demonstrates that, because of the nature or location of a
81.33proposed action, there may be potential for significant environmental effects. Petitions
81.34requesting the preparation of an environmental assessment worksheet shall be submitted to
81.35the board. The chair of the board shall determine the appropriate responsible governmental
81.36unit and forward the petition to it. A decision on the need for an environmental assessment
82.1worksheet shall be made by the responsible governmental unit within 15 days after the
82.2petition is received by the responsible governmental unit. The board's chair may extend
82.3the 15 day period by not more than 15 additional days upon request of the responsible
82.4governmental unit.
82.5(d) Except in an environmentally sensitive location where Minnesota Rules, part
82.64410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
82.7review under this chapter and rules of the board, if:
82.8(1) the proposed action is:
82.9(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
82.10(ii) an expansion of an existing animal feedlot facility with a total cumulative
82.11capacity of less than 1,000 animal units;
82.12(2) the application for the animal feedlot facility includes a written commitment by
82.13the proposer to design, construct, and operate the facility in full compliance with Pollution
82.14Control Agency feedlot rules; and
82.15(3) the county board holds a public meeting for citizen input at least ten business
82.16days prior to the Pollution Control Agency or county issuing a feedlot permit for the
82.17animal feedlot facility unless another public meeting for citizen input has been held with
82.18regard to the feedlot facility to be permitted. The exemption in this paragraph is in
82.19addition to other exemptions provided under other law and rules of the board.
82.20(e) The board may, prior to final approval of a proposed project, require preparation
82.21of an environmental assessment worksheet by a responsible governmental unit selected
82.22by the board for any action where environmental review under this section has not been
82.23specifically provided for by rule or otherwise initiated.
82.24(f) An early and open process shall be utilized to limit the scope of the environmental
82.25impact statement to a discussion of those impacts, which, because of the nature or location
82.26of the project, have the potential for significant environmental effects. The same process
82.27shall be utilized to determine the form, content and level of detail of the statement as well
82.28as the alternatives which are appropriate for consideration in the statement. In addition,
82.29the permits which will be required for the proposed action shall be identified during the
82.30scoping process. Further, the process shall identify those permits for which information
82.31will be developed concurrently with the environmental impact statement. The board
82.32shall provide in its rules for the expeditious completion of the scoping process. The
82.33determinations reached in the process shall be incorporated into the order requiring the
82.34preparation of an environmental impact statement.
82.35(g) The responsible governmental unit shall, to the extent practicable, avoid
82.36duplication and ensure coordination between state and federal environmental review
83.1and between environmental review and environmental permitting. Whenever practical,
83.2information needed by a governmental unit for making final decisions on permits or
83.3other actions required for a proposed project shall be developed in conjunction with the
83.4preparation of an environmental impact statement.
83.5(h) An environmental impact statement shall be prepared and its adequacy
83.6determined within 280 days after notice of its preparation unless the time is extended by
83.7consent of the parties or by the governor for good cause. The responsible governmental
83.8unit shall determine the adequacy of an environmental impact statement, unless within 60
83.9days after notice is published that an environmental impact statement will be prepared,
83.10the board chooses to determine the adequacy of an environmental impact statement. If an
83.11environmental impact statement is found to be inadequate, the responsible governmental
83.12unit shall have 60 days to prepare an adequate environmental impact statement.
83.13 Sec. 66. Minnesota Statutes 2008, section 116D.04, is amended by adding a
83.14subdivision to read:
83.15 Subd. 14. Customized environmental assessment worksheet forms; electronic
83.16submission. (a) The commissioners of natural resources and the Pollution Control
83.17Agency and the board shall periodically review mandatory environmental assessment
83.18worksheet categories under rules adopted under this section, and other project types that
83.19are frequently subject to environmental review, and develop customized environmental
83.20assessment worksheet forms for the category or project type. The forms must include
83.21specific questions that focus on key environmental issues for the category or project type.
83.22In assessing categories and project types and developing forms, the board shall seek
83.23the input of governmental units that are frequently responsible for the preparation of a
83.24worksheet for the particular category or project type. The commissioners and the board
83.25shall also seek input from the general public on the development of customized forms.
83.26The commissioners and board shall make the customized forms available online.
83.27(b) The commissioners of natural resources and the Pollution Control Agency shall
83.28allow for the electronic submission of environmental assessment worksheets and permits.
83.29 Sec. 67. Minnesota Statutes 2008, section 290.431, is amended to read:
83.30290.431 NONGAME WILDLIFE CHECKOFF.
83.31Every individual who files an income tax return or property tax refund claim form
83.32may designate on their original return that $1 or more shall be added to the tax or deducted
83.33from the refund that would otherwise be payable by or to that individual and paid into an
83.34account to be established for the management of nongame wildlife. The commissioner
84.1of revenue shall, on the income tax return and the property tax refund claim form, notify
84.2filers of their right to designate that a portion of their tax or refund shall be paid into
84.3the nongame wildlife management account. The sum of the amounts so designated to
84.4be paid shall be credited to the nongame wildlife management account for use by the
84.5nongame programof the section of wildlife in the Department of Natural Resources. All
84.6interest earned on money accrued, gifts to the program, contributions to the program, and
84.7reimbursements of expenditures in the nongame wildlife management account shall be
84.8credited to the account by the commissioner of management and budget, except that
84.9gifts or contributions received directly by the commissioner of natural resources and
84.10directed by the contributor for use in specific nongame field projects or geographic
84.11areas shall be handled according to section84.085, subdivision 1 . The commissioner
84.12of natural resources shall submit a work program for each fiscal year and semiannual
84.13progress reports to the Legislative-Citizen Commission on Minnesota Resources in the
84.14form determined by the commission.None of the money provided in this section may be
84.15expended unless the commission has approved the work program.
84.16The state pledges and agrees with all contributors to the nongame wildlife
84.17management account to use the funds contributed solely for the management of nongame
84.18wildlife projects and further agrees that it will not impose additional conditions or
84.19restrictions that will limit or otherwise restrict the ability of the commissioner of natural
84.20resources to use the available funds for the most efficient and effective management of
84.21nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
84.22programs for the purpose of developing, preserving, restoring, and maintaining wintering
84.23habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
84.24or contract with any nonprofit organization dedicated to the construction, maintenance, and
84.25repair of such projects that are acceptable to the governmental agency having jurisdiction
84.26over the land and water affected by the projects. Under this authority, the commissioner
84.27may execute agreements and contracts if the commissioner determines that the use of the
84.28funds will benefit neotropical migrant birds that breed in or migrate through the state.
84.29 Sec. 68. Minnesota Statutes 2008, section 290.432, is amended to read:
84.30290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
84.31A corporation that files an income tax return may designate on its original return that
84.32$1 or more shall be added to the tax or deducted from the refund that would otherwise be
84.33payable by or to that corporation and paid into the nongame wildlife management account
84.34established by section290.431 for use by the section of wildlife in the Department of
84.35Natural Resources for its nongame wildlife program. The commissioner of revenue shall,
85.1on the corporate tax return, notify filers of their right to designate that a portion of their
85.2tax return be paid into the nongame wildlife management account for the protection of
85.3endangered natural resources. All interest earned on money accrued, gifts to the program,
85.4contributions to the program, and reimbursements of expenditures in the nongame wildlife
85.5management account shall be credited to the account by the commissioner of management
85.6and budget, except that gifts or contributions received directly by the commissioner of
85.7natural resources and directed by the contributor for use in specific nongame field projects
85.8or geographic areas shall be handled according to section84.085, subdivision 1 . The
85.9commissioner of natural resources shall submit a work program for each fiscal year to
85.10the Legislative-Citizen Commission on Minnesota Resources in the form determined by
85.11the commission.None of the money provided in this section may be spent unless the
85.12commission has approved the work program.
85.13The state pledges and agrees with all corporate contributors to the nongame wildlife
85.14account to use the funds contributed solely for the nongame wildlife program and further
85.15agrees that it will not impose additional conditions or restrictions that will limit or
85.16otherwise restrict the ability of the commissioner of natural resources to use the available
85.17funds for the most efficient and effective management of those programs.
85.18 Sec. 69. Laws 2010, chapter 215, article 3, section 4, subdivision 10, is amended to
85.19read:
85.21(a) By June 30, 2010, the commissioner of
85.22management and budget shall transfer any
85.23remaining balance, estimated to be $98,000,
85.24from the stream protection and improvement
85.25fund under Minnesota Statutes, section
85.26103G.705
, to the general fund. Beginning
85.27in fiscal year 2011, all repayment of loans
85.28made and administrative fees assessed under
85.29Minnesota Statutes, section103G.705 ,
85.30estimated to be $195,000 in 2011, must be
85.31transferred to the general fund.
85.32(b) The balance of surcharges on criminal and
85.33traffic offenders, estimated to be $900,000,
85.34and credited to the game and fish fund
86.1under Minnesota Statutes, section357.021,
86.2subdivision 7 , and collected before June 30,
86.32010, must be transferred to the general fund.
86.4(c) The appropriation in Laws 2007, First
86.5Special Session chapter 2, article 1, section
86.68, transferred to the appropriation in Laws
86.72007, First Special Session chapter 2, article
86.81, section 5, for cost-share flood programs
86.9in southeastern Minnesota, is reduced by
86.10$335,000 and that amount is canceled to the
86.11general fund.
86.12(d) Before June 30, 2011, the commissioner
86.13of management and budget shall transfer
86.14$1,000,000 from the fleet management
86.15account in the special revenue fund
86.16established under Minnesota Statutes, section
86.1784.0856
, to the general fund.
86.18 Sec. 70. SCHOOL TRUST LANDS STUDY.
86.19(a) By July 15, 2010, the commissioner of natural resources shall provide to
86.20the chairs of the house of representatives and the senate committees and divisions
86.21with primary jurisdiction over natural resources finance and education finance and the
86.22Permanent School Fund Advisory Committee information necessary to evaluate the
86.23effectiveness of the commissioner in managing school trust lands to successfully meet the
86.24goals contained in Minnesota Statutes, section 127A.31. The information to be provided
86.25shall include, but is not limited to:
86.26(1) an accurate description of the school trust lands and their land classification;
86.27(2) policies and procedures in place designed to meet the requirements of the
86.28fiduciary responsibility of the commissioner in management of the school trust lands; and
86.29(3) financial information identifying the current revenues from the land
86.30classifications and the potential for future maximization of those revenues.
86.31(b) By January 15, 2011, the commissioner of natural resources shall provide an
86.32analysis to the chairs of the house of representatives and senate committees and divisions
86.33with primary jurisdiction over natural resources finance and education finance and the
86.34Permanent School Fund Advisory Committee on the advantages and disadvantages of
87.1having a funding mechanism for compensating the permanent school fund for private and
87.2public use of school trust lands.
87.3 Sec. 71. COON RAPIDS DAM COMMISSION.
87.4 Subdivision 1. Establishment. (a) The Coon Rapids Dam Commission is
87.5established to perform the duties specified in subdivision 2.
87.6(b) The commission consists of 15 voting members and three nonvoting members
87.7as follows:
87.8(1) two members of the house of representatives, appointed by the speaker of the
87.9house, with one member from the minority caucus;
87.10(2) two members of the senate appointed by the Subcommittee on Committees of the
87.11Committee on Rules and Administration, with one member from the minority caucus;
87.12(3) the commissioner of natural resources or the commissioner's designee;
87.13(4) the commissioner of energy or the commissioner's designee;
87.14(5) two representatives of Three Rivers Park District, appointed by the Three Rivers
87.15Park District Board of Commissioners;
87.16(6) one representative each from the counties of Anoka and Hennepin, appointed
87.17by the respective county boards;
87.18(7) one representative each from the cities of Anoka, Brooklyn Park, Champlin, and
87.19Coon Rapids, appointed by the respective mayors;
87.20(8) one representative from the Metropolitan Council, appointed by the council chair;
87.21(9) one representative of the Mississippi National River and Recreation Area,
87.22appointed by the superintendent of the Mississippi National River and Recreation Area,
87.23who shall serve as a nonvoting member;
87.24(10) one representative of the United States Army Corps of Engineers, appointed
87.25by the commander of the St. Paul District, United States Army Corps of Engineers, who
87.26shall serve as a nonvoting member; and
87.27(11) one representative from the United States Fish and Wildlife Service, appointed
87.28by the regional director of the United States Fish and Wildlife Service, who shall serve
87.29as a nonvoting member.
87.30(c) The commission shall elect a chair from among its members.
87.31(d) Members of the commission shall serve a term of one year and may be
87.32reappointed for any successive number of terms.
87.33(e) The Three Rivers Park District shall provide the commission with office space
87.34and staff and administrative services.
87.35(f) Commission members shall serve without compensation.
88.1 Subd. 2. Duties. The commission shall study options and make recommendations
88.2for the future of the Coon Rapids Dam, including its suitable public uses, governance,
88.3operation, and maintenance and financing of the dam and its operations. The commission
88.4shall consider economic, environmental, ecological, and other pertinent factors. The
88.5commission shall, by March 1, 2011, develop and present to the legislature and the
88.6governor an analysis and recommendations for the Coon Rapids Dam. The commission
88.7shall present its findings to the house of representatives and senate committees and
88.8divisions having jurisdiction over natural resources and energy policy.
88.9 Subd. 3. Expiration. This section expires upon presentation of the commission's
88.10analysis and recommendations according to subdivision 2.
88.11EFFECTIVE DATE.This section is effective the day following final enactment.
88.12 Sec. 72. SOLID WASTE FACILITY FINANCIAL ASSURANCE
88.13MECHANISMS; INPUT.
88.14Within six months after the effective date of this section, and before publishing
88.15the rules required for groundwater sensitivity and financial assurance in Minnesota
88.16Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with
88.17experts and interested persons on financial assurance adequacy for solid waste facilities,
88.18including, but not limited to, staff from the Department of Natural Resources, Minnesota
88.19Management and Budget, local governments, private and public landfill operators, and
88.20environmental groups. The commissioner shall seek the input to determine the adequacy
88.21of existing financial assurance rules to address environmental risks, the length of time
88.22financial assurance is needed, based on the threat to human health and the environment,
88.23the reliability of financial assurance in covering risks from land disposal of waste in
88.24Minnesota and other states, and the role of private insurance.
88.25EFFECTIVE DATE.This section is effective the day following final enactment.
88.26 Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
88.27ADOPTION DELAY.
88.28(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
88.29adopt an ordinance by February 4, 2012, to comply with the February 4, 2008, revisions
88.30to subsurface sewage treatment system rules. By April 4, 2011, the Pollution Control
88.31Agency shall adopt the final rule amendments to the February 4, 2008, subsurface sewage
88.32treatment system rules. A county must continue to enforce its current ordinance until a
88.33new one has been adopted.
89.1(b) By January 15, 2011, the agency, after consultation with the Board of Water and
89.2Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
89.3ranking minority members of the senate and house of representatives environment and
89.4natural resources policy and finance committees and divisions on:
89.5(1) the technical changes in the rules for subsurface sewage treatment systems
89.6that were adopted on February 4, 2008;
89.7(2) the progress in local adoption of ordinances to comply with the rules; and
89.8(3) the progress in protecting the state's water resources from pollution due to
89.9subsurface sewage treatment systems.
89.10EFFECTIVE DATE.This section is effective the day following final enactment.
89.11 Sec. 74. DEPARTMENT OF NATURAL RESOURCES LONG-RANGE
89.12BUDGET ANALYSIS.
89.13(a) The commissioner of natural resources, in consultation with the commissioner
89.14of management and budget, shall estimate the total amount of funding available from all
89.15sources for each of the following land management categories: wildlife management
89.16areas; state forests; scientific and natural areas; aquatic management areas; public water
89.17access sites; and prairie bank easements. The commissioner of natural resources shall
89.18prepare a ten-year budget analysis of the department's ongoing land management needs,
89.19including restoration of each parcel needing restoration. The analysis shall include:
89.20(1) an analysis of the needs of wildlife management areas, including identification of
89.21internal systemwide guidelines on the proper frequency for activities such as controlled
89.22burns, tree and woody biomass removal, and brushland management;
89.23(2) an analysis of state forest needs, including identification of internal systemwide
89.24guidelines on the proper frequency for forest management activities;
89.25(3) an analysis of scientific and natural area needs, including identification of
89.26internal systemwide guidelines on the proper frequency for management activities;
89.27(4) an analysis of aquatic management area needs, including identification of internal
89.28systemwide guidelines on the proper frequency for management activities; and
89.29(5) an analysis of the needs of the state's public water access sites, including
89.30identification of internal systemwide guidelines on the proper frequency for management
89.31activities.
89.32(b) The commissioner shall compare the estimate of the total amount of funding
89.33available to the department's ongoing management needs to determine:
90.1(1) the amount necessary to manage, restore, and maintain existing wildlife
90.2management areas, state forests, scientific and natural areas, aquatic management areas,
90.3public water access sites, and prairie bank easements; and
90.4(2) the amount necessary to expand upon the existing wildlife management areas,
90.5state forests, scientific and natural areas, aquatic management areas, public water access
90.6sites, and prairie bank easement programs, including the feasibility of the department's
90.7existing long-range plans, if applicable, for each program.
90.8(c) The commissioner of natural resources shall submit the analysis to the chairs of
90.9the house of representatives and senate committees with jurisdiction over environment
90.10and natural resources finance and cultural and outdoor resources finance by November
90.1115, 2010.
90.12EFFECTIVE DATE.This section is effective the day following final enactment.
90.13 Sec. 75. WIND ENERGY SYSTEMS ON STATE-OWNED LANDS; REPORT.
90.14By February 15, 2011, the commissioner of natural resources shall report to the
90.15senate and house of representatives environment and natural resource policy and finance
90.16committees and divisions on the use of state-owned lands for wind energy systems. The
90.17report shall include:
90.18(1) information on the benefits and costs of using state-owned lands for wind energy
90.19systems;
90.20(2) the effects of wind energy systems on state-owned lands;
90.21(3) recommendations for a regulatory system and restrictions that will be necessary
90.22to protect the state's land and water resources when using state-owned lands for wind
90.23energy systems; and
90.24(4) identification of state-owned lands that would be suitable for wind energy
90.25systems and state-owned lands that would be unsuitable, including recommendations for
90.26restrictions on the use of state-owned lands based on their designation as units of the
90.27outdoor recreation system under Minnesota Statutes, section 86A.05.
90.28 Sec. 76. APPROPRIATION; DEPARTMENT OF NATURAL RESOURCES
90.29PEACE OFFICER TRAINING.
90.30(a) $145,000 in fiscal year 2011 is appropriated from the game and fish fund to
90.31the commissioner of natural resources for peace officer training for employees of the
90.32Department of Natural Resources who are licensed under Minnesota Statutes, sections
90.33626.84 to 626.863, to enforce game and fish laws. This appropriation is from the money
90.34credited to the game and fish fund under Minnesota Statutes, section 357.021, subdivision
91.17, paragraph (a), clause (1), from surcharges assessed to criminal and traffic offenders.
91.2This is a onetime appropriation.
91.3(b) By January 15, 2011, the commissioner of natural resources shall submit a report
91.4to the chairs of the committees and divisions with jurisdiction over natural resources and
91.5public safety on the expenditure of these funds, including the effectiveness of the activities
91.6funded in improving the enforcement of game and fish laws and the resulting outcomes
91.7for the state's natural resources.
91.8 Sec. 77. APPROPRIATION; STATE WATER TRAILS.
91.9$60,000 is appropriated in fiscal year 2011 from the water recreation account in the
91.10natural resources fund to the commissioner of natural resources to cooperate with local
91.11units of government in marking state water trails under Minnesota Statutes, section 85.32;
91.12acquiring and developing river accesses and campsites; and removing obstructions that
91.13may cause public safety hazards. This is a onetime appropriation and available until spent.
91.14 Sec. 78. APPROPRIATION; MOOSE TRAIL.
91.15$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources
91.16from the all-terrain vehicle account in the natural resources fund for a grant to the city of
91.17Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual usage trail, so that it
91.18may also be used as an off-highway vehicle trail connecting the city of Biwabik to the
91.19Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and
91.20is available until spent.
91.21 Sec. 79. APPROPRIATION; ECOLOGICAL CLASSIFICATION PROGRAM.
91.22$250,000 in fiscal year 2011 is appropriated from the heritage enhancement account
91.23in the game and fish fund to the commissioner of natural resources to maintain and expand
91.24the ecological classification program on state forest lands. This is a onetime appropriation.
91.25 Sec. 80. PARKS AND TRAILS APPROPRIATION; LOTTERY-IN-LIEU
91.26REVENUE.
91.27$300,000 in fiscal year 2011 is appropriated from the natural resources fund to
91.28the commissioner of natural resources for state park, state recreation area, and state
91.29trail operations. This is from the revenue deposited in the natural resources fund under
91.30Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
91.31$300,000 in fiscal year 2011 is appropriated from the natural resources fund to
91.32the Metropolitan Council for metropolitan area regional parks and trails maintenance
92.1and operations. This is from the revenue deposited in the natural resources fund under
92.2Minnesota Statutes, section 297A.94, paragraph (e), clause (3).
92.3 Sec. 81. REFUSE MANAGEMENT PILOT PROJECT; CANNON RIVER.
92.4The commissioner of natural resources shall establish a two-year pilot project on the
92.5Cannon River under a written agreement between the establishment and the commissioner
92.6of natural resources that allows canoe and inner tube rental establishments to take
92.7responsibility for the management of their patrons' refuse on the river, including allowing
92.8canoe and inner tube establishments to provide disposable refuse containers to each group.
92.9 Sec. 82. REVISOR'S INSTRUCTION.
92.10(a) The revisor of statutes shall change the term "horse trail pass" to "horse pass"
92.11wherever it appears in Minnesota Statutes and Minnesota Rules.
92.12(b) The revisor of statutes shall change the term "canoe and boating routes" or
92.13similar term to "state water trails" or similar term wherever it appears in Minnesota
92.14Statutes and Minnesota Rules.
92.15(c) The revisor of statutes shall change the term "Minnesota Conservation Corps" to
92.16"Conservation Corps Minnesota" wherever it appears in Minnesota Statutes.
92.17 Sec. 83. REPEALER.
92.18(a) Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1; 103G.295;
92.19and 103G.650, are repealed.
92.20(b) Minnesota Statutes 2009 Supplement, section 88.795, is repealed.
92.23 Section 1. Minnesota Statutes 2008, section 3.8851, subdivision 7, is amended to read:
92.24 Subd. 7. Assessment; appropriation. (a) Upon request by the cochairs of the
92.25commission, the commissioner of commerce shall assess the amount requested for the
92.26operation of the commission, not to exceed $250,000 in a fiscal year, from the following
92.27sources:
92.28 (1) 50 percent of the assessment must come from all public utilities, municipal
92.29utilities, electric cooperative associations, generation and transmission cooperative electric
92.30associations, and municipal power agencies providing electric or natural gas services
92.31in Minnesota; and
93.1 (2) 50 percent of the assessment must come from all bulk terminals located in this
93.2state from which petroleum products and liquid petroleum gas are dispensedfor sale in
93.3this state.
93.4 (b) The commissioner of commerce shall apportion the assessment amount requested
93.5among the entities in paragraph (a),clauses clause (1) and (2), in proportion to their
93.6respective gross operating revenues from energy sold within the state during the most
93.7recent calendar year, while ensuring that wholesale and retail sales are not double counted.
93.8(c) The commissioner of commerce shall apportion the assessment amount requested
93.9equally among the referenced entities in paragraph (a), clause (2).
93.10(c) (d) The entities in paragraph (a), clauses clause (1) and (2), must provide
93.11information to the commissioner of commerce to allow for calculation of the assessment.
93.12(d) (e) The assessments under this subdivision are in addition to assessments made
93.13under section216B.62 . The amount assessed under this section is must be deposited in
93.14the legislative energy commission account in the special revenue fund. Funds in the
93.15legislative energy commission account are appropriated to the director of the Legislative
93.16Coordinating Commission for the purposes of this section, andis are available until
93.17expended. Utilities selling gas and electric service at retail must be assessed and billed
93.18in accordance with the procedures provided in section216B.62 , to the extent that these
93.19procedures do not conflict with this subdivision.
93.20EFFECTIVE DATE.This section is effective the day following final enactment.
93.21 Sec. 2. Minnesota Statutes 2008, section 116C.779, subdivision 1, is amended to read:
93.22 Subdivision 1. Renewable development account. (a) The public utility that owns
93.23the Prairie Island nuclear generating plant must transfer to a renewable development
93.24account$16,000,000 annually $500,000 each year for each dry cask containing spent fuel
93.25that is located at the Prairie Island power plant for each year the plant is in operation, and
93.26$7,500,000 each year the plant is not in operation if ordered by the commission pursuant
93.27to paragraph (d). The fund transfer must be made if nuclear waste is stored in a dry cask at
93.28the independent spent-fuel storage facility at Prairie Island for any part of a year. Funds
93.29in the account may be expended only for development of renewable energy sources.
93.30Preference must be given to development of renewable energy source projects located
93.31within the state. The utility that owns a nuclear generating plant is eligible to apply for
93.32renewable development fund grants. The utility's proposals must be evaluated by the
93.33renewable development fund board in a manner consistent with that used to evaluate other
93.34renewable development fund project proposals.
94.1 (b) The public utility that owns the Monticello nuclear generating plant must transfer
94.2to the renewable development account $350,000 each year for each dry cask containing
94.3spent fuel that is located at the Monticello nuclear power plant for each year the plant is
94.4in operation, and $5,250,000 each year the plant is not in operation if ordered by the
94.5commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste
94.6is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
94.7any part of a year.
94.8 (c) Expenditures from the account may only be made after approval by order of the
94.9Public Utilities Commission upon a petition by the public utility.
94.10 (d) After discontinuation of operation of the Prairie Island nuclear plant or the
94.11Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the
94.12discontinued facility, the commission shall require the public utility to pay $7,500,000 for
94.13the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello
94.14facility for any year in which the commission finds, by the preponderance of the evidence,
94.15that the public utility did not make a good faith effort to remove the spent nuclear
94.16fuel stored at the facility to a permanent or interim storage site out of the state. This
94.17determination shall be made at least every two years.
94.18EFFECTIVE DATE.This section is effective when 32 dry casks containing spent
94.19fuel are located at the Prairie Island nuclear plant.
94.20 Sec. 3. [116C.7791] REBATES FOR SOLAR PHOTOVOLTAIC MODULES.
94.21 Subdivision 1. Definitions. For the purpose of this section, the following terms
94.22have the meanings given.
94.23(a) "Installation" means an array of solar photovoltaic modules attached to a building
94.24that will use the electricity generated by the solar photovoltaic modules or placed on a
94.25facility or property proximate to that building.
94.26(b) "Manufactured" means:
94.27(1) the material production of solar photovoltaic modules, including the tabbing,
94.28stringing, and lamination processes; or
94.29(2) the production of interconnections of low-voltage photoactive elements that
94.30produce the final useful photovoltaic output by a manufacturer operating in this state on
94.31the effective date of this section.
94.32(c) "Qualified owner" means an owner of a qualified property, but does not include
94.33an entity engaged in the business of generating or selling electricity at retail, or an
94.34unregulated subsidiary of such an entity.
95.1(d) "Qualified property" means a residence, multifamily residence, business, or
95.2publicly owned building located in the assigned service area of the utility subject to
95.3section 116C.779.
95.4(e) "Solar photovoltaic module" means the smallest, nondivisible, self-contained
95.5physical structure housing interconnected photovoltaic cells and providing a single direct
95.6current of electrical output.
95.7 Subd. 2. Establishment. The utility subject to section 116C.779 shall establish
95.8a program to provide rebates to an owner of a qualified property for installing solar
95.9photovoltaic modules manufactured in Minnesota after December 31, 2009. Any solar
95.10photovoltaic modules installed under this program and any expenses incurred by the
95.11utility operating the program shall be treated the same as solar installations and related
95.12expenses under section 216B.241.
95.13 Subd. 3. Rebate eligibility. (a) To be eligible for a rebate under this section, a
95.14solar photovoltaic module:
95.15(1) must be manufactured in Minnesota;
95.16(2) must be installed on a qualified property as part of a system whose generating
95.17capacity does not exceed 40 kilowatts;
95.18(3) must be certified by Underwriters Laboratory, must have received the ETL
95.19listed mark from Intertek, or must have an equivalent certification from an independent
95.20testing agency;
95.21(4) may or may not be connected to a utility grid;
95.22(5) must be installed, or reviewed and approved, by a person certified as a solar
95.23photovoltaic installer by the North American Board of Certified Energy Practitioners; and
95.24(6) may not be used to sell, transmit, or distribute the electrical energy at retail,
95.25nor to provide end-use electricity to an offsite facility of the electrical energy generator.
95.26On-site generation is allowed to the extent provided for in section 216B.1611.
95.27(b) To be eligible for a rebate under this section, an applicant must have applied for
95.28and been awarded a rebate or other form of financial assistance available exclusively to
95.29owners of properties on which solar photovoltaic modules are installed that is offered by:
95.30(1) the utility serving the property on which the solar photovoltaic modules are to
95.31be installed; or
95.32(2) this state, under an authority other than this section.
95.33(c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is
95.34eligible if the applicant's failure to secure a rebate or other form of financial assistance is
95.35due solely to a lack of available funds on the part of a utility or this state.
96.1 Subd. 4. Rebate amount and payment. (a) The amount of a rebate under this
96.2section is the difference between the sum of all rebates described in subdivision 3,
96.3paragraph (b), awarded to the applicant and $5 per watt of installed generating capacity.
96.4(b) Notwithstanding paragraph (a), the amount of all rebates or other forms of
96.5financial assistance awarded to an applicant by a utility and the state, including any rebate
96.6paid under this section, net of applicable federal income taxes applied at the highest
96.7applicable income tax rates, must not exceed 60 percent of the total installed cost of
96.8the solar photovoltaic modules.
96.9(c) Rebates must be awarded to eligible applicants beginning July 1, 2010.
96.10(d) The rebate must be paid out proportionately in five consecutive annual
96.11installments.
96.12 Subd. 5. Rebate program funding. (a) The following amounts must be allocated
96.13from the renewable development account established in section 116C.779 to a separate
96.14account for the purpose of providing the rebates for solar photovoltaic modules specified
96.15in this section:
96.16(1) $2,000,000 in fiscal year 2011;
96.17(2) $4,000,000 in fiscal year 2012;
96.18(3) $5,000,000 in fiscal year 2013;
96.19(4) $5,000,000 in fiscal year 2014; and
96.20(5) $5,000,000 in fiscal year 2015.
96.21(b) If, by the end of fiscal year 2015, insufficient qualified owners have applied for
96.22and met the requirements for rebates under this section to exhaust the funds available, any
96.23remaining balance shall be returned to the account established under section 116C.779.
96.24EFFECTIVE DATE.This section is effective the day following final enactment.
96.25 Sec. 4. Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to read:
96.26 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
96.27have the meanings given.
96.28(b) "Green economy" means products, processes, methods, technologies, or services
96.29intended to do one or more of the following:
96.30 (1) increase the use of energy from renewable sources, including through achieving
96.31the renewable energy standard established in section216B.1691 ;
96.32 (2) achieve the statewide energy-savings goal established in section216B.2401 ,
96.33including energy savings achieved by the conservation investment program under section
96.34216B.241
;
97.1 (3) achieve the greenhouse gas emission reduction goals of section216H.02 ,
97.2subdivision 1, including through reduction of greenhouse gas emissions, as defined in
97.3section216H.01, subdivision 2 , or mitigation of the greenhouse gas emissions through,
97.4but not limited to, carbon capture, storage, or sequestration;
97.5 (4) monitor, protect, restore, and preserve the quality of surface waters, including
97.6actions to further the purposes of the Clean Water Legacy Act as provided in section
97.7114D.10, subdivision 1
; or
97.8 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
97.9cost of producing biofuels or the types of equipment, machinery, and vehicles that can
97.10use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections
97.1141A.10, subdivision 2
, and
41A.11 ; or
97.12(6) increase the use of green chemistry, as defined in section 116.9401.
97.13For the purpose of clause (3), "green economy" includes strategies that reduce carbon
97.14emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
97.15transit or otherwise reducing commuting for employees.
97.16EFFECTIVE DATE.This section is effective the day following final enactment.
97.17 Sec. 5. Minnesota Statutes 2008, section 216B.16, subdivision 14, is amended to read:
97.18 Subd. 14. Low-income electric rate discount. A public utility shall fund an
97.19affordability program for low-income customers in an amount based on a 50 percent
97.20electric rate discount on the first300 400 kilowatt-hours consumed in a billing period for
97.21low-income residential customers of the utility. For the purposes of this subdivision,
97.22"low-income" describes a customer who is receiving assistance from the federal
97.23low-income home energy assistance program. The affordability program must be designed
97.24to target participating customers with the lowest incomes and highest energy costs in order
97.25to lower the percentage of income they devote to energy bills, increase their payments,
97.26and lower costs associated with collection activities on their accounts. For low-income
97.27customers who are 62 years of age or older or disabled, the program must, in addition to
97.28any other program benefits, include a 50 percent electric rate discount on the first300 400
97.29kilowatt-hours consumed in a billing period. For the purposes of this subdivision, "public
97.30utility" includes only those public utilities with more than 200,000 residential electric
97.31service customers. The commission may issue orders necessary to implement, administer,
97.32and recover the costs of the program on a timely basis.
97.33 Sec. 6. Minnesota Statutes 2008, section 216B.16, subdivision 15, is amended to read:
98.1 Subd. 15. Low-income affordability programs. (a) The commission must
98.2consider ability to pay as a factor in setting utility rates and may establish affordability
98.3programs for low-income residential ratepayers in order to ensure affordable, reliable,
98.4and continuous service to low-income utility customers. Affordability programs may
98.5include inverted block rates in which lower energy prices are made available to lower
98.6usage customers. By September 1, 2007, a public utility serving low-income residential
98.7ratepayers who use natural gas for heating must file an affordability program with the
98.8commission. For purposes of this subdivision, "low-income residential ratepayers" means
98.9ratepayers who receive energy assistance from the low-income home energy assistance
98.10program (LIHEAP).
98.11 (b) Any affordability program the commission orders a utility to implement must:
98.12 (1) lower the percentage of income that participating low-income households devote
98.13to energy bills;
98.14 (2) increase participating customer payments over time by increasing the frequency
98.15of payments;
98.16 (3) decrease or eliminate participating customer arrears;
98.17 (4) lower the utility costs associated with customer account collection activities; and
98.18 (5) coordinate the program with other available low-income bill payment assistance
98.19and conservation resources.
98.20 (c) In ordering affordability programs, the commission may require public utilities to
98.21file program evaluations that measure the effect of the affordability program on:
98.22 (1) the percentage of income that participating households devote to energy bills;
98.23 (2) service disconnections; and
98.24 (3) frequency of customer payments, utility collection costs, arrearages, and bad
98.25debt.
98.26 (d) The commission must issue orders necessary to implement, administer, and
98.27evaluate affordability programs, and to allow a utility to recover program costs, including
98.28administrative costs, on a timely basis. The commission may not allow a utility to recover
98.29administrative costs, excluding start-up costs, in excess of five percent of total program
98.30costs, or program evaluation costs in excess of two percent of total program costs. The
98.31commission must permit deferred accounting, with carrying costs, for recovery of program
98.32costs incurred during the period between general rate cases.
98.33 (e) Public utilities may use information collected or created for the purpose of
98.34administering energy assistance to administer affordability programs.
99.1 Sec. 7. [216B.1695] ENVIRONMENTAL PROJECTS; ADVANCE
99.2DETERMINATION OF PRUDENCE.
99.3 Subdivision 1. Qualifying project. A public utility may petition the commission for
99.4an advance determination of prudence for a project undertaken to comply with federal
99.5or state air quality standards of states in which the utility's electric generation facilities
99.6are located, if the project has an expected jurisdictional cost to Minnesota ratepayers of
99.7at least $10,000,000. A project is undertaken to comply with federal or state air quality
99.8standards if it is required:
99.9(1) by the state in which the generation facility is located in a state implementation
99.10plan, permit, or order; or
99.11(2) to comply with section 111 or 112 of the federal Clean Air Act, United States
99.12Code, title 42, section 7411 or 7412.
99.13 Subd. 2. Regulatory cost assessments and reports. A utility requesting an
99.14advance determination under subdivision 1 must, as part of the evidence required when
99.15filing a petition under subdivision 3, provide to the Public Utilities Commission and the
99.16Pollution Control Agency an assessment of all anticipated state and federal environmental
99.17regulations related to the production of electricity from the utility's facility subject to
99.18the filing, including regulations relating to:
99.19(1) air pollution by nitrogen oxide and sulphur dioxide, including an assumption that
99.20Minnesota will be included in the federal Clean Air Interstate Rule region, hazardous air
99.21pollutants, carbon dioxide, particulates, and ozone;
99.22(2) coal waste; and
99.23(3) water consumption and water pollution.
99.24In addition, the utility shall provide an assessment of the financial and operational
99.25impacts of these pending regulations applicable to the generating facility that is the
99.26subject of the filing and provide a range of regulatory response scenarios that include, but
99.27are not limited to:
99.28(1) the installation of pollution control equipment;
99.29(2) the benefits of the retirement or repowering of the plant that is the subject of
99.30the filing with cleaner fuels considering the costs of complying with state and federal
99.31environmental regulations; and
99.32(3) the use of pollution allowances to achieve compliance.
99.33The utility shall consult with interested stakeholders in establishing the scope of the
99.34regulatory, financial, and operational assessments prior to or during the 60-day period of
99.35the notice under subdivision 4.
100.1 Subd. 3. Petition. A petition filed under this section must include a description of
100.2the project, evidence supporting the project's reasonableness, a discussion of project
100.3alternatives, a project implementation schedule, a cost estimate and support for the
100.4reasonableness of the estimated cost, and a description of the public utility's efforts to
100.5ensure the lowest reasonable costs. Following receipt of the Pollution Control Agency's
100.6verification under subdivision 4, the commission shall allow opportunity for oral and
100.7written comment on the petition. The commission shall make a final determination on
100.8the petition within ten months of its filing date. The commission must make findings
100.9in support of its determination.
100.10 Subd. 4. Verification. At least 60 days prior to filing a petition to the commission
100.11under subdivision 3, the utility shall file notice with the Pollution Control Agency that
100.12describes the project and how it qualifies under subdivision 1. The Pollution Control
100.13Agency shall, within 60 days of receipt of the notice, verify that the project qualifies under
100.14subdivision 1, and shall forward written verification to the commission.
100.15 Subd. 5. Cost recovery. The utility may begin recovery of costs that have been
100.16incurred by the utility in connection with implementation of the project in the next rate
100.17case following an advance determination of prudence. The commission shall review the
100.18costs incurred by the utility for the project. The utility must show that the project costs
100.19are reasonable and necessary, and demonstrate its efforts to ensure the lowest reasonable
100.20project costs. Notwithstanding the commission's prior determination of prudence, it may
100.21accept, modify, or reject any of the project costs. The commission may determine whether
100.22to require an allowance for funds used during construction offset.
100.23 Subd. 6. Expiration. A petition for an advance determination of prudence may not
100.24be filed after December 31, 2015.
100.25EFFECTIVE DATE.This section is effective the day following final enactment.
100.26 Sec. 8. Minnesota Statutes 2008, section 216B.2401, is amended to read:
100.27216B.2401 ENERGY CONSERVATION POLICY GOAL.
100.28 It is the energy policy of the state of Minnesota to achieve annual energy savings
100.29equal to 1.5 percent of annual retail energy sales of electricity and natural gas directly
100.30through energy conservation improvement programs and rate design, such as inverted
100.31block rates in which lower energy prices are made available to lower usage residential
100.32customers, and indirectly through energy codes and appliance standards, programs
100.33designed to transform the market or change consumer behavior, energy savings resulting
101.1from efficiency improvements to the utility infrastructure and system, and other efforts to
101.2promote energy efficiency and energy conservation.
101.3 Sec. 9. Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision
101.4to read:
101.5 Subd. 3a. Supplemental staffing assessment. In addition to other assessments in
101.6subdivision 3, the commission may assess up to $800,000 per year for supplemental
101.7staffing to implement requirements of this chapter. The amount in this subdivision shall
101.8be assessed to the several public utilities in proportion to their respective gross operating
101.9revenues from retail sales of gas or electric service within the state during the last calendar
101.10year, shall be deposited into an account in the special revenue fund, and appropriated to
101.11the commission. An assessment made under this subdivision is not subject to the cap on
101.12assessments provided in subdivision 3 or any other law.
101.13 Sec. 10. Minnesota Statutes 2008, section 326B.106, subdivision 12, is amended to
101.14read:
101.15 Subd. 12. Separate metering for electric service. The standards concerning heat
101.16loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
101.17that electrical service to individual dwelling units in buildings containing two or more
101.18units be separately metered, with individual metering readily accessible to the individual
101.19occupants. The standards authorized by this subdivision shall only apply to buildings
101.20constructed after the effective date of the amended standards. Buildings intended for
101.21occupancy primarily by persons who are 62 years of age or older or disabled, supportive
101.22housing, orwhich buildings that contain a majority of units not equipped with complete
101.23kitchen facilities, shall be exempt from the provisions of this subdivision. For purposes
101.24of this section, "supportive housing" means housing made available to individuals and
101.25families with multiple barriers to obtaining and maintaining housing, including those who
101.26are formerly homeless or at risk of homelessness and those who have a mental illness,
101.27substance abuse disorder, debilitating disease, or a combination of these conditions.
101.28 Sec. 11. [383B.1588] ENERGY FORWARD PRICING MECHANISMS.
101.29 Subdivision 1. Definitions. The following definitions apply in this section.
101.30(a) "Energy" means natural gas, heating oil, diesel fuel, unleaded fuel, or any other
101.31energy source, except electric, used in Hennepin County operations.
101.32(b) "Forward pricing mechanism" means either:
102.1(1) a contract or financial instrument that obligates Hennepin County to buy or sell a
102.2specified amount of an energy commodity at a future date and at a set price; or
102.3(2) an option to buy or sell the contract or financial instrument.
102.4 Subd. 2. Authority provided. Notwithstanding any other law to the contrary,
102.5the Hennepin County Board of Commissioners may use forward pricing mechanisms
102.6for budget risk reduction.
102.7 Subd. 3. Conditions. (a) Forward pricing transactions made under this section must
102.8be made only under the conditions in this subdivision.
102.9(b) The amount of energy forward priced must not exceed the estimated energy
102.10usage for Hennepin County operations for the period of time covered by the forward
102.11pricing mechanism.
102.12(c) The holding period and expiration date for any forward pricing mechanism must
102.13not exceed 24 months from the trade date of the transaction.
102.14(d) Separate accounts must be established for each operational energy for which
102.15forward pricing mechanisms are used under this section.
102.16 Subd. 4. Written policies and procedures. Before exercising authority under
102.17subdivision 2, the Hennepin County Board of Commissioners must have written policies
102.18and procedures governing the use of forward pricing mechanisms.
102.19 Subd. 5. Oversight process. (a) Before exercising authority under subdivision 2,
102.20the Hennepin County Board of Commissioners must establish an oversight process that
102.21provides for review of the county's used of forward pricing mechanisms.
102.22(b) The process must include:
102.23(1) internal or external audit reviews;
102.24(2) annual reports to, and review by, an internal investment committee; and
102.25(3) internal management control.
102.26EFFECTIVE DATE.This section is effective without local approval the day
102.27following final enactment as provided under Minnesota Statutes, section 645.023,
102.28subdivision 1, paragraph (a).
102.29 Sec. 12. [383B.82] WIND AND SOLAR BUSINESS ENTITY PARTICIPATION.
102.30To exercise the authority granted to counties under section 373.48, Hennepin County
102.31may be a limited partner in a partnership, a member of a limited liability company, or a
102.32shareholder in a corporation established for the purpose of constructing, acquiring, owning
102.33in whole or in part, financing, or operating a facility that generates electricity from wind
102.34or solar energy. Liability for Hennepin County is governed by section 466.04. Section
103.1466.04 also governs liability for a limited liability company or a corporation, either of
103.2which is wholly owned by Hennepin County and formed under this section.
103.3 Sec. 13. Laws 1981, chapter 222, section 1, is amended to read:
103.4 Section 1. MINNEAPOLIS AND ST. PAUL; RESIDENTIAL, COMMERCIAL,
103.5AND INDUSTRIAL ENERGY CONSERVATION PROGRAM; PURPOSE.
103.6The legislature finds and declares that the state faces potential serious shortages in
103.7energy resources and that implementing energy conservation measures requires expanded
103.8authority and technical capability in order to minimize the use of traditional energy
103.9sources in the housingsector, commercial, and industrial sectors; that accomplishing
103.10energy conservation is a public purpose; and that it is in the public interest to authorize
103.11the city of Minneapolis and the city of St. Paul to provideexisting single family, existing
103.12multifamily and existing rental housing residential, commercial, and industrial property
103.13loans for energy improvements.
103.14EFFECTIVE DATE.This section is effective the day following final enactment for
103.15each of the cities of Minneapolis and St. Paul without local approval under Minnesota
103.16Statutes, section 645.023, subdivision 1, paragraph (a).
103.17 Sec. 14. Laws 1981, chapter 222, section 2, is amended to read:
103.18 Sec. 2.RESIDENTIAL ENERGY CONSERVATION PROGRAM.
103.19Notwithstanding any provision of law or charter to the contrary the city of
103.20Minneapolis and the city of St. Paul, individually or jointly are authorized to develop and
103.21administer a program or programs for the making or purchasing of energy improvement or
103.22energy rehabilitation loans with respect tohousing residential, commercial, and industrial
103.23properties located anywhere within their respective boundaries on such terms and
103.24conditions as set forth in this act and an ordinance which shall be adopted by the governing
103.25body or bodies of the municipality or municipalities establishing the program. At least 75
103.26percent of the proceeds of each energy improvement or energy rehabilitation loan shall
103.27be used forhousing property repairs and, improvements, and equipment (1) which the
103.28city determines are (a) used or useful to conserve energy or (b) to convert or retrofit
103.29an existing structure for the purpose of using an energy source which does not depend
103.30on nuclear or nonrenewable petroleum based resources, and (2) which, when installed
103.31or completed, willwith respect to each housing unit directly result in a cost effective
103.32reduction of energy use from nuclear or nonrenewable petroleum based resources. The
103.33ordinance establishing the program shall establish the manner of determining whether the
103.34housing repairs and, improvements, and equipment will directly result in the required cost
104.1effective reduction of energy use. Loans may be made without regard to income level
104.2of the loan recipient, shall bear interest at a rate or rates as are established by the city or
104.3cities, shall be for a term of not to exceed 20 years, and may be secured by a mortgage
104.4or other security interest. The powers granted to each city by sections 1 to 5 of this act
104.5are supplemental and in addition to those granted by Minnesota Statutes, Chapter 462C,
104.6Chapter 469, and any other law or charter.
104.7EFFECTIVE DATE.This section is effective the day following final enactment for
104.8each of the cities of Minneapolis and St. Paul without local approval under Minnesota
104.9Statutes, section 645.023, subdivision 1, paragraph (a).
104.10 Sec. 15. Laws 1981, chapter 222, section 3, is amended to read:
104.11 Sec. 3. LIMITATIONS.
104.12A program may be established pursuant to this act only after the city establishing the
104.13program determines that:
104.14(1) There is a continued need to reduce consumption of energy from nonrenewable
104.15petroleum based resources.
104.16(2) There arehousing units properties within the jurisdiction of the city which are in
104.17need of energy improvements and energy rehabilitation.
104.18(3) Private sources of financing are not reasonably available to provide the needed
104.19loans for energy improvements and energy rehabilitation.
104.20(4) The types of energy improvements and energy rehabilitation will reduce the
104.21consumption of energy from nonrenewable petroleum based resources or from nuclear
104.22sources.
104.23Findings made by the city pursuant to this section shall be conclusive and final.
104.24EFFECTIVE DATE.This section is effective the day following final enactment for
104.25each of the cities of Minneapolis and St. Paul without local approval under Minnesota
104.26Statutes, section 645.023, subdivision 1, paragraph (a).
104.27 Sec. 16. Laws 1981, chapter 222, section 4, subdivision 2, is amended to read:
104.28 Subd. 2. Bonding and financial authority. Notwithstanding the provisions of any
104.29other law, general or special to the contrary, and in addition to the authority contained in
104.30any other law, the city of Minneapolis and the city of St. Paul individually or jointly may
104.31exercise any and all of the same powers in relation to the making or purchasing of loans
104.32or other securities and in the issuing of revenue bonds or obligations in furtherance of
104.33the programs authorized by sections 1 to 5 as the Minnesota housing finance agency is
105.1authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without
105.2regard to any of the limitations set forth in Minnesota Statutes, Chapters 462C or 475.
105.3The revenue bonds or obligations shall be payable from revenues from the program and
105.4other cityhousing programs. The revenue bonds or obligations may be payable from
105.5other sources of city revenue which are derived from federal sources other than general
105.6revenue sharing, or private grant sources. The city shall not levy or pledge to levy any
105.7ad valorem tax upon real property for the purpose of paying principal of or interest on
105.8revenue bonds or obligations.
105.9EFFECTIVE DATE.This section is effective the day following final enactment for
105.10each of the cities of Minneapolis and St. Paul without local approval under Minnesota
105.11Statutes, section 645.023, subdivision 1, paragraph (a).
105.12 Sec. 17. Laws 2009, chapter 37, article 2, section 13, is amended to read:
105.13 Sec. 13. APPROPRIATIONS; CANCELLATIONS.
105.14(a) The remaining balance of the fiscal year 2009 special revenue fund appropriation
105.15for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3,
105.16subdivision 4, is transferred and appropriated to the commissioner of employment and
105.17economic development for the purposes of green enterprise assistance under Minnesota
105.18Statutes, section116J.438 . This appropriation is available until spent.
105.19(b) The unencumbered balance of the fiscal year 2008 appropriation to the
105.20commissioner of commerce for the rural and energy development revolving loan
105.21fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and
105.22reappropriated to the commissioner of commerce as follows:
105.23(1) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges
105.24and Universities for the International Renewable Energy Technology Institute (IRETI) to
105.25be located at Minnesota State University, Mankato, as a public and private partnership to
105.26support applied research in renewable energy and energy efficiency to aid in the transfer of
105.27technology from Sweden to Minnesota and to support technology commercialization from
105.28companies located in Minnesota and throughout the world; and
105.29(2) the remaining balance is for a grant to the Board of Regents of the University of
105.30Minnesota for the initiative for renewable energy and the environment to fund start up
105.31costs related to a national solar testing and certification laboratory to test, rate, and certify
105.32the performance of equipment and devices that utilize solar energy for heating and cooling
105.33air and water and for generating electricity.
105.34This appropriation is available until expended.
106.1EFFECTIVE DATE.This section is effective the day following final enactment.
106.2 Sec. 18. Laws 2009, chapter 138, article 2, section 4, is amended to read:
106.3 Sec. 4. SMALL CITY ENERGY EFFICIENCY GRANT.
106.4 Subdivision 1. Program. The commissioner shall make a grant for an innovative
106.5residential and commercial energy efficiency program in a small rural city with a
106.6population under 4,000 located in the service area of Minnesota Power that is currently
106.7working with that utility, the county housing and redevelopment authority, and other
106.8state and local housing organizations to enhance energy efficiency for residents and
106.9businesses. Stimulus funds must be matched $1 for every $4 of stimulus funds granted
106.10under this section and are available to the extent of the match. The program must include
106.11the following elements:
106.12(1) provision of basic residential and commercial energy conservation measures;
106.13(2) provision of more comprehensive residential and commercial energy
106.14conservation measures, including extensive retrofits and appliance upgrades; and
106.15(3)a plan to establish a revolving loan fund so that the program is sustainable over
106.16time; and
106.17(4) innovative financing options allowing residents and businesses to finance energy
106.18efficiency improvements, at least in part, with energy savings.
106.19 Subd. 2. Report. ByJanuary 15, 2010, and October 30, 2010, the city must submit
106.20a report measuring and assessing the program's effectiveness and energy savings to the
106.21commissioner and the chairs and ranking minority members of the senate and house of
106.22representatives committees with primary jurisdiction over energy policy and finance.
106.23EFFECTIVE DATE.This section is effective the day following final enactment.
106.24 Sec. 19. URBAN TRANSMISSION LINE; CERTIFICATE OF NEED
106.25REQUIRED.
106.26(a) A high-voltage transmission line longer than one mile with a capacity of 100
106.27kilovolts or more that is located in a city of the first class in a zone within one mile of the
106.28transmission line in which population density exceeds 8,000 persons per square mile, and
106.29that runs parallel to and is within one-half mile of a below-grade bike and walking path
106.30that connects with other bike paths along a river, is subject to the provisions of Minnesota
106.31Statutes, section 216B.243.
106.32 (b) This section expires December 31, 2014.
107.1EFFECTIVE DATE.This section is effective the day following final enactment
107.2and applies only to high-voltage transmission lines described in this section that are the
107.3subject of an application for a route permit under Minnesota Statutes, chapter 216E, that is
107.4pending before the Public Utilities Commission on March 15, 2010.
107.5 Sec. 20. NEIGHBORHOOD ENERGY REDUCTION REPORT.
107.6 Subdivision 1. Report. (a) By February 15, 2011, an organization with experience
107.7in energy conservation and energy planning at the neighborhood level that serves as
107.8project manager must submit a report to the chairs and ranking minority members of the
107.9senate and house of representatives committees with primary jurisdiction over energy
107.10policy that contains the following information:
107.11(1) projections of the amount of energy that can be conserved and generated through
107.12the implementation of cost-effective energy efficiency investments; innovative energy
107.13storage projects, including thermal energy storage; smart-grid technologies; and energy
107.14produced from distributed generation projects fueled by solar photovoltaic and other
107.15renewable energy sources located in the focused study area designated in the application
107.16to the Minnesota Public Utilities Commission for a route permit for the high-voltage
107.17transmission line identified in section 19;
107.18(2) for each energy-reducing or energy-generating element recommended,
107.19estimates of the amount of energy conserved or generated, the reduction in peak demand
107.20requirements in the focused study area, and the cost per unit of energy saved or generated;
107.21and
107.22(3) an estimate of the number of green jobs that would be created through
107.23implementation of the report's recommendations.
107.24(b) Requests by the project manager for information from the utility serving the
107.25focused study area may be made after the service of notice of and order for hearing made
107.26under Minnesota Statutes, section 216B.243, for the project described in section 19.
107.27Information requests with respect to the study are governed by the rules for contested case
107.28hearings in Minnesota Rules, part 1400.6700.
107.29(c) The project manager may contract for portions of the work required to complete
107.30the report.
107.31 Subd. 2. Community steering committee. (a) The project manager shall convene
107.32a community steering committee to provide input to the report. Appointments to the
107.33steering committee must reflect the diversity of the focused study area, and include
107.34representatives of focused study area residents, including homeowners, building owners
108.1and renters, businesses, churches, other institutions, including the Midtown Community
108.2Works Partnership, local hospitals, and local elected officials representing the focused
108.3study area. All meetings held by the community steering committee or any subcommittees
108.4it creates must be public meetings, with advance notice given to the public.
108.5(b) The project manager shall seek to maximize the participation of focused study
108.6area residents, stakeholders, and institutions in recommending ideas to be included within
108.7the scope of the report and in reviewing initial and successive drafts of the report, including
108.8providing stipends for reasonable expenses when necessary to increase participation, but
108.9not including per diem payments. The project manager shall contact representatives of
108.10similar successful projects in other states to benefit from their experience and to learn
108.11about best practices for increasing public participation that can be replicated in Minnesota.
108.12The report must incorporate and respond to comments from the focused study area and
108.13the steering committee.
108.14 Subd. 3. Energy savings. The utility that serves the focused study area may apply
108.15energy savings resulting directly from the implementation of recommendations contained
108.16in the report regarding energy efficiency investments to its energy-savings goal under
108.17Minnesota Statutes, section 216B.241, subdivision 1c.
108.18 Subd. 4. Certificate of need process. No contested case evidentiary hearings for
108.19a certificate of need for the transmission line identified in section 19 may commence
108.20before April 1, 2011.
108.21EFFECTIVE DATE.This section is effective the day following final enactment.
108.22 Sec. 21. APPROPRIATION AND TRANSFER.
108.23(a) The utility subject to Minnesota Statutes, section 116C.779, shall transfer
108.24$90,000 from the renewable development account established under that section to the
108.25commissioner of commerce, who shall deposit it in the special revenue fund.
108.26(b) $90,000 from the money deposited in the special revenue fund under paragraph
108.27(a) is appropriated to the commissioner of commerce for transfer to the city of Minneapolis
108.28for a grant to an organization with experience in energy conservation and energy planning
108.29at the neighborhood level that is selected by the city, in consultation with the Midtown
108.30Greenway Coalition and representatives of the neighborhoods in which the high-voltage
108.31transmission line described in section 19 is proposed to be located, and after project
108.32proposals have been reviewed, to serve as project manager for the purpose of completing
108.33the report required under section 20.
108.34This is a onetime appropriation and is available until expended.
109.1 Sec. 22. REPEALER.
109.2Laws 1981, chapter 222, section 7, is repealed."
109.3Delete the title and insert:
109.5relating to state government; appropriating money from constitutionally dedicated
109.6funds; modifying certain statutory provisions and laws for environment, natural
109.7resources, outdoor heritage, and energy; modifying fees, accounts, disposition
109.8of certain receipts, and audit requirements; providing for certain registration,
109.9training, and licensing exemptions; modifying outdoor recreation and recreational
109.10vehicle provisions; modifying the Water Law; regulating public utilities;
109.11modifying and establishing programs; requiring studies and reports; modifying
109.12and requiring the transfer of appropriations; appropriating money;amending
109.13Minnesota Statutes 2008, sections 3.8851, subdivision 7; 3.9741, by adding a
109.14subdivision; 84.025, subdivision 9; 84.027, subdivision 15; 84.0856; 84.0857;
109.1584.415, by adding a subdivision; 84.777, subdivision 2; 84.788, subdivision
109.162; 84.798, subdivision 2; 84.82, subdivisions 3, 6, by adding a subdivision;
109.1784.8205, subdivision 1; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by
109.18adding a subdivision; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928,
109.19subdivision 5; 84D.10, by adding a subdivision; 84D.13, subdivision 5; 85.015,
109.20subdivision 14; 85.052, subdivision 4; 85.22, subdivision 5; 85.32, subdivision 1;
109.2185.41, subdivision 3; 85.42; 85.43; 85.46, as amended; 86B.301, subdivision 2;
109.2286B.501, by adding a subdivision; 88.17, subdivisions 1, 3; 88.79, subdivision 2;
109.2389.17; 90.041, by adding a subdivision; 90.121; 90.14; 97A.056, subdivision 5,
109.24by adding subdivisions; 97B.665, subdivision 2; 103A.305; 103B.702, by adding
109.25a subdivision; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301,
109.26subdivision 6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515,
109.27subdivision 5; 103G.615, subdivision 2; 115.55, by adding a subdivision; 116.07,
109.28subdivisions 4, 4h; 116C.779, subdivision 1; 116D.04, subdivision 2a, by adding
109.29a subdivision; 116J.437, subdivision 1; 216B.16, subdivisions 14, 15; 216B.2401;
109.30216B.62, by adding a subdivision; 290.431; 290.432; 326B.106, subdivision
109.3112; 473.1565, subdivision 2; Minnesota Statutes 2009 Supplement, sections
109.3284.415, subdivision 6; 84.793, subdivision 1; 84.922, subdivision 1a; 84.9275,
109.33subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 85.053, subdivision
109.3410; 85.53, subdivision 2, by adding a subdivision; 86A.09, subdivision 1;
109.3597A.056, subdivision 3; 103G.201; 114D.50, by adding a subdivision; 129D.17,
109.36subdivision 2; Laws 1981, chapter 222, sections 1; 2; 3; 4, subdivision 2;
109.37Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 138, article 2,
109.38section 4; Laws 2009, chapter 172, article 2, section 4; article 5, sections 8; 10;
109.39Laws 2010, chapter 215, article 3, section 4, subdivision 10; proposing coding
109.40for new law in Minnesota Statutes, chapters 103A; 103G; 116C; 216B; 383B;
109.41repealing Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1;
109.42103G.295; 103G.650; Minnesota Statutes 2009 Supplement, sections 3.3006;
109.4384.02, subdivisions 4a, 6a, 6b; 88.795; Laws 1981, chapter 222, section 7; Laws
109.442009, chapter 172, article 5, section 9."
1.3relating to state government; appropriating money from constitutionally
1.4dedicated funds; modifying appropriation to prevent water pollution from
1.5polycyclic aromatic hydrocarbons; modifying certain administrative accounts;
1.6modifying electronic transaction provisions; providing for certain registration
1.7exemptions; modifying all-terrain vehicle definitions; modifying all-terrain
1.8vehicle operation restrictions; modifying state trails and canoe and boating routes;
1.9modifying fees and disposition of certain receipts; modifying certain competitive
1.10bidding exemptions; modifying horse trail pass provisions; modifying beaver
1.11dam provisions; modifying the Water Law; modifying nongame wildlife
1.12checkoffs; establishing an Environment and Natural Resources Organization
1.13Advisory Committee to advise legislature and governor on new structure for
1.14administration of environment and natural resource policies; requiring an
1.15advisory committee to consider all powers and duties of Pollution Control
1.16Agency, Department of Natural Resources, Environmental Quality Board,
1.17Board of Water and Soil Resources, Petroleum Tank Release Compensation
1.18Board, Harmful Substances Compensation Board, and Agricultural Chemical
1.19Response Compensation Board and certain powers and duties of Departments
1.20of Agriculture, Health, Transportation, and Commerce; modifying method of
1.21determining value of acquired stream easements; providing for certain historic
1.22property exemption; modifying state forest acquisition provisions; modifying
1.23certain requirements for land sales; adding to and deleting from state parks
1.24and state forests; authorizing public and private sales, conveyances, and
1.25exchanges of certain state land; amending the definition of "green economy" to
1.26include the concept of "green chemistry;" clarifying that an appropriation is
1.27to the commissioner of commerce; establishing a program to provide rebates
1.28for solar photovoltaic modules; providing for community energy planning;
1.29modifying Legislative Energy Commission and Public Utilities Commission
1.30provisions; eliminating a legislative guide; appropriating money;amending
1.31Minnesota Statutes 2008, sections 3.8851, subdivision 7; 84.025, subdivision
1.329; 84.027, subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777,
1.33subdivision 2; 84.82, subdivision 3, by adding a subdivision; 84.92, subdivisions
1.349, 10; 84.922, subdivision 5, by adding a subdivision; 84.925, subdivision
1.351; 84.9256, subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40;
1.3685.015, subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41,
1.37subdivision 3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3;
1.3888.79, subdivision 2; 89.032, subdivision 2; 90.041, by adding a subdivision;
1.3990.121; 90.14; 97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3;
1.40103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2;
1.41103G.315, subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision
1.422; 115A.02; 116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by
1.43adding a subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota
2.1Statutes 2009 Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1;
2.284.9275, subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09,
2.3subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
2.4amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 176,
2.5article 4, section 9; Laws 2010, chapter 215, article 3, section 4, subdivision 10;
2.6proposing coding for new law in Minnesota Statutes, chapters 85; 103G; 116C;
2.7repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6,
2.87, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota Statutes
2.92009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009,
2.10chapter 172, article 5, section 8.
2.11May 12, 2010
2.12The Honorable James P. Metzen
2.13President of the Senate
2.14The Honorable Margaret Anderson Kelliher
2.15Speaker of the House of Representatives
2.16We, the undersigned conferees for S.F. No. 3275 report that we have agreed upon
2.17the items in dispute and recommend as follows:
2.18That the House recede from its amendments and that S.F. No. 3275 be further
2.19amended as follows:
2.20Delete everything after the enacting clause and insert:
| 2.23 |
Section 1. OUTDOOR HERITAGE APPROPRIATION. |
||||||
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
2.27figures "2010" and "2011" used in this article mean that the appropriations listed under
2.28them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
2.29"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
2.30is fiscal years 2010 and 2011. The appropriations in this article are onetime.
| 2.31 |
APPROPRIATIONS |
||||||
| 2.32 |
Available for the Year |
||||||
| 2.33 |
Ending June 30 |
||||||
| 2.34 |
2010 |
2011 |
|||||
| 2.35 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 2.36 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
58,939,000 |
||
2.38heritage fund. The amounts that may be
3.1spent for each purpose are specified in the
3.2following subdivisions.
| 3.3 |
Subd. 2.Prairies |
-0- |
18,093,000 |
||||
| 3.4 3.5 |
(a) Accelerated Prairie Grassland Restoration and Enhancement Program on DNR Lands |
||||||
3.7commissioner of natural resources to
3.8accelerate the protection, restoration, and
3.9enhancement of native prairie vegetation.
3.10A list of proposed land acquisitions,
3.11restorations, and enhancements, describing
3.12the types and locations of acquisitions,
3.13restorations, and enhancements, must
3.14be provided as part of the required
3.15accomplishment plan. All restorations must
3.16comply with subdivision 9, paragraph (b).
| 3.17 |
(b) The Green Corridor Legacy Program |
||||||
3.19commissioner of natural resources for
3.20an agreement with the Redwood Area
3.21Communities Foundation to acquire and
3.22restore land for purposes allowed under
3.23the Minnesota Constitution, article XI,
3.24section 15, in Redwood, Renville, Brown,
3.25Nicollet, Murray, Lyon, Yellow Medicine,
3.26Chippewa, and Cottonwood Counties to be
3.27added to the state outdoor recreation system
3.28as defined in Minnesota Statutes, chapter
3.2986A. A list of proposed fee title acquisitions
3.30must be provided as part of the required
3.31accomplishment plan. The commissioner of
3.32natural resources must agree in writing to
3.33each proposed acquisition. All restorations
3.34must comply with subdivision 9, paragraph
3.35(b).
| 4.1 4.2 |
(c) Prairie Heritage Fund - Acquisition and Restoration |
||||||
4.4commissioner of natural resources for an
4.5agreement with Pheasants Forever to acquire
4.6and restore land to be added to the state
4.7wildlife management area system. A list
4.8of proposed fee title acquisitions and a list
4.9of proposed restoration projects, describing
4.10the types and locations of restorations,
4.11must be provided as part of the required
4.12accomplishment plan. The commissioner of
4.13natural resources must agree in writing to
4.14each proposed acquisition. All restorations
4.15must comply with subdivision 9, paragraph
4.16(b).
| 4.17 4.18 |
(d) Northern Tallgrass Prairie National Wildlife Refuge Protection |
||||||
4.20commissioner of natural resources for an
4.21agreement with The Nature Conservancy
4.22to acquire land or permanent easements
4.23within the Northern Tallgrass Prairie Habitat
4.24Preservation Area in western Minnesota for
4.25addition to the Northern Tallgrass Prairie
4.26National Wildlife Refuge. A list of proposed
4.27fee title and permanent easement acquisitions
4.28must be provided as part of the required
4.29accomplishment plan. The accomplishment
4.30plan must include an easement stewardship
4.31plan.
| 4.32 |
(e) Rum River - Cedar Creek Initiative |
||||||
4.34commissioner of natural resources for an
4.35agreement with Anoka County to acquire fee
5.1title to land at the confluence of the Rum
5.2River and Cedar Creek in Anoka County.
5.3Land acquired in fee must remain open to
5.4hunting and fishing, consistent with the
5.5capacity of the land, during the open season,
5.6as determined in writing by the commissioner
5.7of natural resources. All restorations must
5.8comply with subdivision 9, paragraph (b).
| 5.9 |
(f) Minnesota Prairie Recovery Project |
||||||
5.11commissioner of natural resources for an
5.12agreement with The Nature Conservancy
5.13for a pilot project to acquire interests in
5.14land and restore and enhance prairie and
5.15prairie/wetland habitat in the prairie regions
5.16of western and southwestern Minnesota.
5.17The Nature Conservancy may acquire land
5.18in fee or through permanent conservation
5.19easements. A list of proposed fee title and
5.20permanent conservation easements, and a list
5.21of proposed restorations and enhancements,
5.22must be provided as part of the required
5.23accomplishment plan. All restorations must
5.24comply with subdivision 9, paragraph (b).
5.25The commissioner of natural resources must
5.26agree in writing to each acquisition of interest
5.27in land, restoration project, and enhancement
5.28project. The accomplishment plan must
5.29include an easement stewardship plan.
| 5.30 |
Subd. 3.Forests |
-0- |
5,603,000 |
||||
| 5.31 5.32 |
(a) Critical Shoreline Habitat Protection Program |
||||||
5.34commissioner of natural resources for an
5.35agreement with the Minnesota Land Trust to
6.1acquire permanent conservation easements
6.2protecting critical shoreline habitats in
6.3Koochiching, Cook, Lake, and St. Louis
6.4County portions of the northern forest
6.5area in northern Minnesota and provide
6.6stewardship for those easements. A list of
6.7proposed conservation easement acquisitions
6.8must be provided as part of the required
6.9accomplishment plan. The accomplishment
6.10plan must include an easement stewardship
6.11plan.
| 6.12 6.13 |
(b) Protect Key Industrial Forest Land Tracts in Central Minnesota |
||||||
6.15commissioner of natural resources for an
6.16agreement with Cass County to acquire lands
6.17that assist with gaining access for restoration
6.18and enhancement purposes to existing public
6.19land tracts. A list of proposed acquisitions
6.20must be provided as part of the required
6.21accomplishment plan.
| 6.22 6.23 |
(c) Little Nokasippi River Wildlife Management Area |
||||||
6.25commissioner of natural resources
6.26for acceleration of agency programs and
6.27cooperative agreements to acquire interests in
6.28land within the boundaries of the Minnesota
6.29National Guard Army compatible use buffer
6.30(ACUB) program. Of this appropriation,
6.31$225,000 is for the Department of Natural
6.32Resources to acquire land for wildlife
6.33management areas and $618,000 is for an
6.34agreement with the Board of Water and Soil
6.35Resources to acquire permanent conservation
6.36easements. A list of proposed acquisitions
7.1must be provided as part of the required
7.2accomplishment plan.
| 7.3 7.4 |
(d) Accelerated Forest Wildlife Habitat Program |
||||||
7.6commissioner of natural resources for
7.7acceleration of agency programs to acquire,
7.8in fee, land for state forests and restore and
7.9enhance state forest habitat. A list of projects
7.10including proposed fee title acquisitions
7.11and restorations and enhancements must
7.12be provided as part of the required
7.13accomplishment plan. All restorations must
7.14comply with subdivision 9, paragraph (b).
| 7.15 7.16 |
(e) Northeastern Minnesota Sharp-Tailed Grouse Habitat |
||||||
7.18commissioner of natural resources for an
7.19agreement with Pheasants Forever to acquire
7.20interests in land, and to restore and enhance
7.21habitat for sharp-tailed grouse in Kanabec,
7.22Aitkin, and St. Louis Counties in cooperation
7.23with the Minnesota Sharp-Tailed Grouse
7.24Society. A list of proposed acquisitions
7.25and a list of proposed restorations and
7.26enhancements must be provided as part of
7.27the required accomplishment plan. The
7.28commissioner of natural resources must
7.29agree in writing to each acquisition of interest
7.30in land, restoration project, and enhancement
7.31project. All restorations must comply with
7.32subdivision 9, paragraph (b).
| 7.33 |
Subd. 4.Wetlands |
-0- |
16,905,000 |
||||
| 7.34 7.35 |
(a) Accelerated Shallow Lake and Wetland Enhancement and Restoration Program |
||||||
8.2commissioner of natural resources to assess,
8.3enhance, and restore shallow lake and
8.4wetland habitats, to acquire land in fee or
8.5through permanent conservation easements
8.6for shallow lake program restoration, and to
8.7provide stewardship for acquired easements
8.8in cooperation with Ducks Unlimited, Inc.
8.9Of this appropriation, $1,463,000 is for the
8.10Department of Natural Resources agency
8.11program acceleration and $5,042,000 is for
8.12an agreement with Ducks Unlimited, Inc. A
8.13list of proposed projects, describing the types
8.14and locations of land acquisitions, restoration
8.15projects, and enhancement projects,
8.16must be provided as part of the required
8.17accomplishment plan. The commissioner
8.18of natural resources must agree in writing
8.19to each acquisition, restoration project, and
8.20enhancement project. The accomplishment
8.21plan must include an easement stewardship
8.22plan. All restorations must comply with
8.23subdivision 9, paragraph (b).
| 8.24 8.25 |
(b) Accelerate the Waterfowl Production Area Program in Minnesota |
||||||
8.27commissioner of natural resources for
8.28an agreement with Pheasants Forever to
8.29acquire and restore wetland and related
8.30upland habitats, in cooperation with the
8.31United States Fish and Wildlife Service
8.32and Ducks Unlimited, Inc., to be managed
8.33as waterfowl production areas. A list of
8.34proposed acquisitions and a list of proposed
8.35projects, describing the types and locations
8.36of restorations, must be provided as part
9.1of the required accomplishment plan. All
9.2restorations must comply with subdivision
9.39, paragraph (b).
| 9.4 9.5 |
(c) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration |
||||||
9.7of Water and Soil Resources to acquire
9.8permanent conservation easements and
9.9restore wetlands and associated uplands
9.10in cooperation with the United States
9.11Department of Agriculture Wetlands Reserve
9.12Program. A list of proposed acquisitions
9.13and a list of proposed projects, describing
9.14the types and locations of restorations,
9.15must be provided as part of the required
9.16accomplishment plan. All restorations must
9.17comply with subdivision 9, paragraph (b).
| 9.18 |
Subd. 5.Habitat |
-0- |
17,563,000 |
||||
| 9.19 |
(a) Metro Big Rivers Habitat Program |
||||||
9.21the commissioner of natural resources
9.22for agreements for projects to protect,
9.23restore, and enhance natural systems of
9.24the Minnesota River, St. Croix River,
9.25Mississippi River, and their major tributaries
9.26as follows: $500,000 with Minnesota Valley
9.27National Wildlife Refuge Trust, Inc. for
9.28fee title land acquisition; $1,500,000 with
9.29the Trust for Public Land for fee title land
9.30acquisition; $227,300 with the Friends
9.31of the Mississippi River for restoration,
9.32enhancement, and conservation easement
9.33acquisition; and $169,700 with Great River
9.34Greening for restoration and enhancement.
9.35The accomplishment plan must include an
10.1easement stewardship plan. All restorations
10.2must comply with subdivision 9, paragraph
10.3(b).
| 10.4 10.5 |
(b) Accelerated Aquatic Management Area Acquisition |
||||||
10.7commissioner of natural resources to
10.8accelerate land acquisition by fee title and
10.9easements to be added to the state aquatic
10.10management area system as defined in
10.11Minnesota Statutes, chapter 86A, and to
10.12restore and enhance stream habitat and lake
10.13habitat. Land acquired in fee must remain
10.14open to hunting and fishing, consistent
10.15with the capacity of the land, during the
10.16open season, as determined in writing by
10.17the commissioner of natural resources.
10.18A list of proposed fee title and easement
10.19acquisitions, stream habitat restorations and
10.20enhancements, and lake habitat restorations
10.21and enhancements must be provided as part
10.22of the required accomplishment plan.
| 10.23 10.24 |
(c) Cold Water River and Stream Restoration, Protection, and Enhancement |
||||||
10.26commissioner of natural resources for
10.27an agreement with Trout Unlimited to
10.28restore, enhance, and protect cold water
10.29river and stream habitats in Minnesota. A
10.30list of proposed acquisitions and a list of
10.31proposed projects, describing the types and
10.32locations of restorations and enhancements,
10.33must be provided as part of the required
10.34accomplishment plan. The commissioner of
10.35natural resources must agree in writing to
10.36each proposed acquisition, restoration, and
11.1enhancement. All restorations must comply
11.2with subdivision 9, paragraph (b).
| 11.3 11.4 |
(d) Dakota County Riparian and Lakeshore Protection and Restoration |
||||||
11.6commissioner of natural resources for
11.7an agreement with Dakota County for
11.8acquisition of permanent easements and
11.9enhancement and restoration of aquatic
11.10and associated upland habitat. A list of
11.11proposed acquisitions and restorations
11.12must be provided as part of the required
11.13accomplishment plan. The accomplishment
11.14plan must include an easement stewardship
11.15plan. All restorations must comply with
11.16subdivision 9, paragraph (b).
| 11.17 |
(e) Valley Creek Protection Partnership |
||||||
11.19commissioner of natural resources for
11.20agreements on projects to protect, restore,
11.21and enhance natural systems of Valley Creek
11.22in Washington County as follows: $838,000
11.23with Minnesota Land Trust; $218,000 with
11.24Washington County; $100,000 with the
11.25Belwin Conservancy; $50,000 with Trout
11.26Unlimited; and $12,000 with the Valley
11.27Branch Watershed District. All restorations
11.28must comply with subdivision 9, paragraph
11.29(b).
| 11.30 11.31 |
(f) Anoka Sand Plain Restoration and Enhancement |
||||||
11.33commissioner of natural resources for
11.34an agreement with Great River Greening
11.35to restore and enhance habitat on public
12.1property in the Anoka Sand Plain in Anoka,
12.2Chisago, Isanti, Benton, Washington,
12.3Morrison, and Sherburne Counties. All
12.4restorations must comply with subdivision
12.59, paragraph (b).
| 12.6 12.7 |
(g) Lower Mississippi River Habitat Restoration Acceleration |
||||||
12.9the commissioner of natural resources
12.10to accelerate agency programs and for
12.11cooperative agreements to acquire land in
12.12the Root River watershed. A list of proposed
12.13acquisitions must be provided as part of
12.14the required accomplishment plan. The
12.15commissioner of natural resources must
12.16agree in writing to each proposed acquisition,
12.17restoration, and enhancement. All
12.18restorations must comply with subdivision
12.199, paragraph (b).
| 12.20 12.21 |
(h) Washington County St. Croix River Land Protection |
||||||
12.23commissioner of natural resources for an
12.24agreement with Washington County to
12.25acquire permanent easements to protect
12.26habitat associated with the St. Croix River
12.27Valley. A list of proposed acquisitions
12.28must be provided as part of the required
12.29accomplishment plan. The accomplishment
12.30plan must include an easement stewardship
12.31plan.
| 12.32 12.33 |
(i) Outdoor Heritage Conservation Partners Grant Program |
||||||
12.35commissioner of natural resources for a
13.1program to provide competitive, matching
13.2grants of up to $400,000 to local, regional,
13.3state, and national organizations, including
13.4government, for enhancement, restoration,
13.5or protection of forests, wetlands, prairies,
13.6and habitat for fish, game, or wildlife
13.7in Minnesota. Up to four percent of
13.8this appropriation may be used by the
13.9commissioner of natural resources for
13.10administering the grant program. Grantees
13.11may acquire land or interests in land.
13.12Easements must be permanent. Land
13.13acquired in fee must be open to hunting
13.14and fishing during the open season unless
13.15otherwise provided by state law. The
13.16commissioner of natural resources must
13.17agree in writing to each proposed acquisition
13.18of land or interest in land. The program
13.19shall require a match of at least ten percent
13.20from nonstate sources for grants of $100,000
13.21or less and a match of at least 15 percent
13.22from nonstate sources for grants over
13.23$100,000. Up to one-third of the match
13.24may be in-kind resources. The criteria
13.25for evaluating grant applications must
13.26include, in a balanced and equally weighted
13.27order of precedence, the amount of habitat
13.28restored, enhanced, or protected; local
13.29support; degree of collaboration; urgency;
13.30capacity to achieve multiple benefits;
13.31habitat benefits provided; consistency with
13.32current conservation science; adjacency
13.33to protected lands; full funding of the
13.34project; supplementing existing funding;
13.35public access for hunting and fishing during
13.36the open season; sustainability; and use
14.1of native plant materials. All projects
14.2must conform to the Minnesota statewide
14.3conservation and preservation plan. Wildlife
14.4habitat projects must also conform to the
14.5Minnesota wildlife action plan. Subject to
14.6the evaluation criteria and requirements
14.7of this paragraph and Minnesota Statutes,
14.8the commissioner of natural resources
14.9shall give priority to organizations that
14.10have a history or charter to receive private
14.11contributions for local conservation or
14.12habitat projects when evaluating projects of
14.13equal value. Priority may be given to projects
14.14acquiring land or easements associated
14.15with existing wildlife management areas.
14.16All restoration or enhancement projects
14.17must be on land permanently protected by
14.18conservation easement or public ownership
14.19or in public waters as defined in Minnesota
14.20Statutes, section 103G.005, subdivision 15.
14.21Subdivision 9 applies to grants awarded
14.22under this paragraph. All restorations must
14.23comply with subdivision 9, paragraph (b).
14.24This appropriation is available until June
14.2530, 2014, at which time all grant project
14.26work must be completed and final products
14.27delivered, unless an earlier date is specified
14.28in the grant agreement. No less than five
14.29percent of the amount of each grant must
14.30be held back from reimbursement until
14.31the grant recipient has completed a grant
14.32accomplishment report by the deadline and
14.33in the form prescribed by and satisfactory to
14.34the Lessard-Sams Outdoor Heritage Council.
| 14.35 |
Subd. 6.Administration and Other |
0 |
775,000 |
||||
| 14.36 |
(a) Contract Management |
||||||
15.2commissioner of natural resources for
15.3contract management duties assigned in this
15.4section.
| 15.5 |
(b) Legislative Coordinating Commission |
||||||
15.7Legislative Coordinating Commission for
15.8administrative expenses of the Lessard-Sams
15.9Outdoor Heritage Council and for
15.10compensation and expense reimbursement
15.11of council members.
| 15.12 |
Subd. 7.Availability of Appropriation |
||||||
15.14not be spent on activities unless they are
15.15directly related to and necessary for a
15.16specific appropriation and are specified in the
15.17accomplishment plan. Money appropriated
15.18in this section must not be spent on indirect
15.19costs or other institutional overhead charges.
15.20Unless otherwise provided, the amounts
15.21in this section are available until June 30,
15.222013, when projects must be completed and
15.23final accomplishments reported. Funds for
15.24restoration or enhancement are available
15.25until June 30, 2015, or four years after
15.26acquisition, whichever is later, in order to
15.27complete restoration or enhancement work.
15.28If a project receives federal funds, the time
15.29period of the appropriation is extended to
15.30equal the availability of federal funding.
15.31Funds appropriated for fee title acquisition of
15.32land may be used to restore and enhance land
15.33acquired with the appropriation.
| 15.34 |
Subd. 8.Accomplishment Plans |
||||||
16.2appropriations made by this section that the
16.3agency or entity using the appropriation shall
16.4submit to the council an accomplishment
16.5plan and periodic accomplishment
16.6reports in the form determined by the
16.7Lessard-Sams Outdoor Heritage Council.
16.8The accomplishment plan must account for
16.9the use of the appropriation and outcomes
16.10of the expenditure in measures of wetlands,
16.11prairies, forests, and fish, game, and wildlife
16.12habitat restored, protected, and enhanced.
16.13The plan must include an evaluation of
16.14results. None of the money provided in this
16.15section may be expended unless the council
16.16has approved the pertinent accomplishment
16.17plan.
| 16.18 |
Subd. 9.Project Requirements |
||||||
16.20appropriation in this section, any agency
16.21or entity receiving an appropriation must
16.22comply with this subdivision for any project
16.23funded in whole or in part with funds from
16.24the appropriation.
16.25(b) To the extent possible, a person
16.26conducting restoration with money
16.27appropriated in this section must plant
16.28vegetation or sow seed only of ecotypes
16.29native to Minnesota, and preferably of the
16.30local ecotype, using a high diversity of
16.31species originating from as close to the
16.32restoration site as possible, and protect
16.33existing native prairies, grasslands, forests,
16.34wetlands, and other aquatic systems from
16.35genetic contamination.
17.1(c) All conservation easements acquired with
17.2money appropriated in this section must: (1)
17.3be permanent; (2) specify the parties to an
17.4easement; (3) specify all of the provisions
17.5of an agreement that are permanent; (4)
17.6specify the habitat types and location
17.7being protected; (5) where appropriate for
17.8conservation or water protection outcomes,
17.9require the grantor to employ practices
17.10retaining water on the eased land as long as
17.11practicable; (6) specify the responsibilities
17.12of the parties for habitat enhancement and
17.13restoration and the associated costs of these
17.14activities; (7) be sent to the office of the
17.15Lessard-Sams Outdoor Heritage Council; (8)
17.16include a long-term stewardship plan and
17.17identify the sources and amount of funding
17.18for monitoring and enforcing the easement
17.19agreement; and (9) identify the parties
17.20responsible for monitoring and enforcing the
17.21easement agreement.
17.22(d) For all restorations, a recipient must
17.23prepare and retain an ecological restoration
17.24and management plan that, to the degree
17.25practicable, is consistent with current
17.26conservation science and ecological goals
17.27for the restoration site. Consideration should
17.28be given to soil, geology, topography, and
17.29other relevant factors that would provide
17.30the best chance for long-term success of the
17.31restoration projects. The plan shall include
17.32the proposed timetable for implementing
17.33the restoration, including, but not limited
17.34to, site preparation, establishment of
17.35diverse plant species, maintenance, and
17.36additional enhancement to establish the
18.1restoration; identify long-term maintenance
18.2and management needs of the restoration
18.3and how the maintenance, management, and
18.4enhancement will be financed; and use the
18.5current conservation science to achieve the
18.6best restoration.
18.7(e) For new lands acquired, a recipient
18.8must prepare a restoration and management
18.9plan in compliance with paragraph (d),
18.10including identification of sufficient funding
18.11for implementation.
18.12(f) To ensure public accountability for the
18.13use of public funds, a recipient must provide
18.14to the Lessard-Sams Outdoor Heritage
18.15Council documentation of the selection
18.16process used to identify parcels acquired
18.17in fee or permanent conservation easement
18.18and provide the council with documentation
18.19of all related transaction costs, including,
18.20but not limited to, appraisals, legal fees,
18.21recording fees, commissions, other similar
18.22costs, and donations. This information
18.23must be provided for all parties involved
18.24in the transaction. The recipient shall
18.25also report to the Lessard-Sams Outdoor
18.26Heritage Council any difference between the
18.27acquisition amount paid to the seller and the
18.28state-certified or state-reviewed appraisal, if
18.29a state-certified or state-reviewed appraisal
18.30was conducted. Acquisition data such
18.31as appraisals may remain private during
18.32negotiations but must ultimately be made
18.33public according to Minnesota Statutes,
18.34chapter 13.
19.1(g) Except as otherwise provided in this
19.2section, all restoration and enhancement
19.3projects funded with money appropriated in
19.4this section must be on land permanently
19.5protected by a conservation easement or
19.6public ownership or in public waters as
19.7defined in Minnesota Statutes, section
19.8103G.005, subdivision 15.
19.9(h) To the extent an appropriation is used to
19.10acquire an interest in real property, a recipient
19.11of an appropriation under this section must
19.12provide to the Lessard-Sams Outdoor
19.13Heritage Council and the commissioner
19.14of management and budget an analysis of
19.15increased operations and maintenance costs
19.16likely to be incurred by public entities as
19.17a result of the acquisition and of how these
19.18costs are to be paid.
19.19(i) A recipient of money from an
19.20appropriation in this section must give
19.21consideration to and make timely written
19.22contact with the Minnesota Conservation
19.23Corps or its successor for consideration of
19.24possible use of their services to contract for
19.25restoration and enhancement services. A
19.26copy of the written contact must be filed with
19.27the Lessard-Sams Outdoor Heritage Council
19.28within 15 days of execution.
19.29(j) A recipient of money from this section
19.30must erect signage according to Laws 2009,
19.31chapter 172, article 5, section 10.
| 19.32 19.33 |
Subd. 10.Payment Conditions and Capital Equipment Expenditures |
||||||
19.35to in this section must be administered on
20.1a reimbursement basis unless otherwise
20.2provided in this section. Notwithstanding
20.3Minnesota Statutes, section 16A.41,
20.4expenditures directly related to each
20.5appropriation's purpose made on or after July
20.61, 2010, are eligible for reimbursement unless
20.7otherwise provided in this section. Periodic
20.8reimbursement must be made upon receiving
20.9documentation that the deliverable items
20.10articulated in the approved accomplishment
20.11plan have been achieved, including partial
20.12achievements as evidenced by approved
20.13progress reports. Reasonable amounts may
20.14be advanced to projects to accommodate
20.15cash flow needs or to match federal share.
20.16The advances must be approved as part of
20.17the accomplishment plan. Capital equipment
20.18expenditures for specific items in excess of
20.19$10,000 must be approved as part of the
20.20accomplishment plan.
| 20.21 20.22 |
Subd. 11.Purchase of Recycled and Recyclable Materials |
||||||
20.24corporation, or other entity that receives an
20.25appropriation in this section must use the
20.26appropriation in compliance with Minnesota
20.27Statutes, section 16B.121, regarding
20.28purchase of recycled, repairable, and durable
20.29materials, and section 16B.122, regarding
20.30purchase and use of paper stock and printing.
| 20.31 |
Subd. 12.Accessibility |
||||||
20.33meet the design standards in the Americans
20.34with Disabilities Act (ADA) accessibility
20.35guidelines.
| 21.1 |
Subd. 13.Land Acquisition Restrictions |
||||||
21.3not limited to, an easement or fee title, that
21.4is acquired with money appropriated under
21.5this section must be used in perpetuity or for
21.6the specific term of an easement interest for
21.7the purpose for which the appropriation was
21.8made.
21.9(b) A recipient of funding who acquires
21.10an interest in real property subject to this
21.11subdivision may not alter the intended use
21.12of the interest in real property or convey
21.13any interest in the real property acquired
21.14with the appropriation without the prior
21.15review and approval of the Lessard-Sams
21.16Outdoor Heritage Council or its successor.
21.17The council shall notify the chairs and
21.18ranking minority members of the legislative
21.19committees and divisions with jurisdiction
21.20over the outdoor heritage fund at least 15
21.21business days before approval under this
21.22paragraph. The council shall establish
21.23procedures to review requests from recipients
21.24to alter the use of or convey an interest in
21.25real property. These procedures shall allow
21.26for the replacement of the interest in real
21.27property with another interest in real property
21.28meeting the following criteria: (1) the
21.29interest is at least equal in fair market value,
21.30as certified by the commissioner of natural
21.31resources, to the interest being replaced; and
21.32(2) the interest is in a reasonably equivalent
21.33location and has a reasonably equivalent
21.34useful conservation purpose compared to the
21.35interest being replaced.
22.1(c) A recipient of funding who acquires an
22.2interest in real property under paragraph
22.3(a) must separately record a notice of
22.4funding restrictions in the appropriate local
22.5government office where the conveyance
22.6of the interest in real property is filed. The
22.7notice of funding agreement must contain:
22.8(1) a legal description of the interest in real
22.9property covered by the funding agreement;
22.10(2) a reference to the underlying funding
22.11agreement; (3) a reference to this section; and
22.12(4) the following statement: "This interest
22.13in real property shall be administered in
22.14accordance with the terms, conditions, and
22.15purposes of the grant agreement controlling
22.16the acquisition of the property. The interest
22.17in real property, or any portion of the interest
22.18in real property, shall not be sold, transferred,
22.19pledged, or otherwise disposed of or further
22.20encumbered without obtaining the prior
22.21written approval of the Lessard-Sams
22.22Outdoor Heritage Council or its successor.
22.23The ownership of the interest in real property
22.24shall transfer to the state if: (1) the holder of
22.25the interest in real property fails to comply
22.26with the terms and conditions of the grant
22.27agreement or accomplishment plan; or
22.28(2) restrictions are placed on the land that
22.29preclude its use for the intended purpose as
22.30specified in the appropriation."
| 22.31 |
Subd. 14.Real Property Interest Report |
||||||
22.33money appropriated under this section that
22.34is used for the acquisition of an interest in
22.35real property, including, but not limited to,
22.36an easement or fee title, must submit annual
23.1reports on the status of the real property to
23.2the Lessard-Sams Outdoor Heritage Council
23.3or its successor in a form determined by the
23.4council. The responsibility for reporting
23.5under this section may be transferred by
23.6the recipient of the appropriation to another
23.7person or entity that holds the interest in the
23.8real property. To complete the transfer of
23.9reporting responsibility, the recipient of the
23.10appropriation must: (1) inform the person to
23.11whom the responsibility is transferred of that
23.12person's reporting responsibility; (2) inform
23.13the person to whom the responsibility is
23.14transferred of the property restrictions under
23.15subdivision 13; (3) provide written notice
23.16to the council of the transfer of reporting
23.17responsibility, including contact information
23.18for the person to whom the responsibility is
23.19transferred; and (4) provide the Lessard-Sams
23.20Outdoor Heritage Council or its successor
23.21written documentation from the person or
23.22entity holding the interest in real property
23.23certifying its acceptance of all reporting
23.24obligations and responsibilities previously
23.25held by the recipient of the appropriation.
23.26After the transfer, the person or entity that
23.27holds the interest in the real property is
23.28responsible for reporting requirements under
23.29this section.
| 23.30 |
Subd. 15.Successor Organizations |
||||||
23.32may approve the continuation of a project
23.33with an organization that has adopted a new
23.34name. Continuation of a project with an
23.35organization that has undergone a significant
23.36change in mission, structure, or purpose
24.1will require: (1) notice to the chairs of
24.2committees with relevant jurisdiction; and (2)
24.3presentation by the Lessard-Sams Outdoor
24.4Heritage Council of proposed legislation
24.5either ratifying or rejecting continued
24.6involvement with the new organization.
24.7 Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, is amended by adding a
24.8subdivision to read:
24.9 Subd. 5. Restoration evaluations. Beginning July 1, 2011, the commissioner of
24.10natural resources shall convene a technical evaluation panel comprised of five members,
24.11including one technical representative from the Board of Water and Soil Resources, one
24.12technical representative from the Department of Natural Resources, one technical expert
24.13from the University of Minnesota or the Minnesota State Colleges and Universities,
24.14and two other representatives with expertise related to the project being evaluated.
24.15The commissioner may add a technical representative from a unit of federal or local
24.16government. The members of the technical evaluation panel may not be associated with
24.17the restoration, may vary depending upon the projects being reviewed, and shall avoid any
24.18potential conflicts of interest. Each year, the commissioner shall assign a coordinator to
24.19identify a sample of up to ten habitat restoration projects completed with parks and trails
24.20funding. The coordinator shall secure the restoration plans for the projects specified and
24.21direct the technical evaluation panel to evaluate the restorations relative to the law, current
24.22science, and the stated goals and standards in the restoration plan and, when applicable, to
24.23the Board of Water and Soil Resources' native vegetation establishment and enhancement
24.24guidelines. The coordinator shall summarize the findings of the panel and provide a report
24.25to the chairs of the respective house of representatives and senate policy and finance
24.26committees with jurisdiction over natural resources and spending from the parks and
24.27trails fund. The report shall determine if the restorations are meeting planned goals, any
24.28problems with the implementation of restorations, and, if necessary, recommendations on
24.29improving restorations. The report shall be focused on improving future restorations. Up
24.30to one-tenth of one percent of forecasted receipts from the parks and trails fund may be
24.31used for restoration evaluations under this section.
24.32 Sec. 4. Minnesota Statutes 2009 Supplement, section 97A.056, subdivision 3, is
24.33amended to read:
25.1 Subd. 3. Council recommendations. (a) The council shall make recommendations
25.2to the legislature on appropriations of money from the outdoor heritage fund that are
25.3consistent with the Constitution and state law and that will achieve the outcomes of
25.4existing natural resource plans, including, but not limited to, the Minnesota Statewide
25.5Conservation and Preservation Plan, that directly relate to the restoration, protection, and
25.6enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that
25.7prevent forest fragmentation, encourage forest consolidation, and expand restored native
25.8prairie. In making recommendations, the council shall consider a range of options that
25.9would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish,
25.10game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that
25.11would limit the council from considering options that are consistent with the Constitution.
25.12The council shall submit its initial recommendations to the legislature no later than April 1,
25.132009. Subsequent recommendations shall be submitted no later than January 15 each year.
25.14The council shall present its recommendations to the senate and house of representatives
25.15committees with jurisdiction over the environment and natural resources budget by
25.16February 15 in odd-numbered years, and within the first four weeks of the legislative
25.17session in even-numbered years. The council's budget recommendations to the legislature
25.18shall be separate from the Department of Natural Resource's budget recommendations.
25.19 (b) To encourage and support local conservation efforts, the council shall establish a
25.20conservation partners program. Local, regional, state, or national organizations may apply
25.21for matching grants for restoration, protection, and enhancement of wetlands, prairies,
25.22forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
25.23encouragement of forest consolidation, and expansion of restored native prairie.
25.24 (c) The council may work with the Clean Water Council to identify projects that
25.25are consistent with both the purpose of the outdoor heritage fund and the purpose of
25.26the clean water fund.
25.27 (d) The council may make recommendations to the Legislative-Citizen Commission
25.28on Minnesota Resources on scientific research that will assist in restoring, protecting, and
25.29enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
25.30forest fragmentation, encouraging forest consolidation, and expanding restored native
25.31prairie.
25.32 (e) Recommendations of the council, including approval of recommendations for the
25.33outdoor heritage fund, require an affirmative vote of at least nine members of the council.
25.34(f) The council may work with the Clean Water Council, the Legislative-Citizen
25.35Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
26.1water conservation districts, and experts from Minnesota State Colleges and Universities
26.2and the University of Minnesota in developing the council's recommendations.
26.3(g) The council shall develop and implement a process that ensures that citizens
26.4and potential recipients of funds are included throughout the process, including the
26.5development and finalization of the council's recommendations. The process must include
26.6a fair, equitable, and thorough process for reviewing requests for funding and a clear and
26.7easily understood process for ranking projects.
26.8(h) The council shall use the regions of the state based upon the ecological
26.9regions and subregions developed by the Department of Natural Resources and establish
26.10objectives for each region and subregion to achieve the purposes of the fund outlined
26.11in the state constitution.
26.12(i) The council shall develop and submit to the Legislative Coordinating Commission
26.13plans for the first ten years of funding, and a framework for 25 years of funding, consistent
26.14with statutory and constitutional requirements. The council may use existing plans from
26.15other legislative, state, and federal sources, as applicable.
26.16 Sec. 5. Minnesota Statutes 2008, section 97A.056, subdivision 5, is amended to read:
26.17 Subd. 5. Open meetings. (a) Meetings of the council and other groups the council
26.18may establish are subject to chapter 13D. Except where prohibited by law, the council
26.19shall establish additional processes to broaden public involvement in all aspects of its
26.20deliberations, including recording meetings, video conferencing, and publishing minutes.
26.21For the purposes of this subdivision, a meeting occurs when a quorum is present and the
26.22members receive information or take action on any matter relating to the duties of the
26.23council. The quorum requirement for the council shall be seven members.
26.24 (b) Travel to and from scheduled and publicly noticed site visits by council members
26.25for the purposes of receiving information is not a violation of paragraph (a). Any decision
26.26or agreement to make a decision during the travel is a violation of paragraph (a).
26.27(c) For legislative members of the council, enforcement of this subdivision is
26.28governed by section
26.29enforcement of this subdivision is governed by section
26.30 Sec. 6. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
26.31to read:
26.32 Subd. 8. Revenues. When a parcel of land that was previously purchased with
26.33outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the
26.34council and commissioner of natural resources:
27.1(1) all revenues generated from activities on the land from the time the land was
27.2purchased with outdoor heritage funds until the land was transferred to the state;
27.3(2) all holding costs associated with managing the land between the time of purchase
27.4with outdoor heritage funds and the time the land was transferred to the state; and
27.5(3) the total net revenues as determined by subtracting the costs described in clause
27.6(2) from the revenues described in clause (1).
27.7 Sec. 7. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
27.8to read:
27.9 Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage
27.10fund shall not be used to purchase any land in fee title or a permanent conservation
27.11easement if the land in question is fully or partially owned by the state of Minnesota
27.12or a political subdivision of the state, unless: (1) the purchase creates additional direct
27.13benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
27.14for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of
27.15at least nine members of the council. At least 15 business days prior to a decision under
27.16this subdivision, the council shall submit the planned decision item to the Legislative
27.17Coordinating Commission. The planned decision item takes effect 15 business days
27.18after it is submitted by the council.
27.19EFFECTIVE DATE.This section is effective July 1, 2010, and applies only to
27.20projects proposed after that date.
27.21 Sec. 8. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
27.22to read:
27.23 Subd. 10. Restoration evaluations. Beginning July 1, 2011, the commissioner of
27.24natural resources and the Board of Water and Soil Resources shall convene a technical
27.25evaluation panel comprised of five members, including one technical representative
27.26from the Board of Water and Soil Resources, one technical representative from the
27.27Department of Natural Resources, one technical expert from the University of Minnesota
27.28or the Minnesota State Colleges and Universities, and two representatives with expertise
27.29in the project being evaluated. The board and the commissioner may add a technical
27.30representative from a unit of federal or local government. The members of the technical
27.31evaluation panel may not be associated with the restoration, may vary depending upon
27.32the projects being reviewed, and shall avoid any potential conflicts of interest. Each year,
27.33the board and the commissioner shall assign a coordinator to identify a sample of up to
27.34ten habitat restoration projects completed with outdoor heritage funding. The coordinator
28.1shall secure the restoration plans for the projects specified and direct the technical
28.2evaluation panel to evaluate the restorations relative to the law, current science, and the
28.3stated goals and standards in the restoration plan and, when applicable, to the Board of
28.4Water and Soil Resources' native vegetation establishment and enhancement guidelines.
28.5The coordinator shall summarize the findings of the panel and provide a report to the chair
28.6of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of
28.7representatives and senate policy and finance committees with jurisdiction over natural
28.8resources and spending from the outdoor heritage fund. The report shall determine if
28.9the restorations are meeting planned goals, any problems with the implementation of
28.10restorations, and, if necessary, recommendations on improving restorations. The report
28.11shall be focused on improving future restorations. Up to one-tenth of one percent of
28.12forecasted receipts from the outdoor heritage fund may be used for restoration evaluations
28.13under this section.
28.14 Sec. 9. Minnesota Statutes 2009 Supplement, section 114D.50, is amended by adding a
28.15subdivision to read:
28.16 Subd. 6. Restoration evaluations. Beginning July 1, 2011, the Board of Water and
28.17Soil Resources shall convene a technical evaluation panel comprised of five members,
28.18including one technical representative from the Board of Water and Soil Resources, one
28.19technical representative from the Department of Natural Resources, one technical expert
28.20from the University of Minnesota or the Minnesota State Colleges and Universities, and
28.21two representatives with expertise related to the project being evaluated. The board may
28.22add a technical representative from a unit of federal or local government. The members
28.23of the technical evaluation panel may not be associated with the restoration, may vary
28.24depending upon the projects being reviewed, and shall avoid any potential conflicts of
28.25interest. Each year, the board shall assign a coordinator to identify a sample of up to ten
28.26habitat restoration projects completed with clean water funding. The coordinator shall
28.27secure the restoration plans for the projects specified and direct the technical evaluation
28.28panel to evaluate the restorations relative to the law, current science, and the stated
28.29goals and standards in the restoration plan and, when applicable, to the Board of Water
28.30and Soil Resources' native vegetation establishment and enhancement guidelines. The
28.31coordinator shall summarize the findings of the panel and provide a report to the chairs
28.32of the respective house of representatives and senate policy and finance committees
28.33with jurisdiction over natural resources and spending from the clean water fund. The
28.34report shall determine if the restorations are meeting planned goals, any problems with
28.35the implementation of restorations, and, if necessary, recommendations on improving
29.1restorations. The report shall be focused on improving future restorations. Up to one-tenth
29.2of one percent of forecasted receipts from the clean water fund may be used for restoration
29.3evaluations under this section.
29.4 Sec. 10. LAND MANAGEMENT RECOMMENDATIONS.
29.5The commissioner of management and budget, in consultation with the
29.6commissioner of natural resources and the Board of Water and Soil Resources, shall
29.7prepare recommendations to the legislature on methods to accomplish the reasonable
29.8management, care, restoration, and protection of land acquired in fee title or easement.
29.9The commissioner of management and budget shall submit a report to the chairs of the
29.10house of representatives and senate committees and divisions with jurisdiction over
29.11environment and natural resources finance and cultural and outdoor resources finance by
29.12January 15, 2011.
29.13 Sec. 11. REPEALER.
29.14Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a,
29.156a, and 6b, are repealed.
29.18 Section 1. Minnesota Statutes 2008, section 473.1565, subdivision 2, is amended to
29.19read:
29.20 Subd. 2. Advisory committee. (a) A Metropolitan Area Water Supply Advisory
29.21Committee is established to assist the council in its planning activities in subdivision 1.
29.22The advisory committee has the following membership:
29.23 (1) the commissioner of agriculture or the commissioner's designee;
29.24 (2) the commissioner of health or the commissioner's designee;
29.25 (3) the commissioner of natural resources or the commissioner's designee;
29.26 (4) the commissioner of the Pollution Control Agency or the commissioner's
29.27designee;
29.28 (5) two officials of counties that are located in the metropolitan area, appointed by
29.29the governor;
29.30 (6) five officials of noncounty local governmental units that are located in the
29.31metropolitan area, appointed by the governor;
29.32 (7) the chair of the Metropolitan Council or the chair's designee, who is chair of the
29.33advisory committee; and
30.1(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright,
30.2appointed by the governor.
30.3 A local government unit in each of the seven counties in the metropolitan area
30.4and Chisago, Isanti, Sherburne, and Wright Counties must be represented in the
30.511 appointments made under clauses (5),
30.6 (b) Members of the advisory committee appointed by the governor serve at the
30.7pleasure of the governor. Members of the advisory committee serve without compensation
30.8but may be reimbursed for their reasonable expenses as determined by the Metropolitan
30.9Council. The advisory committee expires December 31,
30.10 (c) The council must consider the work and recommendations of the advisory
30.11committee when the council is preparing its regional development framework.
30.12 Sec. 2. Laws 2009, chapter 172, article 2, section 4, is amended to read:
| 30.13 30.14 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
24,076,000 |
$ |
27,630,000 |
||
30.16the second year are to develop total
30.17maximum daily load (TMDL) studies and
30.18TMDL implementation plans for waters
30.19listed on the United States Environmental
30.20Protection Agency approved impaired
30.21waters list in accordance with Minnesota
30.22Statutes, chapter 114D. The agency shall
30.23complete an average of ten percent of the
30.24TMDLs each year over the biennium. Of
30.25this amount, $348,000 the first year is to
30.26retest the comprehensive assessment of the
30.27biological conditions of the lower Minnesota
30.28River and its tributaries within the Lower
30.29Minnesota River Major Watershed, as
30.30previously assessed from 1976 to 1992 under
30.31the Minnesota River Assessment Project
30.32(MRAP). The assessment must include the
30.33same fish species sampling at the same 116
30.34locations and the same macroinvertebrate
31.1sampling at the same 41 locations as the
31.2MRAP assessment. The assessment must:
31.3(1) include an analysis of the findings; and
31.4(2) identify factors that limit aquatic life in
31.5the Minnesota River.
31.6Of this amount, $250,000 the first year is
31.7for a pilot project for the development of
31.8total maximum daily load (TMDL) studies
31.9conducted on a watershed basis within
31.10the Buffalo River watershed in order to
31.11protect, enhance, and restore water quality
31.12in lakes, rivers, and streams. The pilot
31.13project shall include all necessary field
31.14work to develop TMDL studies for all
31.15impaired subwatersheds within the Buffalo
31.16River watershed and provide information
31.17necessary to complete reports for most of the
31.18remaining watersheds, including analysis of
31.19water quality data, identification of sources
31.20of water quality degradation and stressors,
31.21load allocation development, development
31.22of reports that provide protection plans
31.23for subwatersheds that meet water quality
31.24standards, and development of reports that
31.25provide information necessary to complete
31.26TMDL studies for subwatersheds that do not
31.27meet water quality standards, but are not
31.28listed as impaired.
31.29(b) $500,000 the first year is for development
31.30of an enhanced TMDL database to manage
31.31and track progress. Of this amount, $63,000
31.32the first year is to promulgate rules. By
31.33November 1, 2010, the commissioner shall
31.34submit a report to the chairs of the house of
31.35representatives and senate committees with
32.1jurisdiction over environment and natural
32.2resources finance on the outcomes achieved
32.3with this appropriation.
32.4(c) $1,500,000 the first year and $3,169,000
32.5the second year are for grants under
32.6Minnesota Statutes, section
32.7political subdivisions for up to 50 percent
32.8of the costs to predesign, design, and
32.9implement capital projects that use treated
32.10municipal wastewater instead of groundwater
32.11from drinking water aquifers, in order to
32.12demonstrate the beneficial use of wastewater,
32.13including the conservation and protection of
32.14water resources. Of this amount, $1,000,000
32.15the first year is for grants to ethanol plants
32.16that are within one and one-half miles of a
32.17city for improvements that reuse greater than
32.18300,000 gallons of wastewater per day.
32.19(d) $1,125,000 the first year and $1,125,000
32.20the second year are for groundwater
32.21assessment and drinking water protection to
32.22include:
32.23(1) the installation and sampling of at least
32.2430 new monitoring wells;
32.25(2) the analysis of samples from at least 40
32.26shallow monitoring wells each year for the
32.27presence of endocrine disrupting compounds;
32.28and
32.29(3) the completion of at least four to
32.30five groundwater models for TMDL and
32.31watershed plans.
32.32(e) $2,500,000 the first year is for the clean
32.33water partnership program. Priority shall be
32.34given to projects preventing impairments and
33.1degradation of lakes, rivers, streams, and
33.2groundwater in accordance with Minnesota
33.3Statutes, section
33.4clause (4). Any balance remaining in the first
33.5year does not cancel and is available for the
33.6second year.
33.7(f) $896,000 the first year is to establish
33.8a network of water monitoring sites, to
33.9include at least 20 additional sites, in public
33.10waters adjacent to wastewater treatment
33.11facilities across the state to assess levels of
33.12endocrine-disrupting compounds, antibiotic
33.13compounds, and pharmaceuticals as required
33.14in this article. The data must be placed on
33.15the agency's Web site.
33.16(g) $155,000 the first year is to provide
33.17notification of the potential for coal tar
33.18contamination, establish a storm water
33.19pond inventory schedule, and develop best
33.20management practices for treating and
33.21cleaning up contaminated sediments as
33.22required in this article.
33.23the second year is
33.24
33.25
33.26units of government for up to 50 percent of
33.27the costs to implement best management
33.28practices to treat or clean up contaminated
33.29sediments in storm water ponds and other
33.30waters as defined under this article. Local
33.31governments must have adopted an ordinance
33.32for the restricted use of undiluted coal tar
33.33sealants in order to be eligible for a grant,
33.34unless a statewide restriction has been
33.35implemented. A grant awarded under this
33.36paragraph must not exceed $100,000. Up to
34.1$145,000 of the appropriation in the second
34.2year may be used to complete work required
34.3under section 28, paragraph (c).
34.4(h) $350,000 the first year and
34.5$600,000 the second year are for a restoration
34.6project in the lower St. Louis River and
34.7Duluth harbor in order to improve water
34.8quality. This appropriation must be matched
34.9by nonstate money at a rate of at least $2 for
34.10every $1 of state money.
34.11(i) $150,000 the first year and $196,000 the
34.12second year are for grants to the Red River
34.13Watershed Management Board to enhance
34.14and expand existing river watch activities in
34.15the Red River of the North. The Red River
34.16Watershed Management Board shall provide
34.17a report that includes formal evaluation
34.18results from the river watch program to the
34.19commissioners of education and the Pollution
34.20Control Agency and to the legislative natural
34.21resources finance and policy committees
34.22and K-12 finance and policy committees by
34.23February 15, 2011.
34.24(j) $200,000 the first year and $300,000 the
34.25second year are for coordination with the
34.26state of Wisconsin and the National Park
34.27Service on comprehensive water monitoring
34.28and phosphorus reduction activities in the
34.29Lake St. Croix portion of the St. Croix
34.30River. The Pollution Control Agency
34.31shall work with the St. Croix Basin Water
34.32Resources Planning Team and the St. Croix
34.33River Association in implementing the
34.34water monitoring and phosphorus reduction
34.35activities. This appropriation is available
35.1to the extent matched by nonstate sources.
35.2Money not matched by November 15, 2010,
35.3cancels for this purpose and is available for
35.4the purposes of paragraph (a).
35.5(k) $7,500,000 the first year and $7,500,000
35.6the second year are for completion of 20
35.7percent of the needed statewide assessments
35.8of surface water quality and trends. Of this
35.9amount, $175,000 the first year and $200,000
35.10the second year are for monitoring and
35.11analyzing endocrine disruptors in surface
35.12waters.
35.13(l) $100,000 the first year and $150,000
35.14the second year are for civic engagement
35.15in TMDL development. The agency shall
35.16develop a plan for expenditures under
35.17this paragraph. The agency shall give
35.18consideration to civic engagement proposals
35.19from basin or sub-basin organizations,
35.20including the Mississippi Headwaters Board,
35.21the Minnesota River Joint Powers Board,
35.22Area II Minnesota River Basin Projects,
35.23and the Red River Basin Commission.
35.24By November 15, 2009, the plan shall be
35.25submitted to the house and senate chairs
35.26and ranking minority members of the
35.27environmental finance divisions.
35.28(m) $5,000,000 the second year is for
35.29groundwater protection or prevention of
35.30groundwater degradation activities. By
35.31January 15, 2010, the commissioner, in
35.32consultation with the commissioner of
35.33natural resources, the Board of Water and
35.34Soil Resources, and other agencies, shall
35.35submit a report to the chairs of the house of
36.1representatives and senate committees with
36.2jurisdiction over the clean water fund on the
36.3intended use of these funds. The legislature
36.4must approve expenditure of these funds by
36.5law.
36.6(n) $100,000 the first year and $100,000 the
36.7second year are for grants to the Star Lake
36.8Board established under Minnesota Statutes,
36.9section
36.10pilot program to focus on engaging citizen
36.11participation and fostering local partnerships
36.12by increasing citizen involvement in water
36.13quality enhancement by designating star
36.14lakes and rivers. The board shall include
36.15information on the results of this pilot
36.16program in its next biennial report under
36.17Minnesota Statutes, section
36.18second year grants are available only if
36.19the Board of Water and Soil Resources
36.20determines that the money granted in the first
36.21year furthered the water quality goals in the
36.22star lakes program in Minnesota Statutes,
36.23section
36.24paragraph beginning "(n) $100,000 the
36.25first year" was indicated as vetoed by the
36.26governor.)
36.27Notwithstanding Minnesota Statutes, section
36.29before June 30, 2011, as grants or contracts in
36.30this section are available until June 30, 2013.
36.31 Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
36.32The appropriations in fiscal years 2011 and 2012 to the Department of Natural
36.33Resources for high-resolution digital elevation data in Laws 2009, chapter 172, article 2,
36.34section 5, paragraph (d), are available until June 30, 2012.
37.1 Sec. 4. CLEAN WATER FUND APPROPRIATIONS.
37.2 Subdivision 1. Pollution Control Agency. $600,000 in fiscal year 2011 is
37.3appropriated from the clean water fund to the commissioner of the Pollution Control
37.4Agency to continue rulemaking to establish water quality standards for total nitrogen and
37.5nitrate nitrogen. This is a onetime appropriation.
37.6 Subd. 2. Department of Natural Resources. The $5,000,000 appropriated
37.7in Laws 2009, chapter 172, article 2, section 4, paragraph (m), for activities relating
37.8to groundwater protection or prevention of groundwater degradation is canceled and
37.9$4,000,000 is appropriated in fiscal year 2011 to the commissioner of natural resources for
37.10the following purposes:
37.11(1) establish a groundwater monitoring network in the 11-county metropolitan area
37.12that monitors non-stressed systems to provide information on aquifer characteristics and
37.13natural water level trends; and
37.14(2) develop an automated data system to capture groundwater level and water use
37.15data to enhance the evaluation of water resource changes in aquifer systems that are
37.16stressed by pumping of existing wells. This is a onetime appropriation and is available
37.17until spent. The base funding for this program in fiscal year 2012 is $1,000,000 and $0
37.18in fiscal year 2013.
37.19 Sec. 5. APPROPRIATION; WATER SUPPLY PLANNING ACTIVITIES.
37.20$400,000 is appropriated in fiscal year 2011 from the clean water fund, pursuant to
37.21Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund Metropolitan
37.22Council water supply planning activities under section 473.1565, for projects that
37.23include, but are not limited to, protection of the Seminary Fen and Valley Branch Trout
37.24Stream; lessening groundwater vulnerability by mapping glacial aquifers; creation of a
37.25comprehensive map of known groundwater contaminant plumes; and the design of plans
37.26that can be used by communities for reusing storm water. By January 15, 2011, the council
37.27shall report to the chairs and ranking minority members of the legislative committees
37.28and divisions that make recommendations for appropriations from the clean water fund
37.29on the outcomes of the council's water supply planning activities. This appropriation
37.30is onetime and available until expended.
37.31 Sec. 6. APPROPRIATIONS; BOARD OF WATER AND SOIL RESOURCES.
37.32(a) $100,000 in fiscal year 2011 is appropriated from the clean water fund to the
37.33Board of Water and Soil Resources for the purpose of establishing a micro-grants pilot
38.1program to engage citizen volunteers and to match private sector resources to complete
38.2projects with long-term water quality restoration or protection benefits for Minnesota
38.3lakes and rivers.
38.4(b) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the
38.5Board of Water and Soil Resources to purchase and restore permanent conservation
38.6easements on riparian buffers of up to 120 feet adjacent to public waters, excluding
38.7wetlands, to keep water on the land in order to decrease sediment, pollutant, and nutrient
38.8transport, reduce hydrologic impacts to surface waters, and increase infiltration for
38.9groundwater recharge. The riparian buffers must be at least 50 feet unless there is a
38.10natural impediment, a road, or other impediment beyond the control of the landowner.
38.11This appropriation may be used for restoration of riparian buffers protected by easements
38.12purchased with this appropriation and for stream bank restorations when the riparian
38.13buffers have been restored. Up to five percent may be used for administration of this
38.14program and up to five percent may be used for technical design, construction, and project
38.15oversight.
38.16(c) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the
38.17Board of Water and Soil Resources for grants to watershed districts and watershed
38.18management organizations for: (1) structural or vegetative management practices that
38.19reduce storm water runoff from developed or disturbed lands to reduce the movement of
38.20sediment, nutrients, and pollutants or to leverage federal funds for restoration, protection,
38.21or enhancement of water quality in lakes, rivers, and streams and to protect groundwater
38.22and drinking water; and (2) the installation of proven and effective water retention
38.23practices including, but not limited to, rain gardens and other vegetated infiltration basins
38.24and sediment control basins in order to keep water on the land. The projects must be
38.25of long-lasting public benefit, include a local match, and be consistent with TMDL
38.26implementation plans or local water management plans. Watershed district and watershed
38.27management organization staff and administration may be used for the local match.
38.28Priority may be given to school projects that can be used to demonstrate water retention
38.29practices. Up to five percent may be used for administering the grants and up to five
38.30percent may be used for technical design, construction, and project oversight.
38.31(d) $300,000 in fiscal year 2011 is appropriated from the clean water fund to the
38.32Board of Water and Soil Resources for permanent conservation easements on wellhead
38.33protection areas under Minnesota Statutes, section 103F.515, subdivision 2, paragraph
38.34(d). Priority must be placed on land that is located where the vulnerability of the drinking
38.35water supply management area, as defined under Minnesota Rules, part 4720.5100,
38.36subpart 13, is designated as high or very high by the commissioner of health. Up to five
39.1percent may be used for administration of this program and up to five percent may be used
39.2for technical design, construction, and project oversight.
39.3(e) The appropriations in fiscal year 2011 to the Board of Water and Soil Resources in
39.4Laws 2009, chapter 172, article 2, section 6, are available until June 30, 2012, and, unless
39.5otherwise specified, may utilize up to five percent for administration of grant and easement
39.6programs and up to five percent for technical design, construction, and project oversight.
39.9 Section 1. Minnesota Statutes 2008, section 3.9741, is amended by adding a
39.10subdivision to read:
39.11 Subd. 3. Legacy funds. The outdoor heritage fund, the clean water fund, the parks
39.12and trails fund, and the arts and cultural heritage fund must each reimburse the general
39.13fund, in the manner prescribed in section 16A.127, for costs incurred by the legislative
39.14auditor in examining financial activities relating to each fund.
39.15 Sec. 2. Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended
39.16to read:
39.17 Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
39.18from the parks and trails fund must meet or exceed the constitutional requirement to
39.19support parks and trails of regional or statewide significance. A project or program
39.20receiving funding from the parks and trails fund must include measurable outcomes, as
39.21defined in section
39.22results. A project or program must be consistent with current science and incorporate
39.23state-of-the-art technology, except when the project or program is a portrayal or restoration
39.24of historical significance.
39.25(b) Money from the parks and trails fund shall be expended to balance the benefits
39.26across all regions and residents of the state.
39.27(c) All information for funded projects, including the proposed measurable
39.28outcomes, must be made available on the Web site required under section
39.29subdivision 10, as soon as practicable. Information on the measured outcomes and
39.30evaluation must be posted as soon as it becomes available.
39.31(d) Grants funded by the parks and trails fund must be implemented according to
39.32section
39.33for any regranting envisioned. Priority for grant proposals must be given to proposals
39.34involving grants that will be competitively awarded.
40.1(e)
40.2
40.3
40.4
40.5
40.6
40.7in Minnesota.
40.8 Sec. 3. Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is
40.9amended to read:
40.10 Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
40.11heritage fund may be spent only for arts, arts education, and arts access, and to preserve
40.12Minnesota's history and cultural heritage. A project or program receiving funding from
40.13the arts and cultural heritage fund must include measurable outcomes, and a plan for
40.14measuring and evaluating the results. A project or program must be consistent with
40.15current scholarship, or best practices, when appropriate and incorporate state-of-the-art
40.16technology when appropriate.
40.17(b) Funding from the arts and cultural heritage fund may be granted for an entire
40.18project or for part of a project so long as the recipient provides a description and cost for
40.19the entire project and can demonstrate that it has adequate resources to ensure that the
40.20entire project will be completed.
40.21(c) Money from the arts and cultural heritage fund shall be expended for benefits
40.22across all regions and residents of the state.
40.23(d) All information for funded projects, including the proposed measurable
40.24outcomes, must be made available on the Legislative Coordinating Commission Web
40.25site, as soon as practicable. Information on the measured outcomes and evaluation must
40.26be posted as soon as it becomes available.
40.27(e) Grants funded by the arts and cultural heritage fund must be implemented
40.28according to section
40.29grant proposals must be given to proposals involving grants that will be competitively
40.30awarded.
40.31(f)
40.32
40.33
40.34
40.35
41.1
41.2in Minnesota.
41.3 Sec. 4. Laws 2009, chapter 172, article 5, section 8, is amended to read:
41.4 Sec. 8.
41.5A
41.6house of representatives committee with jurisdiction over cultural and outdoor resources
41.7expenditures stating principles for the use and expected outcomes of all funds from
41.8dedicated sales taxes pursuant to the Minnesota Constitution, article XI, section 15.
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 Sec. 5. Laws 2009, chapter 172, article 5, section 10, is amended to read:
41.24 Sec. 10. LOGO.
41.25(a) By September 1, 2010, the Minnesota Board of the Arts, in consultation with
41.26the Department of Natural Resources, shall sponsor a contest for selecting the design of a
41.27logo to use on signage for projects receiving money from the outdoor heritage fund,
41.28clean water fund, parks and trails fund, and the arts and cultural heritage fund. If, by
41.29September 15, 2010, the Minnesota Board of the Arts has not selected a logo design, the
41.30Department of Natural Resources shall assume the task of sponsoring the logo contest and
41.31design selection solely.
41.32(b) A recipient of funds from the outdoor heritage fund, parks and trails fund, clean
41.33water fund, or arts and cultural heritage fund shall display, where practicable, a sign with
41.34the logo developed under this section on construction projects and at access points to any
42.1land or water resources acquired in fee or an interest in less than fee title, or that were
42.2restored, protected, or enhanced, and incorporate the logo, where practicable, into printed
42.3and other materials funded with money from one or more of the funds.
42.4 Sec. 6. FUNDS CARRYOVER.
42.5Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172,
42.6are available until June 30, 2011. For acquisition of an interest in real property, the
42.7amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives
42.8federal funds, the time period of the appropriation is extended to equal the availability
42.9of federal funding.
42.10 Sec. 7. PARKS.
42.11The Minneapolis Park and Recreation Board may acquire all or part of the entire
42.12property known as the Scherer Brothers Lumber Yard for a metropolitan area regional
42.13park and may allocate any future appropriations to the board from the parks and trails fund
42.14to acquire the property.
42.15EFFECTIVE DATE.This section is effective the day after the Minneapolis
42.16Park Board timely completes compliance with Minnesota Statutes, section 645.021,
42.17subdivisions 2 and 3.
42.18 Sec. 8. USE OF CARRYFORWARD.
42.19The restrictions in Minnesota Statutes, section 16A.281, on the use of money carried
42.20forward from one biennium to another shall not apply to money the legislative auditor
42.21carried forward from the previous biennium for use in fiscal years 2010 and 2011. The
42.22legislative auditor may use the carry forward money for costs related to the conduct of
42.23audits related to funds authorized in the Minnesota Constitution, Article XI, section 15.
42.24 Sec. 9. REPEALER.
42.25Laws 2009, chapter 172, article 5, section 9, is repealed.
42.28 Section 1. Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:
42.29 Subd. 9. Professional services support account. The commissioner of natural
42.30resources may bill other governmental units, including tribal governments, and the
42.31various programs carried out by the commissioner for the costs of providing them with
43.1professional support services. Except as provided under section
43.2credited to a special account in the state treasury and are appropriated to the commissioner
43.3to pay the costs for which the billings were made.
43.4 The commissioner of natural resources shall submit to the commissioner of
43.5management and budget before the start of each fiscal year a work plan showing the
43.6estimated work to be done during the coming year, the estimated cost of doing the work,
43.7and the positions and fees that will be necessary. This account is exempted from statewide
43.8and agency indirect cost payments.
43.9 Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:
43.10 Subd. 15. Electronic transactions. (a) The commissioner may receive an
43.11application for, sell, and issue any license, stamp, permit, pass, sticker,
43.12card, safety training certification, registration, or transfer under the jurisdiction of the
43.13commissioner by electronic means, including by telephone. Notwithstanding section
43.15commissioner may:
43.16 (1) provide for the electronic transfer of funds generated by electronic transactions,
43.17including by telephone;
43.18 (2) assign an identification number to an applicant who purchases a hunting or
43.19fishing license or recreational vehicle registration by electronic means, to serve as
43.20temporary authorization to engage in the activity requiring a license or registration until
43.21the license or registration is received or expires;
43.22 (3) charge and permit agents to charge a fee of individuals who make electronic
43.23transactions and transactions by telephone or Internet, including issuing fees and an
43.24additional transaction fee not to exceed $3.50;
43.25 (4) charge and permit agents to charge a convenience fee not to exceed three percent
43.26of the cost of the license to individuals who use electronic bank cards for payment. An
43.27electronic licensing system agent charging a fee of individuals making an electronic
43.28bank card transaction in person must post a sign informing individuals of the fee. The
43.29sign must be near the point of payment, clearly visible, include the amount of the fee, and
43.30state: "License agents are allowed by state law to charge a fee not to exceed three percent
43.31of the cost of state licenses to persons who use electronic bank cards for payment. The
43.32fee is not required by state law.";
43.33 (5) establish, by written order, an electronic licensing system commission to be
43.34paid by revenues generated from all sales made through the electronic licensing system.
43.35The commissioner shall establish the commission in a manner that neither significantly
44.1overrecovers nor underrecovers costs involved in providing the electronic licensing
44.2system; and
44.3 (6) adopt rules to administer the provisions of this subdivision.
44.4 (b) The fees established under paragraph (a), clauses (3) and (4), and the commission
44.5established under paragraph (a), clause (5), are not subject to the rulemaking procedures
44.6of chapter 14 and section
44.7 (c) Money received from fees and commissions collected under this subdivision,
44.8including interest earned, is annually appropriated from the game and fish fund and the
44.9natural resources fund to the commissioner for the cost of electronic licensing.
44.10 Sec. 3. Minnesota Statutes 2008, section 84.0856, is amended to read:
44.1184.0856 FLEET MANAGEMENT ACCOUNT.
44.12The commissioner of natural resources may bill organizational units within
44.13the Department of Natural Resources and other governmental units, including tribal
44.14governments, for the costs of providing them with equipment. Costs billed may include
44.15acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined
44.16by the commissioner. Receipts and interest earned on the receipts shall be credited to a
44.17special account in the state treasury and are appropriated to the commissioner to pay the
44.18costs for which the billings were made.
44.19 Sec. 4. Minnesota Statutes 2008, section 84.0857, is amended to read:
44.2084.0857 FACILITIES MANAGEMENT ACCOUNT.
44.21 (a) The commissioner of natural resources may bill organizational units within
44.22the Department of Natural Resources and other governmental units, including tribal
44.23governments, for the costs of providing them with building and infrastructure facilities.
44.24Costs billed may include modifications and adaptations to allow for appropriate building
44.25occupancy, building code compliance, insurance, utility services, maintenance, repair, and
44.26other direct costs as determined by the commissioner. Receipts shall be credited to a
44.27special account in the state treasury and are appropriated to the commissioner to pay the
44.28costs for which the billings were made.
44.29 (b) Money deposited in the special account from the proceeds of a sale under section
44.31facilities or renovate existing buildings for administrative use or to acquire land for,
44.32design, and construct administrative buildings for the Department of Natural Resources.
45.1 Sec. 5. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision
45.2to read:
45.3 Subd. 3a. Joint applications for residential use. An application for a utility
45.4license may cover more than one type of utility if the utility lines are being installed for
45.5residential use only. Separate applications submitted by utilities for the same crossing
45.6shall be joined together and processed as one application, provided that the applications
45.7are submitted within one year of each other and the utility lines are for residential use only.
45.8The application fees for a joint application or separate applications subsequently joined
45.9together shall be as if only one application was submitted.
45.10 Sec. 6. Minnesota Statutes 2009 Supplement, section 84.415, subdivision 6, is
45.11amended to read:
45.12 Subd. 6. Supplemental application fee and monitoring fee. (a) In addition to the
45.13application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
45.14natural resources shall assess the applicant for a utility license the following fees:
45.15(1) a supplemental application fee of
45.16license and a supplemental application fee of
45.17license, to cover reasonable costs for reviewing the application and preparing the license;
45.18and
45.19(2) a monitoring fee to cover the projected reasonable costs for monitoring the
45.20construction of the utility line and preparing special terms and conditions of the license
45.21to ensure proper construction. The commissioner must give the applicant an estimate of
45.22the monitoring fee before the applicant submits the fee.
45.23(b) The applicant shall pay fees under this subdivision to the commissioner of
45.24natural resources. The commissioner shall not issue the license until the applicant has
45.25paid all fees in full.
45.26(c) Upon completion of construction of the improvement for which the license
45.27or permit was issued, the commissioner shall refund the unobligated balance from the
45.28monitoring fee revenue. The commissioner shall not return the application fees, even
45.29if the application is withdrawn or denied.
45.30(d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover
45.31the costs of reviewing the applications and preparing the licenses, the commissioner shall
45.32improve efficiencies and otherwise reduce department costs and activities to ensure the
45.33revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are
45.34necessary to carry out the requirements.
46.1 Sec. 7. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:
46.2 Subd. 2. Off-highway vehicle
46.3shall prescribe seasons for off-highway vehicle use on state forest lands. Except for
46.4designated forest roads, a person must not operate an off-highway vehicle on state forest
46.5lands: (1) outside of the seasons prescribed under this paragraph; or (2) during the firearms
46.6deer hunting season in areas of the state where deer may be taken by rifle. This paragraph
46.7does not apply to a person in possession of a valid deer hunting license operating an
46.8off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
46.9 (b) The commissioner may designate and post winter trails on state forest lands
46.10for use by off-highway vehicles.
46.11 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
46.12the authority of the commissioner as defined in section
46.13managed by the commissioner under section
46.14EFFECTIVE DATE.This section is effective the day following final enactment.
46.15 Sec. 8. Minnesota Statutes 2008, section 84.788, subdivision 2, is amended to read:
46.16 Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
46.17(1) owned and used by the United States, an Indian tribal government, the state,
46.18another state, or a political subdivision;
46.19(2) registered in another state or country that have not been within this state for
46.20more than 30 consecutive days; or
46.21(3) registered under chapter 168, when operated on forest roads to gain access to a
46.22state forest campground.
46.23 Sec. 9. Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is
46.24amended to read:
46.25 Subdivision 1. Prohibitions on youthful operators. (a)
46.26person less than 16 years of age operating an off-highway motorcycle on public lands
46.27or waters must possess a valid off-highway motorcycle safety certificate issued by the
46.28commissioner.
46.29(b) Except for operation on public road rights-of-way that is permitted under section
46.31operate an off-highway motorcycle along or on a public road right-of-way.
46.32(c) A person under 12 years of age may not:
46.33(1) make a direct crossing of a public road right-of-way;
46.34(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
47.1(3) operate an off-highway motorcycle on public lands or waters unless accompanied
47.2by a person 18 years of age or older or participating in an event for which the
47.3commissioner has issued a special use permit.
47.4(d) Except for public road rights-of-way of interstate highways, a person less than 16
47.5years of age may make a direct crossing of a public road right-of-way of a trunk, county
47.6state-aid, or county highway only if that person is accompanied by a person 18 years of
47.7age or older who holds a valid driver's license.
47.8(e) A person less than 16 years of age may operate an off-highway motorcycle on
47.9public road rights-of-way in accordance with section
47.10(a), only if that person is accompanied by a person 18 years of age or older who holds a
47.11valid driver's license.
47.12(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may
47.13operate an off-highway motorcycle on public lands or waters if the nonresident youth has
47.14in possession evidence of completing an off-road safety course offered by the Motorcycle
47.15Safety Foundation or another state as provided in section 84.791, subdivision 4.
47.16EFFECTIVE DATE.This section is effective the day following final enactment.
47.17 Sec. 10. Minnesota Statutes 2008, section 84.798, subdivision 2, is amended to read:
47.18 Subd. 2. Exemptions. Registration is not required for an off-road vehicle that is:
47.19(1) owned and used by the United States, an Indian tribal government, the state,
47.20another state, or a political subdivision; or
47.21(2) registered in another state or country and has not been in this state for more
47.22than 30 consecutive days.
47.23 Sec. 11. Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:
47.24 Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile,
47.25other than those used for an agricultural purpose, as defined in section
47.261c
47.27follows: $45 for three years and $4 for a duplicate or transfer.
47.28(b) The total registration fee for all snowmobiles owned by a dealer and operated for
47.29demonstration or testing purposes shall be $50 per year.
47.30(c) The total registration fee for all snowmobiles owned by a manufacturer and
47.31operated for research, testing, experimentation, or demonstration purposes shall be $150
47.32per year. Dealer and manufacturer registrations are not transferable.
47.33(d) The onetime fee for registration of an exempt snowmobile under subdivision
47.346a is $6.
48.1 Sec. 12. Minnesota Statutes 2008, section 84.82, subdivision 6, is amended to read:
48.2 Subd. 6. Exemptions. Registration is not required under this section for:
48.3 (1) a snowmobile owned and used by the United States, an Indian tribal government,
48.4another state, or a political subdivision thereof;
48.5 (2) a snowmobile registered in a country other than the United States temporarily
48.6used within this state;
48.7 (3) a snowmobile that is covered by a valid license of another state and has not been
48.8within this state for more than 30 consecutive days;
48.9 (4) a snowmobile used exclusively in organized track racing events;
48.10 (5) a snowmobile in transit by a manufacturer, distributor, or dealer;
48.11 (6) a snowmobile at least 15 years old in transit by an individual for use only on
48.12land owned or leased by the individual; or
48.13 (7) a snowmobile while being used to groom a state or grant-in-aid trail.
48.14 Sec. 13. Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision
48.15to read:
48.16 Subd. 6a. Exemption; collector unlimited snowmobile use. Snowmobiles may be
48.17issued an exempt registration if the machine is at least 25 years old. Exempt registration is
48.18valid from the date of issuance until ownership of the snowmobile is transferred. Exempt
48.19registrations are not transferable.
48.20 Sec. 14. Minnesota Statutes 2008, section 84.8205, subdivision 1, is amended to read:
48.21 Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a
48.22person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
48.23snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
48.24resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
48.25three-year snowmobile state trail sticker that is purchased at the time of snowmobile
48.26registration is $30. In addition to other penalties prescribed by law, a person in violation
48.27of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
48.28is valid from November 1 through June 30. Fees collected under this section, except for
48.29the issuing fee for licensing agents, shall be deposited in the state treasury and credited
48.30to the snowmobile trails and enforcement account in the natural resources fund and,
48.31except for the electronic licensing system commission established by the commissioner
48.32under section
48.33grooming, and easement acquisition.
48.34 (b) A state trail sticker is not required under this section for:
49.1 (1) a snowmobile owned by the state or a political subdivision of the state that is
49.2registered under section
49.3 (2) a snowmobile that is owned and used by the United States, an Indian tribal
49.4government, another state, or a political subdivision thereof that is exempt from
49.5registration under section
49.6 (3) a collector snowmobile that is operated as provided in a special permit issued for
49.7the collector snowmobile under section
49.8 (4) a person operating a snowmobile only on the portion of a trail that is owned by
49.9the person or the person's spouse, child, or parent; or
49.10 (5) a snowmobile while being used to groom a state or grant-in-aid trail.
49.11 (c) A temporary registration permit issued by a dealer under section
49.12subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
49.13included with the registration application fee.
49.14 Sec. 15. Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:
49.15 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
49.16all-terrain vehicle that has a total dry weight of less than
49.17 Sec. 16. Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:
49.18 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
49.19all-terrain vehicle that has a total dry weight of
49.20 Sec. 17. Minnesota Statutes 2009 Supplement, section 84.922, subdivision 1a, is
49.21amended to read:
49.22 Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are:
49.23 (1) vehicles owned and used by the United States, an Indian tribal government, the
49.24state, another state, or a political subdivision;
49.25 (2) vehicles registered in another state or country that have not been in this state for
49.26more than 30 consecutive days;
49.27(3) vehicles that:
49.28(i) are owned by a resident of another state or country that does not require
49.29registration of all-terrain vehicles;
49.30(ii) have not been in this state for more than 30 consecutive days; and
49.31(iii) are operated on state and grant-in-aid trails by a nonresident possessing a
49.32nonresident all-terrain vehicle state trail pass;
49.33 (4) vehicles used exclusively in organized track racing events; and
50.1 (5) vehicles that are 25 years old or older and were originally produced as a separate
50.2identifiable make by a manufacturer.
50.3 Sec. 18. Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision
50.4to read:
50.5 Subd. 2b. Collector unlimited use; exempt registration. All-terrain vehicles may
50.6be issued an exempt registration if requested and the machine is at least 25 years old.
50.7Exempt registration is valid from the date of issuance until ownership of the all-terrain
50.8vehicle is transferred. Exempt registrations are not transferable.
50.9 Sec. 19. Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:
50.10 Subd. 5. Fees for registration. (a) The fee for a three-year registration of
50.11an all-terrain vehicle under this section, other than those registered by a dealer or
50.12manufacturer under paragraph (b) or (c), is:
50.13 (1) for public use, $45;
50.14 (2) for private use, $6; and
50.15 (3) for a duplicate or transfer, $4.
50.16 (b) The total registration fee for all-terrain vehicles owned by a dealer and operated
50.17for demonstration or testing purposes is $50 per year. Dealer registrations are not
50.18transferable.
50.19 (c) The total registration fee for all-terrain vehicles owned by a manufacturer and
50.20operated for research, testing, experimentation, or demonstration purposes is $150 per
50.21year. Manufacturer registrations are not transferable.
50.22 (d) The onetime fee for registration of an all-terrain vehicle under subdivision 2b
50.23is $6.
50.24(e) The fees collected under this subdivision must be credited to the all-terrain
50.25vehicle account.
50.26 Sec. 20. Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:
50.27 Subdivision 1. Program established. (a) The commissioner shall establish a
50.28comprehensive all-terrain vehicle environmental and safety education and training
50.29program, including the preparation and dissemination of vehicle information and safety
50.30advice to the public, the training of all-terrain vehicle operators, and the issuance of
50.31all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
50.32successfully complete the all-terrain vehicle environmental and safety education and
50.33training course.
51.1(b) For the purpose of administering the program and to defray a portion of the
51.2expenses of training and certifying vehicle operators, the commissioner shall collect a fee
51.3of $15 from each person who receives the training. The commissioner shall collect a fee,
51.4to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
51.5safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
51.6vehicle safety certificate that neither significantly overrecovers nor underrecovers costs,
51.7including overhead costs, involved in providing the service. Fee proceeds, except for the
51.8issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain
51.9vehicle account in the natural resources fund. In addition to the fee established by the
51.10commissioner, instructors may charge each person
51.11amount for class
51.12(c) The commissioner shall cooperate with private organizations and associations,
51.13private and public corporations, and local governmental units in furtherance of the program
51.14established under this section. School districts may cooperate with the commissioner
51.15and volunteer instructors to provide space for the classroom portion of the training. The
51.16commissioner shall consult with the commissioner of public safety in regard to training
51.17program subject matter and performance testing that leads to the certification of vehicle
51.18operators. By June 30, 2003, the commissioner shall incorporate a riding component in
51.19the safety education and training program.
51.20 Sec. 21. Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:
51.21 Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on
51.22public road rights-of-way that is permitted under section
51.23by the state or another state is required to operate an all-terrain vehicle along or on a
51.24public road right-of-way.
51.25 (b) A person under 12 years of age shall not:
51.26 (1) make a direct crossing of a public road right-of-way;
51.27 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
51.28 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
51.29paragraph (f).
51.30 (c) Except for public road rights-of-way of interstate highways, a person 12 years
51.31of age but less than 16 years may make a direct crossing of a public road right-of-way
51.32of a trunk, county state-aid, or county highway or operate on public lands and waters or
51.33state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
51.34certificate issued by the commissioner and is accompanied
51.35by a person 18 years of age or older who holds a valid driver's license.
52.1 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
52.2old, but less than 16 years old, must:
52.3 (1) successfully complete the safety education and training program under section
52.5 (2) be able to properly reach and control the handle bars and reach the foot pegs
52.6while sitting upright on the seat of the all-terrain vehicle.
52.7 (e) A person at least 11 years of age may take the safety education and training
52.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
52.9the certificate is not valid until the person reaches age 12.
52.10 (f) A person at least ten years of age but under 12 years of age may operate an
52.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
52.12accompanied by a parent or legal guardian.
52.13 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
52.14 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
52.15lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
52.16control the handle bars and reach the foot pegs while sitting upright on the seat of the
52.17all-terrain vehicle.
52.18(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
52.1916 years old, may make a direct crossing of a public road right-of-way of a trunk, county
52.20state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
52.21or state or grant-in-aid trails if:
52.22(1) the nonresident youth has in possession evidence of completing an all-terrain
52.23safety course offered by the ATV Safety Institute or another state as provided in section
52.2484.925, subdivision 3; and
52.25(2) the nonresident youth is accompanied by a person 18 years of age or older who
52.26holds a valid driver's license.
52.27EFFECTIVE DATE.This section is effective the day following final enactment.
52.28 Sec. 22. Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is
52.29amended to read:
52.30 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an all-terrain
52.31vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
52.32nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
52.33be available for inspection by a peace officer, a conservation officer, or an employee
52.34designated under section
53.1(b) The commissioner of natural resources shall issue a pass upon application and
53.2payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
53.3collected under this section, except for the issuing fee for licensing agents, shall be
53.4deposited in the state treasury and credited to the all-terrain vehicle account in the natural
53.5resources fund and, except for the electronic licensing system commission established by
53.6the commissioner under section
53.7counties and municipalities for all-terrain vehicle organizations to construct and maintain
53.8all-terrain vehicle trails and use areas.
53.9 (c) A nonresident all-terrain vehicle state trail pass is not required for:
53.10 (1) an all-terrain vehicle that is owned and used by the United States, another state,
53.11or a political subdivision thereof that is exempt from registration under section
53.12subdivision 1a;
53.13 (2) a person operating an all-terrain vehicle only on the portion of a trail that is
53.14owned by the person or the person's spouse, child, or parent
53.15(3) a nonresident operating an all-terrain vehicle that is registered according to
53.16section 84.922.
53.17EFFECTIVE DATE.This section is effective the day following final enactment.
53.18 Sec. 23. Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is
53.19amended to read:
53.20 Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise
53.21allowed in sections
53.22this state along or on the roadway, shoulder, or inside bank or slope of a public road
53.23right-of-way of a trunk, county state-aid, or county highway.
53.24 (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
53.25bank or slope of a trunk, county state-aid, or county highway unless prohibited under
53.26paragraph (d) or (f).
53.27 (c) A person may operate a class 2 all-terrain vehicle within the public road
53.28right-of-way of a county state-aid or county highway on the extreme right-hand side of
53.29the road and left turns may be made from any part of the road if it is safe to do so under
53.30the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
53.31operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
53.32designated class 2 all-terrain vehicle trail.
53.33 (d) A road authority as defined under section
53.34public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
53.35its jurisdiction.
54.1 (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
54.2operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
54.3bank or slope of a trunk, interstate, county state-aid, or county highway:
54.4(1) that is part of a funded grant-in-aid trail; or
54.5(2) when the all-terrain vehicle is
54.6
54.7or pipeline company
54.8
54.9 (f) The commissioner may limit the use of a right-of-way for a period of time if the
54.10commissioner determines that use of the right-of-way causes:
54.11 (1) degradation of vegetation on adjacent public property;
54.12 (2) siltation of waters of the state;
54.13 (3) impairment or enhancement to the act of taking game; or
54.14 (4) a threat to safety of the right-of-way users or to individuals on adjacent public
54.15property.
54.16 The commissioner must notify the road authority as soon as it is known that a closure
54.17will be ordered. The notice must state the reasons and duration of the closure.
54.18 (g) A person may operate an all-terrain vehicle registered for private use and used
54.19for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
54.20county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
54.21side of the road, and left turns may be made from any part of the road if it is safe to do so
54.22under the prevailing conditions.
54.23 (h) A person shall not operate an all-terrain vehicle within the public road
54.24right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
54.25the agricultural zone unless the vehicle is being used exclusively as transportation to and
54.26from work on agricultural lands. This paragraph does not apply to an agent or employee
54.27of a road authority, as defined in section
54.28Natural Resources when performing or exercising official duties or powers.
54.29 (i) A person shall not operate an all-terrain vehicle within the public road
54.30right-of-way of a trunk, county state-aid, or county highway between the hours of one-half
54.31hour after sunset to one-half hour before sunrise, except on the right-hand side of the
54.32right-of-way and in the same direction as the highway traffic on the nearest lane of the
54.33adjacent roadway.
54.34 (j) A person shall not operate an all-terrain vehicle at any time within the
54.35right-of-way of an interstate highway or freeway within this state.
55.1 Sec. 24. Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:
55.2 Subd. 5. Organized contests, use of highways and public lands and waters. (a)
55.3Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the
55.4right-of-way of a state trunk or county state-aid highway or upon public lands or waters
55.5under the jurisdiction of the commissioner of natural resources, in an organized contest or
55.6event, subject to the consent of the official or board having jurisdiction over the highway
55.7or public lands or waters.
55.8(b) In permitting the contest or event, the official or board having jurisdiction may
55.9prescribe restrictions or conditions as they may deem advisable.
55.10(c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under
55.1112 years of age may operate an all-terrain vehicle in an organized contest on public lands
55.12or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person
55.13complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised
55.14by a person 18 years of age or older.
55.15EFFECTIVE DATE.This section is effective the day following final enactment.
55.16 Sec. 25. Minnesota Statutes 2008, section 84D.10, is amended by adding a subdivision
55.17to read:
55.18 Subd. 4. Persons leaving public waters. (a) A person leaving waters of the state
55.19must drain boating-related equipment holding water and live wells and bilges by removing
55.20the drain plug before transporting the watercraft and associated equipment on public
55.21roads. Drain plugs, bailers, valves, or other devices used to control the draining of water
55.22from ballast tanks, bilges, and live wells must be removed or opened while transporting
55.23watercraft on a public road. Marine sanitary systems and portable bait containers are
55.24excluded from this requirement. A person must not dispose of bait in waters of the state.
55.25(b) The commissioner shall report, by January 15 of each odd-numbered year, to
55.26the chairs and ranking minority members of the house of representatives and senate
55.27committees and divisions having jurisdiction over water resources policy and finance. The
55.28report shall advise the legislature on additional measures to protect state water resources
55.29from human transport of invasive species.
55.30 Sec. 26. Minnesota Statutes 2008, section 84D.13, subdivision 5, is amended to read:
55.31 Subd. 5. Civil penalties. A civil citation issued under this section must impose
55.32the following penalty amounts:
56.1(1) for transporting aquatic macrophytes on a forest road as defined by section
56.3any other public road, $50;
56.4(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
56.5aquatic plant harvesting equipment that has aquatic macrophytes attached, $100;
56.6(3) for unlawfully possessing or transporting a prohibited invasive species other
56.7than an aquatic macrophyte, $250;
56.8(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or
56.9aquatic plant harvesting equipment that has prohibited invasive species attached when
56.10the waters are not designated by the commissioner as being infested with that invasive
56.11species, $500 for the first offense and $1,000 for each subsequent offense;
56.12(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
56.13prescribed by rule, Eurasian water milfoil, $100;
56.14(6) for failing to drain water, as required by rule, for infested waters and from
56.15watercraft and equipment, other than marine sanitary systems and portable bait containers
56.16 before leaving
56.17
56.18(7) for transporting infested water off riparian property without a permit as required
56.19by rule, $200.
56.20 Sec. 27. Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is
56.21amended to read:
56.22 Subd. 13. Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton,
56.23Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St.
56.24Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
56.25McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
56.26Itasca County and there terminate;
56.27(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
56.28and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
56.29Marais in Cook County, thence northeasterly to the international boundary in the vicinity
56.30of the north shore of Lake Superior, and there terminate;
56.31(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
56.32in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
56.33to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
56.34Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
56.35Louis County to International Falls in Koochiching County, and there terminate;
57.1(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and
57.2extend southerly to St. Croix State Forest in Pine County.
57.3(b) The trails shall be developed primarily for riding and hiking.
57.4(c) In addition to the authority granted in subdivision 1, lands and interests in lands
57.5for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
57.6any land or interest in land by eminent domain the commissioner of administration shall
57.7obtain the approval of the governor. The governor shall consult with the Legislative
57.8Advisory Commission before granting approval. Recommendations of the Legislative
57.9Advisory Commission shall be advisory only. Failure or refusal of the commission to
57.10make a recommendation shall be deemed a negative recommendation.
57.11 Sec. 28. Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:
57.12 Subd. 14. Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
57.13Carlton, and Washington Counties. (a) The trail shall consist of six segments. One
57.14segment shall be known as the Gateway Trail and shall originate at the State Capitol
57.15and extend northerly and northeasterly to William O'Brien State Park, thence northerly
57.16to Taylors Falls in Chisago County. One segment shall
57.17
57.18Pine County. One segment shall be known as the Browns Creek Trail and shall originate
57.19at Duluth Junction and extend into Stillwater in Washington County. One segment shall
57.20be known as the Munger Trail and shall originate at Hinckley in Pine County and extend
57.21through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall
57.22be known as the Alex Laveau Trail and shall originate in Carlton County at Carlton and
57.23extend through Wrenshall to the Minnesota-Wisconsin border. One segment shall be
57.24established that extends the trail to include the cities of Proctor, Duluth, and Hermantown
57.25in St. Louis County.
57.26 (b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
57.27and nonmotorized riding and the remaining trails shall be developed primarily for riding
57.28and hiking.
57.29 (c) In addition to the authority granted in subdivision 1, lands and interests in lands
57.30for the Gateway and Browns Creek Trails may be acquired by eminent domain.
57.31 Sec. 29. Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read:
57.32 Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
57.33services within a state park, state recreation area, or wayside, and for special state park
58.1uses under this section shall be deposited in the natural resources fund and credited to a
58.2state parks account.
58.3(b) Gross receipts derived from sales, rentals, or leases of natural resources within
58.4state parks, recreation areas, and waysides, other than those on trust fund lands, must be
58.5deposited in the state treasury and credited to the
58.6account. The appropriation under section 85.22 for revenue deposited in this section is
58.7limited to $25,000 per fiscal year.
58.8(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
58.9materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
58.10Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
58.11from which the purchase of the stockpile material was made.
58.12EFFECTIVE DATE.This section is effective July 1, 2011.
58.13 Sec. 30. Minnesota Statutes 2009 Supplement, section 85.053, subdivision 10, is
58.14amended to read:
58.15 Subd. 10. Free entrance;
58.16commissioner shall issue an annual park permit for no charge to any veteran with a total
58.17and permanent service-connected disability, and a daily park permit to any resident
58.18veteran with any level of service-connected disability, as determined by the United States
58.19Department of Veterans Affairs, who presents each year a copy of
58.20determination letter to a park attendant or commissioner's designee. For the purposes of
58.21this section, "veteran" has the meaning given in section
58.22EFFECTIVE DATE.This section is effective July 1, 2010.
58.23 Sec. 31. Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:
58.24 Subd. 5. Exemption. Purchases for resale or rental made from the state parks
58.25working capital
58.26chapter 16C.
58.27 Sec. 32. Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:
58.28 Subdivision 1. Areas marked. The commissioner of natural resources is authorized
58.29in cooperation with local units of government and private individuals and groups when
58.30feasible to mark
58.31Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines,
58.32Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre
59.1within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in
59.2Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North,
59.3Sauk, Otter Tail, Redwood, Blue Earth, and Crow Rivers which have historic and scenic
59.4values and to mark appropriately points of interest, portages, camp sites, and all dams,
59.5rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe,
59.6kayak, and watercraft travelers.
59.7 Sec. 33. Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read:
59.8 Subd. 3. Exemptions. (a) Participants in cross-country ski races
59.9
59.10exempt from the pass requirement in subdivision 1 if a special use permit has been
59.11obtained by the organizers of the event or those in an official capacity in advance from the
59.12agency with jurisdiction over the cross-country ski trail. Permits shall require that permit
59.13holders return the trail and any associated facility to its original condition if any damage
59.14is done by the permittee. Limited permits for special events may be issued and shall
59.15require the removal of any trail markers, banners, and other material used in connection
59.16with the special event.
59.17(b) Unless otherwise exempted under paragraph (a), students, teachers, and
59.18supervising adults engaged in school-sanctioned activities or youth activities sponsored by
59.19a nonprofit organization are exempt from the pass requirements in subdivision 1.
59.20(c) A resident that is in the armed forces of the United States, stationed outside of
59.21the state, and in the state on leave is exempt from the pass requirement in subdivision 1 if
59.22the resident possesses official military leave papers.
59.23(d) A resident who has served at any time during the preceding 24 months in federal
59.24active service, as defined in section 190.05, subdivision 5c, outside the United States as
59.25a member of the National Guard, or as a reserve component or active duty member of
59.26the United Stated armed forces and has been discharged from active service is exempt
59.27from the pass requirement in subdivision 1 if the resident possesses official military
59.28discharge papers.
59.29 Sec. 34. Minnesota Statutes 2008, section 85.42, is amended to read:
59.3085.42 USER FEE; VALIDITY.
59.31(a) The fee for an annual cross-country ski pass is
59.32and over. The fee for a three-year pass is
59.33fee shall be collected at the time the pass is purchased. Three-year passes are valid for
60.1three years beginning the previous July 1. Annual passes are valid for one year beginning
60.2the previous July 1.
60.3(b) The cost for a daily cross-country skier pass is
60.4over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
60.5only for the date designated on the pass form.
60.6(c) A pass must be signed by the skier across the front of the pass to be valid and
60.7becomes nontransferable on signing.
60.8 Sec. 35. Minnesota Statutes 2008, section 85.43, is amended to read:
60.985.43 DISPOSITION OF RECEIPTS; PURPOSE.
60.10(a) Fees from cross-country ski passes shall be deposited in the state treasury and
60.11credited to a cross-country ski account in the natural resources fund and, except for the
60.12electronic licensing system commission established by the commissioner under section
60.14the following purposes:
60.15(1) grants-in-aid for cross-country ski trails
60.16to:
60.17(i) counties and municipalities for construction and maintenance of cross-country
60.18ski trails; and
60.19(ii) special park districts as provided in section
60.20maintenance of cross-country ski trails; and
60.21(2) administration of the cross-country ski trail grant-in-aid program.
60.22(b) Development and maintenance of state cross-country ski trails are eligible for
60.23funding from the cross-country ski account if the money is appropriated by law.
60.24 Sec. 36. Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter
60.2537, article 1, sections 22 to 24, is amended to read:
60.2685.46 HORSE
60.27 Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while
60.28riding, leading, or driving a horse
60.29
60.30the commissioner, except forest roads and forest roads rights-of-way, a person 16 years of
60.31age or over shall carry in immediate possession a valid horse
60.32be available for inspection by a peace officer, a conservation officer, or an employee
60.33designated under section
61.1 (b) A valid horse
61.2leading, or driving a horse
61.3the person or the person's spouse, child, parent, or guardian.
61.4 Subd. 2. License agents. (a) The commissioner of natural resources may appoint
61.5agents to issue and sell horse
61.6of an agent at any time.
61.7(b) The commissioner may adopt additional rules as provided in section
61.8subdivision 11. An agent shall observe all rules adopted by the commissioner for the
61.9accounting and handling of passes according to section
61.10(c) An agent must promptly deposit and remit all money received from the sale of
61.11passes, except issuing fees, to the commissioner.
61.12 Subd. 3. Issuance. The commissioner of natural resources and agents shall issue
61.13and sell horse
61.14information deemed necessary by the commissioner. To be valid, a daily or annual pass
61.15must be signed by the person riding, leading, or driving the horse, and a commercial
61.16annual pass must be signed by the owner of the commercial
61.17 Subd. 4. Pass fees. (a) The fee for an annual horse
61.1816 years of age and over. The fee shall be collected at the time the pass is purchased.
61.19Annual passes are valid for one year beginning January 1 and ending December 31.
61.20(b) The fee for a daily horse
61.21over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
61.22only for the date designated on the pass form.
61.23(c) The fee for a commercial annual horse
61.24of 15 passes. Additional or individual commercial annual horse
61.25purchased by the commercial
61.26annual horse
61.2731 and may be affixed to the horse tack, saddle, or person. Commercial annual horse
61.28passes are not transferable to another commercial
61.29this section, a "commercial
61.30riding instruction or other equestrian activities for hire or use by others.
61.31 Subd. 5. Issuing fee. In addition to the fee for a horse
61.32$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
61.33Issuing fees for passes sold by the commissioner of natural resources shall be deposited
61.34in the state treasury and credited to the horse
61.35fund and are appropriated to the commissioner for the operation of the electronic licensing
61.36system. A pass shall indicate the amount of the fee that is retained by the seller.
62.1 Subd. 6. Disposition of receipts. Fees collected under this section, except for
62.2the issuing fee, shall be deposited in the state treasury and credited to the horse
62.3pass account in the natural resources fund. Except for the electronic licensing system
62.4commission established by the commissioner under section
62.5fees are appropriated to the commissioner of natural resources for trail acquisition, trail and
62.6facility development, and maintenance, enforcement, and rehabilitation of horse trails or
62.7trails authorized for horse use, whether for riding, leading, or driving, on
62.8
62.9 Subd. 7. Duplicate horse
62.10agents shall issue a duplicate pass to a person or commercial
62.11whose pass is lost or destroyed using the process established under section
62.12subdivision 3, and rules adopted thereunder. The fee for a duplicate horse
62.13with an issuing fee of 50 cents.
62.14 Sec. 37. Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is
62.15amended to read:
62.16 Subdivision 1. Master plan required. No construction of new facilities or other
62.17development of an authorized unit, other than repairs and maintenance, shall commence
62.18until the managing agency has prepared and submitted to the commissioner of natural
62.19resources and the commissioner has reviewed, pursuant to this section, a master plan for
62.20administration of the unit in conformity with this section. No master plan is required for
62.21wildlife management areas that do not have resident managers, for scientific and natural
62.22areas, for water access sites, for aquatic management areas, for rest areas, or for boater
62.23waysides.
62.24 Sec. 38. Minnesota Statutes 2008, section 86B.301, subdivision 2, is amended to read:
62.25 Subd. 2. Exemptions. A watercraft license is not required for:
62.26(1) a watercraft that is covered by a license or number in full force and effect under
62.27federal law or a federally approved licensing or numbering system of another state, and
62.28has not been within this state for more than 90 consecutive days, which does not include
62.29days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
62.30port or another port in the state;
62.31(2) a watercraft from a country other than the United States that has not been
62.32within this state for more than 90 consecutive days, which does not include days that a
62.33watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another
62.34port in the state;
63.1(3) a watercraft owned by the United States, an Indian tribal government, a state, or
63.2a political subdivision of a state, except watercraft used for recreational purposes;
63.3(4) a ship's lifeboat;
63.4(5) a watercraft that has been issued a valid marine document by the United States
63.5government;
63.6(6) a duck boat during duck hunting season;
63.7(7) a rice boat during the harvest season;
63.8(8) a seaplane; and
63.9(9) a nonmotorized watercraft nine feet in length or less.
63.10EFFECTIVE DATE.This section is effective the day following a notice published
63.11in the State Register by the commissioner of natural resources that the change in clause
63.12(3) has been approved by the United States Coast Guard pursuant to Code of Federal
63.13Regulations, title 33, section 174.7.
63.14 Sec. 39. Minnesota Statutes 2008, section 86B.501, is amended by adding a
63.15subdivision to read:
63.16 Subd. 4. Rowing team members; personal flotation devices. Notwithstanding
63.17subdivision 1, a member of a rowing team that is sanctioned by an academic or nonprofit
63.18entity is not required to wear or possess, and no local ordinance or rule may require a
63.19member of a rowing team to wear or possess, a personal flotation device in a racing shell
63.20if a chase boat carrying the devices prescribed under subdivision 1 accompanies the racing
63.21shell. The requirement for a chase boat does not apply on waters where it is preempted by
63.22federal regulations.
63.23EFFECTIVE DATE.This section is effective the day following final enactment.
63.24 Sec. 40. Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read:
63.25 Subdivision 1.
63.26to burn vegetative materials and other materials allowed by Minnesota Statutes or official
63.27state rules and regulations may be given by the commissioner or the commissioner's agent.
63.28This permission shall be in the form of:
63.29(1) a written permit issued by a forest officer, fire warden, or other person authorized
63.30by the commissioner;
63.31(2) an electronic permit issued by the commissioner, an agent authorized by the
63.32commissioner, or an Internet site authorized by the commissioner; or
64.1(3) a general permit adopted by the county board of commissioners according to
64.2paragraph (c).
64.3(b) Written and electronic burning permits shall set the time and conditions by which
64.4the fire may be started and burned. The permit shall also specifically list the materials that
64.5may be burned. The permittee must have the permit on their person and shall produce
64.6the permit for inspection when requested to do so by a forest officer, conservation officer,
64.7or other peace officer. The permittee shall remain with the fire at all times and before
64.8leaving the site shall completely extinguish the fire. A person shall not start or cause a
64.9fire to be started on any land that is not owned or under their legal control without the
64.10written permission of the owner, lessee, or an agent of the owner or lessee of the land.
64.11Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be
64.12cause for the permit to be revoked.
64.13(c) A general burning permit may be adopted by the county board of commissioners
64.14in counties that are determined by the commissioner either to not be wildfire areas as
64.15defined in section 88.01, subdivision 6, or to otherwise have low potential for damage
64.16to life and property from wildfire. The commissioner shall consider the history of and
64.17potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative
64.18material; and the distribution of property subject to damage from escaped fires. Upon a
64.19determination by the commissioner and adoption by a vote of the county board, permission
64.20for open burning is extended to all residents in the county without the need for individual
64.21written or electronic permits under this subdivision, provided burning conforms to all
64.22other provisions of this chapter, including those related to responsibility to control and
64.23extinguish fires, no burning of prohibited materials, and liability for damages caused by
64.24violations of this chapter.
64.25(d) Upon adoption of a general burning permit, a county must establish specific
64.26regulations by ordinance, to include at a minimum the time when and conditions under
64.27which fires may be started and burned. No ordinance may be less restrictive than state law.
64.28(e) At any time when the commissioner or the county board determines that a general
64.29burning permit is no longer in the public interest, the general permit may be canceled
64.30by the commissioner or the county board.
64.31 Sec. 41. Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read:
64.32 Subd. 3. Special permits. The following special permits are required at all times,
64.33including when the ground is snow-covered:
64.34(a) Fire training. A permit to start a fire for the instruction and training of
64.35firefighters, including liquid fuels training, may be given by the commissioner or agent of
65.1the commissioner. Except for owners or operators conducting fire training in specialized
65.2industrial settings pursuant to applicable federal, state, or local standards, owners
65.3or operators conducting open burning for the purpose of instruction and training of
65.4firefighters with regard to structures must follow the techniques described in a document
65.5entitled: Structural Burn Training Procedures for the Minnesota Technical College System.
65.6(b) Permanent tree and brush open burning sites. A permit for the operation of
65.7a permanent tree and brush burning site may be given by the commissioner or agent of
65.8the commissioner. Applicants for a permanent open burning site permit shall submit a
65.9complete application on a form provided by the commissioner. Existing permanent tree
65.10and brush open burning sites must submit for a permit within 90 days of the passage of
65.11this statute for a burning permit. New site applications must be submitted at least 90
65.12days before the date of the proposed operation of the permanent open burning site. The
65.13application must be submitted to the commissioner and must contain:
65.14(1) the name, address, and telephone number of all owners of the site proposed for
65.15use as the permanent open burning site;
65.16(2) if the operator for the proposed permanent open burning site is different from the
65.17owner, the name, address, and telephone number of the operator;
65.18(3) a general description of the materials to be burned, including the source and
65.19estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation,
65.20and provisions for smoke management; and
65.21(4) a topographic or similarly detailed map of the site and surrounding area within
65.22a one mile circumference showing all structures that might be affected by the operation
65.23of the site.
65.24Only trees, tree trimmings, or brush that cannot be disposed of by an alternative
65.25method such as chipping, composting, or other method shall be permitted to be burned
65.26at a permanent open burning site. A permanent tree and brush open burning site must
65.27be located and operated so as not to create a nuisance or endanger water quality. The
65.28commissioner shall revoke the permit or order actions to mitigate threats to public health,
65.29safety, and the environment in the event that permit conditions are violated.
65.30 Sec. 42. Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read:
65.31 Subd. 2. Charge for service; receipts to special revenue fund. Notwithstanding
65.32section 16A.1283, the commissioner of natural resources may
65.33written order published in the State Register, establish fees the commissioner determines
65.34to be fair and reasonable that are charged to owners receiving
65.35
66.1charges must account for differences in the value of timber and other benefits. The receipts
66.2from
66.3appropriated to the commissioner for the purposes specified in subdivision 1.
66.4 Sec. 43. Minnesota Statutes 2008, section 89.17, is amended to read:
66.589.17 LEASES AND PERMITS.
66.6Notwithstanding the permit procedures of chapter 90, the commissioner shall have
66.7power to grant and execute, in the name of the state, leases and permits for the use of
66.8any forest lands under the authority of the commissioner for any purpose which in the
66.9commissioner's opinion is not inconsistent with the maintenance and management of the
66.10forest lands, on forestry principles for timber production. Every such lease or permit shall
66.11be revocable at the discretion of the commissioner at any time subject to such conditions
66.12as may be agreed on in the lease. The approval of the commissioner of administration
66.13shall not be required upon any such lease or permit. No such lease or permit for a period
66.14exceeding
66.15
66.16
66.17access to the leased land for outdoor recreation shall be the same as access would be
66.18under state management.
66.19 Sec. 44. Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision
66.20to read:
66.21 Subd. 9. Reoffering unsold timber. To maintain and enhance forest ecosystems on
66.22state forest lands, the commissioner may reoffer timber tracts remaining unsold under the
66.23provisions of section 90.101 below appraised value at public auction with the required
66.2430-day notice under section 90.101, subdivision 2.
66.25 Sec. 45. Minnesota Statutes 2008, section 90.121, is amended to read:
66.2690.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000
66.27CORDS.
66.28(a) The commissioner may sell the timber on any tract of state land in lots not
66.29exceeding 3,000 cords in volume, in the same manner as timber sold at public auction
66.30under section
66.31limitations:
66.32(1) the commissioner shall offer all tracts authorized for sale by this section
66.33separately from the sale of tracts of state timber made pursuant to section
67.1(2) no bidder may be awarded more than 25 percent of the total tracts offered at the
67.2first round of bidding unless fewer than four tracts are offered, in which case not more
67.3than one tract shall be awarded to one bidder. Any tract not sold at public auction may be
67.4offered for private sale as authorized by section
67.5under this section at the appraised value; and
67.6(3) no sale may be made to a person having more than
67.7purposes of this clause, "employee" means an individual working in the timber or wood
67.8products industry for salary or wages on a full-time or part-time basis.
67.9(b) The auction sale procedure set forth in this section constitutes an additional
67.10alternative timber sale procedure available to the commissioner and is not intended to
67.11replace other authority possessed by the commissioner to sell timber in lots of 3,000
67.12cords or less.
67.13(c) Another bidder or the commissioner may request that the number of employees a
67.14bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the
67.15bidder may be ineligible due to exceeding the employee threshold. The commissioner
67.16shall request information from the commissioners of labor and industry and employment
67.17and economic development including the premiums paid by the bidder in question
67.18for workers' compensation insurance coverage for all employees of the bidder. The
67.19commissioner shall review the information submitted by the commissioners of labor and
67.20industry and employment and economic development and make a determination based on
67.21that information as to whether the bidder is eligible. A bidder is considered eligible and
67.22may participate in intermediate auctions until determined ineligible under this paragraph.
67.23EFFECTIVE DATE.This section is effective retroactively from July 1, 2006.
67.24 Sec. 46. Minnesota Statutes 2008, section 90.14, is amended to read:
67.2590.14 AUCTION SALE PROCEDURE.
67.26(a) All state timber shall be offered and sold by the same unit of measurement as it
67.27was appraised. No tract shall be sold to any person other than the purchaser in whose name
67.28the bid was made. The commissioner may refuse to approve any and all bids received and
67.29cancel a sale of state timber for good and sufficient reasons.
67.30(b) The purchaser at any sale of timber shall, immediately upon the approval of the
67.31bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under
67.32section
67.33of the appraised value. In case any purchaser fails to make such payment, the purchaser
67.34shall be liable therefor to the state in a civil action, and the commissioner may reoffer the
68.1timber for sale as though no bid or sale under section
68.2had been made.
68.3(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
68.4state timber may, at the time of payment by the purchaser to the commissioner of 15
68.5percent of the appraised value, elect in writing on a form prescribed by the attorney
68.6general to purchase a permit based solely on the appraiser's estimate of the volume of
68.7timber described in the permit, provided that the commissioner has expressly designated
68.8the availability of such option for that tract on the list of tracts available for sale as
68.9required under section
68.10by the attorney general to purchase a permit based solely on the appraiser's estimate of
68.11the volume of timber described on the permit does not have recourse to the provisions
68.12of section
68.13(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall
68.14be awarded to the high bidder, who shall pay to the commissioner a down payment of 15
68.15percent of the appraised value
68.16
68.17opening. If a purchaser fails to make the down payment, the purchaser is liable for the
68.18down payment to the state and the commissioner may offer the timber for sale to the next
68.19highest bidder as though no higher bid had been made.
68.20(e) Except as otherwise provided by law, at the time the purchaser signs a permit
68.21issued under section
68.22a bid guarantee payment to the commissioner in an amount equal to 15 percent of the
68.23total purchase price of the permit less the down payment amount required by paragraph
68.24(b) for any bid increase in excess of $5,000 of the appraised value. If
68.25guarantee payment is not submitted with the signed permit, no harvesting may occur, the
68.26permit cancels, and the down payment for timber forfeits to the state. The bid guarantee
68.27payment forfeits to the state if the purchaser and successors in interest fail to execute
68.28an effective permit.
68.29 Sec. 47. Minnesota Statutes 2008, section 97B.665, subdivision 2, is amended to read:
68.30 Subd. 2. Petition to district court. If a beaver dam causes a threat to personal
68.31safety or a serious threat to damage property,
68.32
68.33
68.34to reduce the threat. A permit is not required for an action ordered by the court. The
69.1action may include destruction or alteration of beaver dams and removal of beaver. This
69.2subdivision does not apply to state parks, state game refuges, and federal game refuges.
69.3 Sec. 48. [103A.212] WATERSHED MANAGEMENT POLICY.
69.4 The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes,
69.5streams, wetlands, and groundwater provide a foundation for drinking water and the state's
69.6recreational, municipal, commercial, industrial, agricultural, environmental, aesthetic, and
69.7economic well-being. The legislature finds that it is in the public interest to manage
69.8groundwater and surface water resources from the perspective of aquifers, watersheds,
69.9and river basins to achieve protection, preservation, enhancement, and restoration of the
69.10state's valuable groundwater and surface water resources.
69.11 Sec. 49. Minnesota Statutes 2008, section 103A.305, is amended to read:
69.12103A.305 JURISDICTION.
69.13Sections
69.14involves a question of water policy in one or more of the areas of water conservation, water
69.15pollution, preservation and management of wildlife, drainage, soil conservation, public
69.16recreation, forest management, and municipal planning under section
69.18
69.1911, and 12
69.20 Sec. 50. Minnesota Statutes 2008, section 103B.702, is amended by adding a
69.21subdivision to read:
69.22 Subd. 10. Decisions; review and approval. Decisions of the Star Lake Board
69.23regarding the criteria used to designate a lake or river as a "Minnesota Star Lake" or
69.24"Minnesota Star River," as well as a decision to award grants, are subject to the review
69.25and approval of the Board of Water and Soil Resources.
69.26 Sec. 51. Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:
69.27103G.201 PUBLIC WATERS INVENTORY.
69.28(a) The commissioner shall maintain a public waters inventory map of each county
69.29that shows the waters of this state that are designated as public waters under the public
69.30waters inventory and classification procedures prescribed under Laws 1979, chapter
69.31199, and shall provide access to a copy of the maps
70.1inventory maps
70.2a notification or a copy of the maps
70.3(b) The commissioner is authorized to revise the
70.4under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
70.5identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
70.6wetlands under section
70.7public waters wetlands as public waters if:
70.8(1) they are assigned a shoreland management classification by the commissioner
70.9under sections
70.10(2) they are classified as lacustrine wetlands or deepwater habitats according to
70.11Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
70.12et al., 1979 edition); or
70.13(3) the state or federal government has become titleholder to any of the beds or
70.14shores of the public waters wetlands, subsequent to the preparation of the public waters
70.15inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
70.16responsible state or federal agency declares that the water is necessary for the purposes
70.17of the public ownership.
70.18(c) The commissioner must provide notice of the reclassification to the local
70.19government unit, the county board, the watershed district, if one exists for the area, and
70.20the soil and water conservation district. Within 60 days of receiving notice from the
70.21commissioner, a party required to receive the notice may provide a resolution stating
70.22objections to the reclassification. If the commissioner receives an objection from a party
70.23required to receive the notice, the reclassification is not effective. If the commissioner does
70.24not receive an objection from a party required to receive the notice, the reclassification
70.25of a wetland under paragraph (b) is effective 60 days after the notice is received by all
70.26of the parties.
70.27(d) The commissioner shall give priority to the reclassification of public waters
70.28wetlands that are or have the potential to be affected by public works projects.
70.29(e) The commissioner may revise the public waters inventory map
70.30county:
70.31(1) to reflect the changes authorized in paragraph (b); and
70.32(2) as needed, to:
70.33(i) correct errors in the original inventory;
70.34(ii) add or subtract trout stream tributaries within sections that contain a designated
70.35trout stream following written notice to the landowner;
71.1(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
71.250 acres and the shoreland has been zoned for residential development; and
71.3(iv) add or subtract public waters that have been created or eliminated as a
71.4requirement of a permit authorized by the commissioner under section
71.5 Sec. 52. Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:
71.6 Subd. 3. Permit restriction during summer months. The commissioner must not
71.7modify or restrict the amount of appropriation from a groundwater source authorized in a
71.8water use permit issued to irrigate agricultural land
71.9
71.10amount of appropriation endangers a domestic water supply.
71.11 Sec. 53. [103G.282] MONITORING TO EVALUATE IMPACTS FROM
71.12APPROPRIATIONS.
71.13 Subdivision 1. Monitoring equipment. The commissioner may require the
71.14installation and maintenance of monitoring equipment to evaluate water resource impacts
71.15from permitted appropriations and proposed projects that require a permit. Monitoring for
71.16water resources that supply more than one appropriator must be designed to minimize
71.17costs to individual appropriators.
71.18 Subd. 2. Measuring devices required. Monitoring installations required under
71.19subdivision 1 must be equipped with automated measuring devices to measure water
71.20levels, flows, or conditions. The commissioner may determine the frequency of
71.21measurements and other measuring methods based on the quantity of water appropriated
71.22or used, the source of water, potential connections to other water resources, the method
71.23of appropriating or using water, seasonal and long-term changes in water levels, and any
71.24other facts supplied to the commissioner.
71.25 Subd. 3. Reports and costs. (a) Records of water measurements under subdivision
71.262 must be kept for each installation. The measurements must be reported annually to the
71.27commissioner on or before February 15 of the following year in a format or on forms
71.28prescribed by the commissioner.
71.29(b) The owner or person in charge of an installation for appropriating or using
71.30waters of the state or a proposal that requires a permit is responsible for all costs related
71.31to establishing and maintaining monitoring installations and to measuring and reporting
71.32data. Monitoring costs for water resources that supply more than one appropriator may be
71.33distributed among all users within a monitoring area determined by the commissioner and
71.34assessed based on volumes of water appropriated and proximity to resources of concern.
72.1 Sec. 54. Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:
72.2 Subd. 5. Trout streams. Permits issued after June 3, 1977, to appropriate water
72.3from streams designated trout streams by the commissioner's orders under section
72.497C.005 must be limited to temporary appropriations.
72.5 Sec. 55. [103G.287] GROUNDWATER APPROPRIATIONS.
72.6 Subdivision 1. Applications for groundwater appropriations. (a) Groundwater
72.7use permit applications are not complete until the applicant has supplied:
72.8(1) a water well record as required by section
72.9on the subsurface geologic formations penetrated by the well and the formation or aquifer
72.10that will serve as the water source, and geologic information from test holes drilled to
72.11locate the site of the production well;
72.12(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
72.13requested;
72.14(3) information on groundwater quality in terms of the measures of quality
72.15commonly specified for the proposed water use and details on water treatment necessary
72.16for the proposed use;
72.17(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
72.18or within the area of influence, as determined by the commissioner. The inventory must
72.19include information on well locations, depths, geologic formations, depth of the pump or
72.20intake, pumping and nonpumping water levels, and details of well construction; and
72.21(5) the results of an aquifer test completed according to specifications approved by
72.22the commissioner. The test must be conducted at the maximum pumping rate requested
72.23in the application and for a length of time adequate to assess or predict impacts to other
72.24wells and surface water and groundwater resources. The permit applicant is responsible
72.25for all costs related to the aquifer test, including the construction of groundwater and
72.26surface water monitoring installations, and water level readings before, during, and after
72.27the aquifer test.
72.28(b) The commissioner may waive an application requirement in this subdivision
72.29if the information provided with the application is adequate to determine whether the
72.30proposed appropriation and use of water is sustainable and will protect ecosystems, water
72.31quality, and the ability of future generations to meet their own needs.
72.32 Subd. 2. Relationship to surface water resources. Groundwater appropriations
72.33that have potential impacts to surface waters are subject to applicable provisions in
72.34section
73.1 Subd. 3. Protection of groundwater supplies. The commissioner may establish
73.2water appropriation limits to protect groundwater resources. When establishing water
73.3appropriation limits to protect groundwater resources, the commissioner must consider
73.4the sustainability of the groundwater resource, including the current and projected water
73.5levels, water quality, whether the use protects ecosystems, and the ability of future
73.6generations to meet their own needs.
73.7 Subd. 4. Groundwater management areas. The commissioner may designate
73.8groundwater management areas and limit total annual water appropriations and uses within
73.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water
73.10quality, and the ability of future generations to meet their own needs. Water appropriations
73.11and uses within a designated management area must be consistent with a plan approved by
73.12the commissioner that addresses water conservation requirements and water allocation
73.13priorities established in section
73.14 Subd. 5. Interference with other wells. The commissioner may issue water use
73.15permits for appropriation from groundwater only if the commissioner determines that the
73.16groundwater use is sustainable to supply the needs of future generations and the proposed
73.17use will not harm ecosystems, degrade water, or reduce water levels beyond the reach
73.18of public water supply and private domestic wells constructed according to Minnesota
73.19Rules, chapter 4725.
73.20 Sec. 56. Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:
73.21 Subd. 6. Filing application.
73.22commissioner and if the proposed activity for which the permit is requested is within a
73.23municipality, or is within or affects a watershed district or a soil and water conservation
73.24district, a copy of the application with maps, plans, and specifications must be served on
73.25the mayor of the municipality, the secretary of the board of managers of the watershed
73.26district, and the secretary of the board of supervisors of the soil and water conservation
73.27district.
73.28
73.29
73.30
73.31 Sec. 57. Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:
73.32 Subd. 2. Exception. The requirements of subdivision 1 do not apply to applications
73.33for a water use permit for:
73.34(1)
74.1
74.2gallons per day average in a 30-day period; or
74.3
74.4day average for a 30-day period.
74.5 Sec. 58. Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
74.6read:
74.7 Subd. 11. Limitations on permits. (a) Except as otherwise expressly provided by
74.8law, a permit issued by the commissioner under this chapter is subject to:
74.9(1) cancellation by the commissioner at any time if necessary to protect the public
74.10interests;
74.11(2) further conditions on the term of the permit or its cancellation as the
74.12commissioner may prescribe and amend and reissue the permit; and
74.13(3) applicable law existing before or after the issuance of the permit.
74.14(b) Permits issued to irrigate agricultural land
74.15
74.16upon the recommendation of the supervisors of the soil and water conservation district
74.17where the land to be irrigated is located.
74.18 Sec. 59. Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:
74.19 Subd. 5. Removal of hazardous dams. Notwithstanding any provision of
74.20this section or of section
74.21commissioner, within the limits of legislative appropriation, may assume or pay the entire
74.22cost of removal of a privately or publicly owned dam upon determining removal provides
74.23the lowest cost solution and:
74.24(1) that continued existence of the structure presents a significant public safety
74.25hazard, or prevents restoration of an important fisheries resource
74.26(2) that public or private property is being damaged due to partial failure of the
74.27structure
74.28
74.29 Sec. 60. Minnesota Statutes 2008, section 103G.615, subdivision 2, is amended to read:
74.30 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
74.31control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
74.32section
74.33days after it has been reported to the legislature. The fees shall be based upon the cost
75.1of receiving, processing, analyzing, and issuing the permit, and additional costs incurred
75.2after the application to inspect and monitor the activities authorized by the permit, and
75.3enforce aquatic plant management rules and permit requirements.
75.4 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
75.5parcel of shoreline owned by an owner may be charged. This fee may not be charged for
75.6permits issued in connection with purple loosestrife control or lakewide Eurasian water
75.7milfoil control programs.
75.8 (c) A fee may not be charged to the state or a federal governmental agency applying
75.9for a permit.
75.10 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
75.11water basin that is 20 acres or less in size shall be one-half of the fee established under
75.12paragraph (a).
75.13(e) The money received for the permits under this subdivision shall be deposited in
75.14the treasury and credited to the water recreation account.
75.15EFFECTIVE DATE.This section is effective August 1, 2010.
75.16 Sec. 61. [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
75.17The commissioner of natural resources must not issue leases to remove sunken logs
75.18or issue permits for the removal of sunken logs from public waters.
75.19 Sec. 62. Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision
75.20to read:
75.21 Subd. 13. Subsurface sewage treatment systems implementation and
75.22enforcement task force. (a) By September 1, 2010, the agency shall appoint a subsurface
75.23sewage treatment systems implementation and enforcement task force in collaboration
75.24with the Association of Minnesota Counties, Minnesota Association of Realtors,
75.25Minnesota Association of County Planning and Zoning Administrators, and the Minnesota
75.26Onsite Wastewater Association. The agency shall work in collaboration with the task
75.27force to develop effective and timely implementation and enforcement methods in order to
75.28rapidly reduce the number of subsurface sewage treatment systems that are an imminent
75.29threat to public health or safety and effectively enforce all violations of the subsurface
75.30sewage treatment system rules. The agency shall meet at least three times per year with
75.31the task force to address implementation and enforcement issues. The meetings shall be
75.32scheduled so that they do not interfere with the construction season.
75.33(b) The agency, in collaboration with the task force and in consultation with the
75.34attorney general, county attorneys, and county planning and zoning staff, shall develop,
76.1periodically update, and provide to counties enforcement protocols and a checklist that
76.2county inspectors, field staff, and others may use when inspecting subsurface sewage
76.3treatment systems and enforcing subsurface sewage treatment system rules.
76.4EFFECTIVE DATE.This section is effective the day following final enactment.
76.5 Sec. 63. Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read:
76.6 Subd. 4. Rules and standards. (a) Pursuant and subject to the provisions of chapter
76.714, and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind
76.8rules and standards having the force of law relating to any purpose within the provisions
76.9of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution.
76.10Any such rule or standard may be of general application throughout the state, or may be
76.11limited as to times, places, circumstances, or conditions in order to make due allowance
76.12for variations therein. Without limitation, rules or standards may relate to sources or
76.13emissions of air contamination or air pollution, to the quality or composition of such
76.14emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or
76.15to any other matter relevant to the prevention, abatement, or control of air pollution.
76.16 (b) Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
76.17the Pollution Control Agency may adopt, amend, and rescind rules and standards having
76.18the force of law relating to any purpose within the provisions of Laws 1969, chapter
76.191046, for the collection, transportation, storage, processing, and disposal of solid waste
76.20and the prevention, abatement, or control of water, air, and land pollution which may be
76.21related thereto, and the deposit in or on land of any other material that may tend to cause
76.22pollution. The agency shall adopt such rules and standards for sewage sludge, addressing
76.23the intrinsic suitability of land, the volume and rate of application of sewage sludge of
76.24various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites.
76.25Any such rule or standard may be of general application throughout the state or may be
76.26limited as to times, places, circumstances, or conditions in order to make due allowance
76.27for variations therein. Without limitation, rules or standards may relate to collection,
76.28transportation, processing, disposal, equipment, location, procedures, methods, systems
76.29or techniques or to any other matter relevant to the prevention, abatement or control of
76.30water, air, and land pollution which may be advised through the control of collection,
76.31transportation, processing, and disposal of solid waste and sewage sludge, and the deposit
76.32in or on land of any other material that may tend to cause pollution. By January 1, 1983,
76.33the rules for the management of sewage sludge shall include an analysis of the sewage
76.34sludge determined by the commissioner of agriculture to be necessary to meet the soil
76.35amendment labeling requirements of section
77.1(c) The rules for the disposal of solid waste shall include site-specific criteria to
77.2prohibit solid waste disposal based on the area's sensitivity to groundwater contamination,
77.3including site-specific testing. The rules shall provide criteria for locating landfills
77.4based on a site's sensitivity to groundwater contamination. Sensitivity to groundwater
77.5contamination is based on the predicted minimum time of travel of groundwater
77.6contaminants from the solid waste to the compliance boundary. The rules shall prohibit
77.7landfills in areas where karst is likely to develop. The rules shall specify testable or
77.8otherwise objective thresholds for these criteria. The rules shall also include modifications
77.9to financial assurance requirements under subdivision 4h that ensure the state is protected
77.10from financial responsibility for future groundwater contamination. The modifications to
77.11the financial assurance rules specified in this paragraph must require that a solid waste
77.12disposal facility subject to them maintain financial assurance so long as the facility poses a
77.13potential environmental risk to human health, wildlife, or the environment, as determined
77.14by the agency following an empirical assessment. The financial assurance and siting
77.15modifications to the rules specified in this paragraph do not apply to:
77.16(1) solid waste facilities initially permitted before January 1, 2011, including future
77.17contiguous expansions and noncontiguous expansions within 600 yards of a permitted
77.18boundary;
77.19(2) solid waste disposal facilities that accept only construction and demolition debris
77.20and incidental nonrecyclable packaging, and facilities that accept only industrial waste
77.21that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting
77.22from the manufacture of construction materials; and
77.23(3) requirements for permit by rule solid waste disposal facilities.
77.24(d) Until the rules are modified as provided in paragraph (c) to include site-specific
77.25criteria to prohibit areas from solid waste disposal due to groundwater contamination
77.26sensitivity, as required under this section, the agency shall not issue a permit for a new
77.27solid waste disposal facility, except for:
77.28 (1) the reissuance of a permit for a land disposal facility operating as of March
77.291, 2008;
77.30 (2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond
77.31its permitted boundaries, including expansion on land that is not contiguous to, but is
77.32located within 600 yards of, the land disposal facility's permitted boundaries;
77.33 (3) a permit to modify the type of waste accepted at a land disposal facility operating
77.34as of March 1, 2008;
77.35 (4) a permit to locate a disposal facility that accepts only construction debris as
77.36defined in section
78.1 (5) a permit to locate a disposal facility that:
78.2 (i) accepts boiler ash from an electric energy power plant that has wet scrubbed units
78.3or has units that have been converted from wet scrubbed units to dry scrubbed units as
78.4those terms are defined in section
78.5 (ii) is on land that was owned on May 1, 2008, by the utility operating the electric
78.6energy power plant; and
78.7 (iii) is located within three miles of the existing ash disposal facility for the power
78.8plant; or
78.9 (6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals
78.10regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals
78.11regulated under Minnesota Rules, chapter 6132.
78.12 (e) Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
78.13the Pollution Control Agency may adopt, amend and rescind rules and standards having
78.14the force of law relating to any purpose within the provisions of Laws 1971, chapter 727,
78.15for the prevention, abatement, or control of noise pollution. Any such rule or standard
78.16may be of general application throughout the state, or may be limited as to times, places,
78.17circumstances or conditions in order to make due allowances for variations therein.
78.18Without limitation, rules or standards may relate to sources or emissions of noise or noise
78.19pollution, to the quality or composition of noises in the natural environment, or to any
78.20other matter relevant to the prevention, abatement, or control of noise pollution.
78.21 (f) As to any matters subject to this chapter, local units of government may set
78.22emission regulations with respect to stationary sources which are more stringent than
78.23those set by the Pollution Control Agency.
78.24 (g) Pursuant to chapter 14, the Pollution Control Agency may adopt, amend,
78.25and rescind rules and standards having the force of law relating to any purpose within
78.26the provisions of this chapter for generators of hazardous waste, the management,
78.27identification, labeling, classification, storage, collection, treatment, transportation,
78.28processing, and disposal of hazardous waste and the location of hazardous waste facilities.
78.29A rule or standard may be of general application throughout the state or may be limited
78.30as to time, places, circumstances, or conditions. In implementing its hazardous waste
78.31rules, the Pollution Control Agency shall give high priority to providing planning and
78.32technical assistance to hazardous waste generators. The agency shall assist generators in
78.33investigating the availability and feasibility of both interim and long-term hazardous waste
78.34management methods. The methods shall include waste reduction, waste separation,
78.35waste processing, resource recovery, and temporary storage.
79.1 (h) The Pollution Control Agency shall give highest priority in the consideration
79.2of permits to authorize disposal of diseased shade trees by open burning at designated
79.3sites to evidence concerning economic costs of transportation and disposal of diseased
79.4shade trees by alternative methods.
79.5EFFECTIVE DATE.This section is effective the day following final enactment.
79.6 Sec. 64. Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read:
79.7 Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring
79.8the operator or owner of a solid waste disposal facility to submit to the agency proof
79.9of the operator's or owner's financial capability to provide reasonable and necessary
79.10response during the operating life of the facility and for 30 years after closure for a mixed
79.11municipal solid waste disposal facility or for a minimum of 20 years after closure, as
79.12determined by agency rules, for any other solid waste disposal facility, and to provide for
79.13the closure of the facility and postclosure care required under agency rules. Proof of
79.14financial responsibility is required of the operator or owner of a facility receiving an
79.15original permit or a permit for expansion after adoption of the rules. Within 180 days of
79.16the effective date of the rules or by July 1, 1987, whichever is later, proof of financial
79.17responsibility is required of an operator or owner of a facility with a remaining capacity of
79.18more than five years or 500,000 cubic yards that is in operation at the time the rules are
79.19adopted. Compliance with the rules and the requirements of paragraph (b) is a condition
79.20of obtaining or retaining a permit to operate the facility.
79.21(b) A municipality, as defined in section
79.22district, that owns or operates a solid waste disposal facility that was in operation on May
79.2315, 1989, may meet its financial responsibility for all or a portion of the contingency
79.24action portion of the reasonable and necessary response costs at the facility by pledging its
79.25full faith and credit to meet its responsibility.
79.26The pledge must be made in accordance with the requirements in chapter 475 for
79.27issuing bonds of the municipality, and the following additional requirements:
79.28(1) The governing body of the municipality shall enact an ordinance that clearly
79.29accepts responsibility for the costs of contingency action at the facility and that reserves,
79.30during the operating life of the facility and for the time period required in paragraph (a)
79.31after closure, a portion of the debt limit of the municipality, as established under section
79.33(2) The municipality shall require that all collectors that haul to the facility
79.34implement a plan for reducing solid waste by using volume-based pricing, recycling
79.35incentives, or other means.
80.1(3) When a municipality opts to meet a portion of its financial responsibility by
80.2relying on its authority to issue bonds, it shall also begin setting aside in a dedicated
80.3long-term care trust fund money that will cover a portion of the potential contingency
80.4action costs at the facility, the amount to be determined by the agency for each facility
80.5based on at least the amount of waste deposited in the disposal facility each year, and the
80.6likelihood and potential timing of conditions arising at the facility that will necessitate
80.7response action. The agency may not require a municipality to set aside more than five
80.8percent of the total cost in a single year.
80.9(4) A municipality shall have and consistently maintain an investment grade bond
80.10rating as a condition of using bonding authority to meet financial responsibility under
80.11this section.
80.12(5) The municipality shall file with the commissioner of revenue its consent to have
80.13the amount of its contingency action costs deducted from state aid payments otherwise
80.14due the municipality and paid instead to the remediation fund created in section
80.15if the municipality fails to conduct the contingency action at the facility when ordered
80.16by the agency. If the agency notifies the commissioner that the municipality has failed to
80.17conduct contingency action when ordered by the agency, the commissioner shall deduct
80.18the amounts indicated by the agency from the state aids in accordance with the consent
80.19filed with the commissioner.
80.20(6) The municipality shall file with the agency written proof that it has complied
80.21with the requirements of paragraph (b).
80.22(c) The method for proving financial responsibility under paragraph (b) may not be
80.23applied to a new solid waste disposal facility or to expansion of an existing facility, unless
80.24the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities
80.25cannot be permitted for a duration of longer than three years.
80.26(d) The commissioner shall consult with the commissioner of management and
80.27budget for guidance on the forms of financial assurance that are acceptable for private
80.28owners and public owners, and in carrying out a periodic review of the adequacy of
80.29financial assurance for solid waste disposal facilities. Financial assurance rules shall
80.30allow financial mechanisms to public owners of solid waste disposal facilities that are
80.31appropriate to their status as subdivisions of the state.
80.32EFFECTIVE DATE.This section is effective the day following final enactment.
80.33 Sec. 65. Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read:
80.34 Subd. 2a. When prepared. Where there is potential for significant environmental
80.35effects resulting from any major governmental action, the action shall be preceded by a
81.1detailed environmental impact statement prepared by the responsible governmental unit.
81.2The environmental impact statement shall be an analytical rather than an encyclopedic
81.3document which describes the proposed action in detail, analyzes its significant
81.4environmental impacts, discusses appropriate alternatives to the proposed action and
81.5their impacts, and explores methods by which adverse environmental impacts of an
81.6action could be mitigated. The environmental impact statement shall also analyze those
81.7economic, employment and sociological effects that cannot be avoided should the action
81.8be implemented. To ensure its use in the decision-making process, the environmental
81.9impact statement shall be prepared as early as practical in the formulation of an action.
81.10No mandatory environmental impact statement may be required for an ethanol plant,
81.11as defined in section
81.12125,000,000 gallons of ethanol annually and is located outside of the seven-county
81.13metropolitan area.
81.14(a) The board shall by rule establish categories of actions for which environmental
81.15impact statements and for which environmental assessment worksheets shall be prepared
81.16as well as categories of actions for which no environmental review is required under
81.17this section.
81.18(b) The responsible governmental unit shall promptly publish notice of the
81.19completion of an environmental assessment worksheet in a manner to be determined by
81.20the board and shall provide copies of the environmental assessment worksheet to the board
81.21and its member agencies. Comments on the need for an environmental impact statement
81.22may be submitted to the responsible governmental unit during a 30 day period following
81.23publication of the notice that an environmental assessment worksheet has been completed.
81.24The responsible governmental unit's decision on the need for an environmental impact
81.25statement shall be based on the environmental assessment worksheet and the comments
81.26received during the comment period, and shall be made within 15 days after the close of
81.27the comment period. The board's chair may extend the 15 day period by not more than 15
81.28additional days upon the request of the responsible governmental unit.
81.29(c) An environmental assessment worksheet shall also be prepared for a proposed
81.30action whenever material evidence accompanying a petition by not less than 25
81.31individuals, submitted before the proposed project has received final approval by the
81.32appropriate governmental units, demonstrates that, because of the nature or location of a
81.33proposed action, there may be potential for significant environmental effects. Petitions
81.34requesting the preparation of an environmental assessment worksheet shall be submitted to
81.35the board. The chair of the board shall determine the appropriate responsible governmental
81.36unit and forward the petition to it. A decision on the need for an environmental assessment
82.1worksheet shall be made by the responsible governmental unit within 15 days after the
82.2petition is received by the responsible governmental unit. The board's chair may extend
82.3the 15 day period by not more than 15 additional days upon request of the responsible
82.4governmental unit.
82.5(d) Except in an environmentally sensitive location where Minnesota Rules, part
82.64410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
82.7review under this chapter and rules of the board, if:
82.8(1) the proposed action is:
82.9(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
82.10(ii) an expansion of an existing animal feedlot facility with a total cumulative
82.11capacity of less than 1,000 animal units;
82.12(2) the application for the animal feedlot facility includes a written commitment by
82.13the proposer to design, construct, and operate the facility in full compliance with Pollution
82.14Control Agency feedlot rules; and
82.15(3) the county board holds a public meeting for citizen input at least ten business
82.16days prior to the Pollution Control Agency or county issuing a feedlot permit for the
82.17animal feedlot facility unless another public meeting for citizen input has been held with
82.18regard to the feedlot facility to be permitted. The exemption in this paragraph is in
82.19addition to other exemptions provided under other law and rules of the board.
82.20(e) The board may, prior to final approval of a proposed project, require preparation
82.21of an environmental assessment worksheet by a responsible governmental unit selected
82.22by the board for any action where environmental review under this section has not been
82.23specifically provided for by rule or otherwise initiated.
82.24(f) An early and open process shall be utilized to limit the scope of the environmental
82.25impact statement to a discussion of those impacts, which, because of the nature or location
82.26of the project, have the potential for significant environmental effects. The same process
82.27shall be utilized to determine the form, content and level of detail of the statement as well
82.28as the alternatives which are appropriate for consideration in the statement. In addition,
82.29the permits which will be required for the proposed action shall be identified during the
82.30scoping process. Further, the process shall identify those permits for which information
82.31will be developed concurrently with the environmental impact statement. The board
82.32shall provide in its rules for the expeditious completion of the scoping process. The
82.33determinations reached in the process shall be incorporated into the order requiring the
82.34preparation of an environmental impact statement.
82.35(g) The responsible governmental unit shall, to the extent practicable, avoid
82.36duplication and ensure coordination between state and federal environmental review
83.1and between environmental review and environmental permitting. Whenever practical,
83.2information needed by a governmental unit for making final decisions on permits or
83.3other actions required for a proposed project shall be developed in conjunction with the
83.4preparation of an environmental impact statement.
83.5(h) An environmental impact statement shall be prepared and its adequacy
83.6determined within 280 days after notice of its preparation unless the time is extended by
83.7consent of the parties or by the governor for good cause. The responsible governmental
83.8unit shall determine the adequacy of an environmental impact statement, unless within 60
83.9days after notice is published that an environmental impact statement will be prepared,
83.10the board chooses to determine the adequacy of an environmental impact statement. If an
83.11environmental impact statement is found to be inadequate, the responsible governmental
83.12unit shall have 60 days to prepare an adequate environmental impact statement.
83.13 Sec. 66. Minnesota Statutes 2008, section 116D.04, is amended by adding a
83.14subdivision to read:
83.15 Subd. 14. Customized environmental assessment worksheet forms; electronic
83.16submission. (a) The commissioners of natural resources and the Pollution Control
83.17Agency and the board shall periodically review mandatory environmental assessment
83.18worksheet categories under rules adopted under this section, and other project types that
83.19are frequently subject to environmental review, and develop customized environmental
83.20assessment worksheet forms for the category or project type. The forms must include
83.21specific questions that focus on key environmental issues for the category or project type.
83.22In assessing categories and project types and developing forms, the board shall seek
83.23the input of governmental units that are frequently responsible for the preparation of a
83.24worksheet for the particular category or project type. The commissioners and the board
83.25shall also seek input from the general public on the development of customized forms.
83.26The commissioners and board shall make the customized forms available online.
83.27(b) The commissioners of natural resources and the Pollution Control Agency shall
83.28allow for the electronic submission of environmental assessment worksheets and permits.
83.29 Sec. 67. Minnesota Statutes 2008, section 290.431, is amended to read:
83.30290.431 NONGAME WILDLIFE CHECKOFF.
83.31Every individual who files an income tax return or property tax refund claim form
83.32may designate on their original return that $1 or more shall be added to the tax or deducted
83.33from the refund that would otherwise be payable by or to that individual and paid into an
83.34account to be established for the management of nongame wildlife. The commissioner
84.1of revenue shall, on the income tax return and the property tax refund claim form, notify
84.2filers of their right to designate that a portion of their tax or refund shall be paid into
84.3the nongame wildlife management account. The sum of the amounts so designated to
84.4be paid shall be credited to the nongame wildlife management account for use by the
84.5nongame program
84.6interest earned on money accrued, gifts to the program, contributions to the program, and
84.7reimbursements of expenditures in the nongame wildlife management account shall be
84.8credited to the account by the commissioner of management and budget, except that
84.9gifts or contributions received directly by the commissioner of natural resources and
84.10directed by the contributor for use in specific nongame field projects or geographic
84.11areas shall be handled according to section
84.12of natural resources shall submit a work program for each fiscal year and semiannual
84.13progress reports to the Legislative-Citizen Commission on Minnesota Resources in the
84.14form determined by the commission.
84.15
84.16The state pledges and agrees with all contributors to the nongame wildlife
84.17management account to use the funds contributed solely for the management of nongame
84.18wildlife projects and further agrees that it will not impose additional conditions or
84.19restrictions that will limit or otherwise restrict the ability of the commissioner of natural
84.20resources to use the available funds for the most efficient and effective management of
84.21nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
84.22programs for the purpose of developing, preserving, restoring, and maintaining wintering
84.23habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
84.24or contract with any nonprofit organization dedicated to the construction, maintenance, and
84.25repair of such projects that are acceptable to the governmental agency having jurisdiction
84.26over the land and water affected by the projects. Under this authority, the commissioner
84.27may execute agreements and contracts if the commissioner determines that the use of the
84.28funds will benefit neotropical migrant birds that breed in or migrate through the state.
84.29 Sec. 68. Minnesota Statutes 2008, section 290.432, is amended to read:
84.30290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
84.31A corporation that files an income tax return may designate on its original return that
84.32$1 or more shall be added to the tax or deducted from the refund that would otherwise be
84.33payable by or to that corporation and paid into the nongame wildlife management account
84.34established by section
84.35Natural Resources for its nongame wildlife program. The commissioner of revenue shall,
85.1on the corporate tax return, notify filers of their right to designate that a portion of their
85.2tax return be paid into the nongame wildlife management account for the protection of
85.3endangered natural resources. All interest earned on money accrued, gifts to the program,
85.4contributions to the program, and reimbursements of expenditures in the nongame wildlife
85.5management account shall be credited to the account by the commissioner of management
85.6and budget, except that gifts or contributions received directly by the commissioner of
85.7natural resources and directed by the contributor for use in specific nongame field projects
85.8or geographic areas shall be handled according to section
85.9commissioner of natural resources shall submit a work program for each fiscal year to
85.10the Legislative-Citizen Commission on Minnesota Resources in the form determined by
85.11the commission.
85.12
85.13The state pledges and agrees with all corporate contributors to the nongame wildlife
85.14account to use the funds contributed solely for the nongame wildlife program and further
85.15agrees that it will not impose additional conditions or restrictions that will limit or
85.16otherwise restrict the ability of the commissioner of natural resources to use the available
85.17funds for the most efficient and effective management of those programs.
85.18 Sec. 69. Laws 2010, chapter 215, article 3, section 4, subdivision 10, is amended to
85.19read:
| 85.20 |
Subd. 10.Transfers In |
||||||
85.22management and budget shall transfer any
85.23remaining balance, estimated to be $98,000,
85.24from the stream protection and improvement
85.25fund under Minnesota Statutes, section
85.27in fiscal year 2011, all repayment of loans
85.28made and administrative fees assessed under
85.29Minnesota Statutes, section
85.30estimated to be $195,000 in 2011, must be
85.31transferred to the general fund.
85.32(b) The balance of surcharges on criminal and
85.33traffic offenders, estimated to be $900,000,
85.34and credited to the game and fish fund
86.1under Minnesota Statutes, section
86.2subdivision 7
86.32010, must be transferred to the general fund.
86.4(c) The appropriation in Laws 2007, First
86.5Special Session chapter 2, article 1, section
86.68, transferred to the appropriation in Laws
86.72007, First Special Session chapter 2, article
86.81, section 5, for cost-share flood programs
86.9in southeastern Minnesota, is reduced by
86.10$335,000 and that amount is canceled to the
86.11general fund.
86.12(d) Before June 30, 2011, the commissioner
86.13of management and budget shall transfer
86.14$1,000,000 from the fleet management
86.15account in the special revenue fund
86.16established under Minnesota Statutes, section
86.18 Sec. 70. SCHOOL TRUST LANDS STUDY.
86.19(a) By July 15, 2010, the commissioner of natural resources shall provide to
86.20the chairs of the house of representatives and the senate committees and divisions
86.21with primary jurisdiction over natural resources finance and education finance and the
86.22Permanent School Fund Advisory Committee information necessary to evaluate the
86.23effectiveness of the commissioner in managing school trust lands to successfully meet the
86.24goals contained in Minnesota Statutes, section 127A.31. The information to be provided
86.25shall include, but is not limited to:
86.26(1) an accurate description of the school trust lands and their land classification;
86.27(2) policies and procedures in place designed to meet the requirements of the
86.28fiduciary responsibility of the commissioner in management of the school trust lands; and
86.29(3) financial information identifying the current revenues from the land
86.30classifications and the potential for future maximization of those revenues.
86.31(b) By January 15, 2011, the commissioner of natural resources shall provide an
86.32analysis to the chairs of the house of representatives and senate committees and divisions
86.33with primary jurisdiction over natural resources finance and education finance and the
86.34Permanent School Fund Advisory Committee on the advantages and disadvantages of
87.1having a funding mechanism for compensating the permanent school fund for private and
87.2public use of school trust lands.
87.3 Sec. 71. COON RAPIDS DAM COMMISSION.
87.4 Subdivision 1. Establishment. (a) The Coon Rapids Dam Commission is
87.5established to perform the duties specified in subdivision 2.
87.6(b) The commission consists of 15 voting members and three nonvoting members
87.7as follows:
87.8(1) two members of the house of representatives, appointed by the speaker of the
87.9house, with one member from the minority caucus;
87.10(2) two members of the senate appointed by the Subcommittee on Committees of the
87.11Committee on Rules and Administration, with one member from the minority caucus;
87.12(3) the commissioner of natural resources or the commissioner's designee;
87.13(4) the commissioner of energy or the commissioner's designee;
87.14(5) two representatives of Three Rivers Park District, appointed by the Three Rivers
87.15Park District Board of Commissioners;
87.16(6) one representative each from the counties of Anoka and Hennepin, appointed
87.17by the respective county boards;
87.18(7) one representative each from the cities of Anoka, Brooklyn Park, Champlin, and
87.19Coon Rapids, appointed by the respective mayors;
87.20(8) one representative from the Metropolitan Council, appointed by the council chair;
87.21(9) one representative of the Mississippi National River and Recreation Area,
87.22appointed by the superintendent of the Mississippi National River and Recreation Area,
87.23who shall serve as a nonvoting member;
87.24(10) one representative of the United States Army Corps of Engineers, appointed
87.25by the commander of the St. Paul District, United States Army Corps of Engineers, who
87.26shall serve as a nonvoting member; and
87.27(11) one representative from the United States Fish and Wildlife Service, appointed
87.28by the regional director of the United States Fish and Wildlife Service, who shall serve
87.29as a nonvoting member.
87.30(c) The commission shall elect a chair from among its members.
87.31(d) Members of the commission shall serve a term of one year and may be
87.32reappointed for any successive number of terms.
87.33(e) The Three Rivers Park District shall provide the commission with office space
87.34and staff and administrative services.
87.35(f) Commission members shall serve without compensation.
88.1 Subd. 2. Duties. The commission shall study options and make recommendations
88.2for the future of the Coon Rapids Dam, including its suitable public uses, governance,
88.3operation, and maintenance and financing of the dam and its operations. The commission
88.4shall consider economic, environmental, ecological, and other pertinent factors. The
88.5commission shall, by March 1, 2011, develop and present to the legislature and the
88.6governor an analysis and recommendations for the Coon Rapids Dam. The commission
88.7shall present its findings to the house of representatives and senate committees and
88.8divisions having jurisdiction over natural resources and energy policy.
88.9 Subd. 3. Expiration. This section expires upon presentation of the commission's
88.10analysis and recommendations according to subdivision 2.
88.11EFFECTIVE DATE.This section is effective the day following final enactment.
88.12 Sec. 72. SOLID WASTE FACILITY FINANCIAL ASSURANCE
88.13MECHANISMS; INPUT.
88.14Within six months after the effective date of this section, and before publishing
88.15the rules required for groundwater sensitivity and financial assurance in Minnesota
88.16Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with
88.17experts and interested persons on financial assurance adequacy for solid waste facilities,
88.18including, but not limited to, staff from the Department of Natural Resources, Minnesota
88.19Management and Budget, local governments, private and public landfill operators, and
88.20environmental groups. The commissioner shall seek the input to determine the adequacy
88.21of existing financial assurance rules to address environmental risks, the length of time
88.22financial assurance is needed, based on the threat to human health and the environment,
88.23the reliability of financial assurance in covering risks from land disposal of waste in
88.24Minnesota and other states, and the role of private insurance.
88.25EFFECTIVE DATE.This section is effective the day following final enactment.
88.26 Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
88.27ADOPTION DELAY.
88.28(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
88.29adopt an ordinance by February 4, 2012, to comply with the February 4, 2008, revisions
88.30to subsurface sewage treatment system rules. By April 4, 2011, the Pollution Control
88.31Agency shall adopt the final rule amendments to the February 4, 2008, subsurface sewage
88.32treatment system rules. A county must continue to enforce its current ordinance until a
88.33new one has been adopted.
89.1(b) By January 15, 2011, the agency, after consultation with the Board of Water and
89.2Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
89.3ranking minority members of the senate and house of representatives environment and
89.4natural resources policy and finance committees and divisions on:
89.5(1) the technical changes in the rules for subsurface sewage treatment systems
89.6that were adopted on February 4, 2008;
89.7(2) the progress in local adoption of ordinances to comply with the rules; and
89.8(3) the progress in protecting the state's water resources from pollution due to
89.9subsurface sewage treatment systems.
89.10EFFECTIVE DATE.This section is effective the day following final enactment.
89.11 Sec. 74. DEPARTMENT OF NATURAL RESOURCES LONG-RANGE
89.12BUDGET ANALYSIS.
89.13(a) The commissioner of natural resources, in consultation with the commissioner
89.14of management and budget, shall estimate the total amount of funding available from all
89.15sources for each of the following land management categories: wildlife management
89.16areas; state forests; scientific and natural areas; aquatic management areas; public water
89.17access sites; and prairie bank easements. The commissioner of natural resources shall
89.18prepare a ten-year budget analysis of the department's ongoing land management needs,
89.19including restoration of each parcel needing restoration. The analysis shall include:
89.20(1) an analysis of the needs of wildlife management areas, including identification of
89.21internal systemwide guidelines on the proper frequency for activities such as controlled
89.22burns, tree and woody biomass removal, and brushland management;
89.23(2) an analysis of state forest needs, including identification of internal systemwide
89.24guidelines on the proper frequency for forest management activities;
89.25(3) an analysis of scientific and natural area needs, including identification of
89.26internal systemwide guidelines on the proper frequency for management activities;
89.27(4) an analysis of aquatic management area needs, including identification of internal
89.28systemwide guidelines on the proper frequency for management activities; and
89.29(5) an analysis of the needs of the state's public water access sites, including
89.30identification of internal systemwide guidelines on the proper frequency for management
89.31activities.
89.32(b) The commissioner shall compare the estimate of the total amount of funding
89.33available to the department's ongoing management needs to determine:
90.1(1) the amount necessary to manage, restore, and maintain existing wildlife
90.2management areas, state forests, scientific and natural areas, aquatic management areas,
90.3public water access sites, and prairie bank easements; and
90.4(2) the amount necessary to expand upon the existing wildlife management areas,
90.5state forests, scientific and natural areas, aquatic management areas, public water access
90.6sites, and prairie bank easement programs, including the feasibility of the department's
90.7existing long-range plans, if applicable, for each program.
90.8(c) The commissioner of natural resources shall submit the analysis to the chairs of
90.9the house of representatives and senate committees with jurisdiction over environment
90.10and natural resources finance and cultural and outdoor resources finance by November
90.1115, 2010.
90.12EFFECTIVE DATE.This section is effective the day following final enactment.
90.13 Sec. 75. WIND ENERGY SYSTEMS ON STATE-OWNED LANDS; REPORT.
90.14By February 15, 2011, the commissioner of natural resources shall report to the
90.15senate and house of representatives environment and natural resource policy and finance
90.16committees and divisions on the use of state-owned lands for wind energy systems. The
90.17report shall include:
90.18(1) information on the benefits and costs of using state-owned lands for wind energy
90.19systems;
90.20(2) the effects of wind energy systems on state-owned lands;
90.21(3) recommendations for a regulatory system and restrictions that will be necessary
90.22to protect the state's land and water resources when using state-owned lands for wind
90.23energy systems; and
90.24(4) identification of state-owned lands that would be suitable for wind energy
90.25systems and state-owned lands that would be unsuitable, including recommendations for
90.26restrictions on the use of state-owned lands based on their designation as units of the
90.27outdoor recreation system under Minnesota Statutes, section 86A.05.
90.28 Sec. 76. APPROPRIATION; DEPARTMENT OF NATURAL RESOURCES
90.29PEACE OFFICER TRAINING.
90.30(a) $145,000 in fiscal year 2011 is appropriated from the game and fish fund to
90.31the commissioner of natural resources for peace officer training for employees of the
90.32Department of Natural Resources who are licensed under Minnesota Statutes, sections
90.33626.84 to 626.863, to enforce game and fish laws. This appropriation is from the money
90.34credited to the game and fish fund under Minnesota Statutes, section 357.021, subdivision
91.17, paragraph (a), clause (1), from surcharges assessed to criminal and traffic offenders.
91.2This is a onetime appropriation.
91.3(b) By January 15, 2011, the commissioner of natural resources shall submit a report
91.4to the chairs of the committees and divisions with jurisdiction over natural resources and
91.5public safety on the expenditure of these funds, including the effectiveness of the activities
91.6funded in improving the enforcement of game and fish laws and the resulting outcomes
91.7for the state's natural resources.
91.8 Sec. 77. APPROPRIATION; STATE WATER TRAILS.
91.9$60,000 is appropriated in fiscal year 2011 from the water recreation account in the
91.10natural resources fund to the commissioner of natural resources to cooperate with local
91.11units of government in marking state water trails under Minnesota Statutes, section 85.32;
91.12acquiring and developing river accesses and campsites; and removing obstructions that
91.13may cause public safety hazards. This is a onetime appropriation and available until spent.
91.14 Sec. 78. APPROPRIATION; MOOSE TRAIL.
91.15$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources
91.16from the all-terrain vehicle account in the natural resources fund for a grant to the city of
91.17Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual usage trail, so that it
91.18may also be used as an off-highway vehicle trail connecting the city of Biwabik to the
91.19Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and
91.20is available until spent.
91.21 Sec. 79. APPROPRIATION; ECOLOGICAL CLASSIFICATION PROGRAM.
91.22$250,000 in fiscal year 2011 is appropriated from the heritage enhancement account
91.23in the game and fish fund to the commissioner of natural resources to maintain and expand
91.24the ecological classification program on state forest lands. This is a onetime appropriation.
91.25 Sec. 80. PARKS AND TRAILS APPROPRIATION; LOTTERY-IN-LIEU
91.26REVENUE.
91.27$300,000 in fiscal year 2011 is appropriated from the natural resources fund to
91.28the commissioner of natural resources for state park, state recreation area, and state
91.29trail operations. This is from the revenue deposited in the natural resources fund under
91.30Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
91.31$300,000 in fiscal year 2011 is appropriated from the natural resources fund to
91.32the Metropolitan Council for metropolitan area regional parks and trails maintenance
92.1and operations. This is from the revenue deposited in the natural resources fund under
92.2Minnesota Statutes, section 297A.94, paragraph (e), clause (3).
92.3 Sec. 81. REFUSE MANAGEMENT PILOT PROJECT; CANNON RIVER.
92.4The commissioner of natural resources shall establish a two-year pilot project on the
92.5Cannon River under a written agreement between the establishment and the commissioner
92.6of natural resources that allows canoe and inner tube rental establishments to take
92.7responsibility for the management of their patrons' refuse on the river, including allowing
92.8canoe and inner tube establishments to provide disposable refuse containers to each group.
92.9 Sec. 82. REVISOR'S INSTRUCTION.
92.10(a) The revisor of statutes shall change the term "horse trail pass" to "horse pass"
92.11wherever it appears in Minnesota Statutes and Minnesota Rules.
92.12(b) The revisor of statutes shall change the term "canoe and boating routes" or
92.13similar term to "state water trails" or similar term wherever it appears in Minnesota
92.14Statutes and Minnesota Rules.
92.15(c) The revisor of statutes shall change the term "Minnesota Conservation Corps" to
92.16"Conservation Corps Minnesota" wherever it appears in Minnesota Statutes.
92.17 Sec. 83. REPEALER.
92.18(a) Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1; 103G.295;
92.19and 103G.650, are repealed.
92.20(b) Minnesota Statutes 2009 Supplement, section 88.795, is repealed.
92.23 Section 1. Minnesota Statutes 2008, section 3.8851, subdivision 7, is amended to read:
92.24 Subd. 7. Assessment; appropriation. (a) Upon request by the cochairs of the
92.25commission, the commissioner of commerce shall assess the amount requested for the
92.26operation of the commission, not to exceed $250,000 in a fiscal year, from the following
92.27sources:
92.28 (1) 50 percent of the assessment must come from all public utilities, municipal
92.29utilities, electric cooperative associations, generation and transmission cooperative electric
92.30associations, and municipal power agencies providing electric or natural gas services
92.31in Minnesota; and
93.1 (2) 50 percent of the assessment must come from all bulk terminals located in this
93.2state from which petroleum products and liquid petroleum gas are dispensed
93.3
93.4 (b) The commissioner of commerce shall apportion the assessment amount requested
93.5among the entities in paragraph (a),
93.6respective gross operating revenues from energy sold within the state during the most
93.7recent calendar year
93.8(c) The commissioner of commerce shall apportion the assessment amount requested
93.9equally among the referenced entities in paragraph (a), clause (2).
93.10
93.11information to the commissioner of commerce to allow for calculation of the assessment.
93.12
93.13under section
93.14the legislative energy commission account in the special revenue fund. Funds in the
93.15legislative energy commission account are appropriated to the director of the Legislative
93.16Coordinating Commission for the purposes of this section, and
93.17expended. Utilities selling gas and electric service at retail must be assessed and billed
93.18in accordance with the procedures provided in section
93.19procedures do not conflict with this subdivision.
93.20EFFECTIVE DATE.This section is effective the day following final enactment.
93.21 Sec. 2. Minnesota Statutes 2008, section 116C.779, subdivision 1, is amended to read:
93.22 Subdivision 1. Renewable development account. (a) The public utility that owns
93.23the Prairie Island nuclear generating plant must transfer to a renewable development
93.24account
93.25that is located at the Prairie Island power plant for each year the plant is in operation, and
93.26$7,500,000 each year the plant is not in operation if ordered by the commission pursuant
93.27to paragraph (d). The fund transfer must be made if nuclear waste is stored in a dry cask at
93.28the independent spent-fuel storage facility at Prairie Island for any part of a year. Funds
93.29in the account may be expended only for development of renewable energy sources.
93.30Preference must be given to development of renewable energy source projects located
93.31within the state. The utility that owns a nuclear generating plant is eligible to apply for
93.32renewable development fund grants. The utility's proposals must be evaluated by the
93.33renewable development fund board in a manner consistent with that used to evaluate other
93.34renewable development fund project proposals.
94.1 (b) The public utility that owns the Monticello nuclear generating plant must transfer
94.2to the renewable development account $350,000 each year for each dry cask containing
94.3spent fuel that is located at the Monticello nuclear power plant for each year the plant is
94.4in operation, and $5,250,000 each year the plant is not in operation if ordered by the
94.5commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste
94.6is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
94.7any part of a year.
94.8 (c) Expenditures from the account may only be made after approval by order of the
94.9Public Utilities Commission upon a petition by the public utility.
94.10 (d) After discontinuation of operation of the Prairie Island nuclear plant or the
94.11Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the
94.12discontinued facility, the commission shall require the public utility to pay $7,500,000 for
94.13the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello
94.14facility for any year in which the commission finds, by the preponderance of the evidence,
94.15that the public utility did not make a good faith effort to remove the spent nuclear
94.16fuel stored at the facility to a permanent or interim storage site out of the state. This
94.17determination shall be made at least every two years.
94.18EFFECTIVE DATE.This section is effective when 32 dry casks containing spent
94.19fuel are located at the Prairie Island nuclear plant.
94.20 Sec. 3. [116C.7791] REBATES FOR SOLAR PHOTOVOLTAIC MODULES.
94.21 Subdivision 1. Definitions. For the purpose of this section, the following terms
94.22have the meanings given.
94.23(a) "Installation" means an array of solar photovoltaic modules attached to a building
94.24that will use the electricity generated by the solar photovoltaic modules or placed on a
94.25facility or property proximate to that building.
94.26(b) "Manufactured" means:
94.27(1) the material production of solar photovoltaic modules, including the tabbing,
94.28stringing, and lamination processes; or
94.29(2) the production of interconnections of low-voltage photoactive elements that
94.30produce the final useful photovoltaic output by a manufacturer operating in this state on
94.31the effective date of this section.
94.32(c) "Qualified owner" means an owner of a qualified property, but does not include
94.33an entity engaged in the business of generating or selling electricity at retail, or an
94.34unregulated subsidiary of such an entity.
95.1(d) "Qualified property" means a residence, multifamily residence, business, or
95.2publicly owned building located in the assigned service area of the utility subject to
95.3section 116C.779.
95.4(e) "Solar photovoltaic module" means the smallest, nondivisible, self-contained
95.5physical structure housing interconnected photovoltaic cells and providing a single direct
95.6current of electrical output.
95.7 Subd. 2. Establishment. The utility subject to section 116C.779 shall establish
95.8a program to provide rebates to an owner of a qualified property for installing solar
95.9photovoltaic modules manufactured in Minnesota after December 31, 2009. Any solar
95.10photovoltaic modules installed under this program and any expenses incurred by the
95.11utility operating the program shall be treated the same as solar installations and related
95.12expenses under section 216B.241.
95.13 Subd. 3. Rebate eligibility. (a) To be eligible for a rebate under this section, a
95.14solar photovoltaic module:
95.15(1) must be manufactured in Minnesota;
95.16(2) must be installed on a qualified property as part of a system whose generating
95.17capacity does not exceed 40 kilowatts;
95.18(3) must be certified by Underwriters Laboratory, must have received the ETL
95.19listed mark from Intertek, or must have an equivalent certification from an independent
95.20testing agency;
95.21(4) may or may not be connected to a utility grid;
95.22(5) must be installed, or reviewed and approved, by a person certified as a solar
95.23photovoltaic installer by the North American Board of Certified Energy Practitioners; and
95.24(6) may not be used to sell, transmit, or distribute the electrical energy at retail,
95.25nor to provide end-use electricity to an offsite facility of the electrical energy generator.
95.26On-site generation is allowed to the extent provided for in section 216B.1611.
95.27(b) To be eligible for a rebate under this section, an applicant must have applied for
95.28and been awarded a rebate or other form of financial assistance available exclusively to
95.29owners of properties on which solar photovoltaic modules are installed that is offered by:
95.30(1) the utility serving the property on which the solar photovoltaic modules are to
95.31be installed; or
95.32(2) this state, under an authority other than this section.
95.33(c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is
95.34eligible if the applicant's failure to secure a rebate or other form of financial assistance is
95.35due solely to a lack of available funds on the part of a utility or this state.
96.1 Subd. 4. Rebate amount and payment. (a) The amount of a rebate under this
96.2section is the difference between the sum of all rebates described in subdivision 3,
96.3paragraph (b), awarded to the applicant and $5 per watt of installed generating capacity.
96.4(b) Notwithstanding paragraph (a), the amount of all rebates or other forms of
96.5financial assistance awarded to an applicant by a utility and the state, including any rebate
96.6paid under this section, net of applicable federal income taxes applied at the highest
96.7applicable income tax rates, must not exceed 60 percent of the total installed cost of
96.8the solar photovoltaic modules.
96.9(c) Rebates must be awarded to eligible applicants beginning July 1, 2010.
96.10(d) The rebate must be paid out proportionately in five consecutive annual
96.11installments.
96.12 Subd. 5. Rebate program funding. (a) The following amounts must be allocated
96.13from the renewable development account established in section 116C.779 to a separate
96.14account for the purpose of providing the rebates for solar photovoltaic modules specified
96.15in this section:
96.16(1) $2,000,000 in fiscal year 2011;
96.17(2) $4,000,000 in fiscal year 2012;
96.18(3) $5,000,000 in fiscal year 2013;
96.19(4) $5,000,000 in fiscal year 2014; and
96.20(5) $5,000,000 in fiscal year 2015.
96.21(b) If, by the end of fiscal year 2015, insufficient qualified owners have applied for
96.22and met the requirements for rebates under this section to exhaust the funds available, any
96.23remaining balance shall be returned to the account established under section 116C.779.
96.24EFFECTIVE DATE.This section is effective the day following final enactment.
96.25 Sec. 4. Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to read:
96.26 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
96.27have the meanings given.
96.28(b) "Green economy" means products, processes, methods, technologies, or services
96.29intended to do one or more of the following:
96.30 (1) increase the use of energy from renewable sources, including through achieving
96.31the renewable energy standard established in section
96.32 (2) achieve the statewide energy-savings goal established in section
96.33including energy savings achieved by the conservation investment program under section
97.1 (3) achieve the greenhouse gas emission reduction goals of section
97.2subdivision 1, including through reduction of greenhouse gas emissions, as defined in
97.3section
97.4but not limited to, carbon capture, storage, or sequestration;
97.5 (4) monitor, protect, restore, and preserve the quality of surface waters, including
97.6actions to further the purposes of the Clean Water Legacy Act as provided in section
97.8 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
97.9cost of producing biofuels or the types of equipment, machinery, and vehicles that can
97.10use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections
97.12(6) increase the use of green chemistry, as defined in section 116.9401.
97.13For the purpose of clause (3), "green economy" includes strategies that reduce carbon
97.14emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
97.15transit or otherwise reducing commuting for employees.
97.16EFFECTIVE DATE.This section is effective the day following final enactment.
97.17 Sec. 5. Minnesota Statutes 2008, section 216B.16, subdivision 14, is amended to read:
97.18 Subd. 14. Low-income electric rate discount. A public utility shall fund an
97.19affordability program for low-income customers in an amount based on a 50 percent
97.20electric rate discount on the first
97.21low-income residential customers of the utility. For the purposes of this subdivision,
97.22"low-income" describes a customer who is receiving assistance from the federal
97.23low-income home energy assistance program. The affordability program must be designed
97.24to target participating customers with the lowest incomes and highest energy costs in order
97.25to lower the percentage of income they devote to energy bills, increase their payments,
97.26and lower costs associated with collection activities on their accounts. For low-income
97.27customers who are 62 years of age or older or disabled, the program must, in addition to
97.28any other program benefits, include a 50 percent electric rate discount on the first
97.29kilowatt-hours consumed in a billing period. For the purposes of this subdivision, "public
97.30utility" includes only those public utilities with more than 200,000 residential electric
97.31service customers. The commission may issue orders necessary to implement, administer,
97.32and recover the costs of the program on a timely basis.
97.33 Sec. 6. Minnesota Statutes 2008, section 216B.16, subdivision 15, is amended to read:
98.1 Subd. 15. Low-income affordability programs. (a) The commission must
98.2consider ability to pay as a factor in setting utility rates and may establish affordability
98.3programs for low-income residential ratepayers in order to ensure affordable, reliable,
98.4and continuous service to low-income utility customers. Affordability programs may
98.5include inverted block rates in which lower energy prices are made available to lower
98.6usage customers. By September 1, 2007, a public utility serving low-income residential
98.7ratepayers who use natural gas for heating must file an affordability program with the
98.8commission. For purposes of this subdivision, "low-income residential ratepayers" means
98.9ratepayers who receive energy assistance from the low-income home energy assistance
98.10program (LIHEAP).
98.11 (b) Any affordability program the commission orders a utility to implement must:
98.12 (1) lower the percentage of income that participating low-income households devote
98.13to energy bills;
98.14 (2) increase participating customer payments over time by increasing the frequency
98.15of payments;
98.16 (3) decrease or eliminate participating customer arrears;
98.17 (4) lower the utility costs associated with customer account collection activities; and
98.18 (5) coordinate the program with other available low-income bill payment assistance
98.19and conservation resources.
98.20 (c) In ordering affordability programs, the commission may require public utilities to
98.21file program evaluations that measure the effect of the affordability program on:
98.22 (1) the percentage of income that participating households devote to energy bills;
98.23 (2) service disconnections; and
98.24 (3) frequency of customer payments, utility collection costs, arrearages, and bad
98.25debt.
98.26 (d) The commission must issue orders necessary to implement, administer, and
98.27evaluate affordability programs, and to allow a utility to recover program costs, including
98.28administrative costs, on a timely basis. The commission may not allow a utility to recover
98.29administrative costs, excluding start-up costs, in excess of five percent of total program
98.30costs, or program evaluation costs in excess of two percent of total program costs. The
98.31commission must permit deferred accounting, with carrying costs, for recovery of program
98.32costs incurred during the period between general rate cases.
98.33 (e) Public utilities may use information collected or created for the purpose of
98.34administering energy assistance to administer affordability programs.
99.1 Sec. 7. [216B.1695] ENVIRONMENTAL PROJECTS; ADVANCE
99.2DETERMINATION OF PRUDENCE.
99.3 Subdivision 1. Qualifying project. A public utility may petition the commission for
99.4an advance determination of prudence for a project undertaken to comply with federal
99.5or state air quality standards of states in which the utility's electric generation facilities
99.6are located, if the project has an expected jurisdictional cost to Minnesota ratepayers of
99.7at least $10,000,000. A project is undertaken to comply with federal or state air quality
99.8standards if it is required:
99.9(1) by the state in which the generation facility is located in a state implementation
99.10plan, permit, or order; or
99.11(2) to comply with section 111 or 112 of the federal Clean Air Act, United States
99.12Code, title 42, section 7411 or 7412.
99.13 Subd. 2. Regulatory cost assessments and reports. A utility requesting an
99.14advance determination under subdivision 1 must, as part of the evidence required when
99.15filing a petition under subdivision 3, provide to the Public Utilities Commission and the
99.16Pollution Control Agency an assessment of all anticipated state and federal environmental
99.17regulations related to the production of electricity from the utility's facility subject to
99.18the filing, including regulations relating to:
99.19(1) air pollution by nitrogen oxide and sulphur dioxide, including an assumption that
99.20Minnesota will be included in the federal Clean Air Interstate Rule region, hazardous air
99.21pollutants, carbon dioxide, particulates, and ozone;
99.22(2) coal waste; and
99.23(3) water consumption and water pollution.
99.24In addition, the utility shall provide an assessment of the financial and operational
99.25impacts of these pending regulations applicable to the generating facility that is the
99.26subject of the filing and provide a range of regulatory response scenarios that include, but
99.27are not limited to:
99.28(1) the installation of pollution control equipment;
99.29(2) the benefits of the retirement or repowering of the plant that is the subject of
99.30the filing with cleaner fuels considering the costs of complying with state and federal
99.31environmental regulations; and
99.32(3) the use of pollution allowances to achieve compliance.
99.33The utility shall consult with interested stakeholders in establishing the scope of the
99.34regulatory, financial, and operational assessments prior to or during the 60-day period of
99.35the notice under subdivision 4.
100.1 Subd. 3. Petition. A petition filed under this section must include a description of
100.2the project, evidence supporting the project's reasonableness, a discussion of project
100.3alternatives, a project implementation schedule, a cost estimate and support for the
100.4reasonableness of the estimated cost, and a description of the public utility's efforts to
100.5ensure the lowest reasonable costs. Following receipt of the Pollution Control Agency's
100.6verification under subdivision 4, the commission shall allow opportunity for oral and
100.7written comment on the petition. The commission shall make a final determination on
100.8the petition within ten months of its filing date. The commission must make findings
100.9in support of its determination.
100.10 Subd. 4. Verification. At least 60 days prior to filing a petition to the commission
100.11under subdivision 3, the utility shall file notice with the Pollution Control Agency that
100.12describes the project and how it qualifies under subdivision 1. The Pollution Control
100.13Agency shall, within 60 days of receipt of the notice, verify that the project qualifies under
100.14subdivision 1, and shall forward written verification to the commission.
100.15 Subd. 5. Cost recovery. The utility may begin recovery of costs that have been
100.16incurred by the utility in connection with implementation of the project in the next rate
100.17case following an advance determination of prudence. The commission shall review the
100.18costs incurred by the utility for the project. The utility must show that the project costs
100.19are reasonable and necessary, and demonstrate its efforts to ensure the lowest reasonable
100.20project costs. Notwithstanding the commission's prior determination of prudence, it may
100.21accept, modify, or reject any of the project costs. The commission may determine whether
100.22to require an allowance for funds used during construction offset.
100.23 Subd. 6. Expiration. A petition for an advance determination of prudence may not
100.24be filed after December 31, 2015.
100.25EFFECTIVE DATE.This section is effective the day following final enactment.
100.26 Sec. 8. Minnesota Statutes 2008, section 216B.2401, is amended to read:
100.27216B.2401 ENERGY CONSERVATION POLICY GOAL.
100.28 It is the energy policy of the state of Minnesota to achieve annual energy savings
100.29equal to 1.5 percent of annual retail energy sales of electricity and natural gas directly
100.30through energy conservation improvement programs and rate design, such as inverted
100.31block rates in which lower energy prices are made available to lower usage residential
100.32customers, and indirectly through energy codes and appliance standards, programs
100.33designed to transform the market or change consumer behavior, energy savings resulting
101.1from efficiency improvements to the utility infrastructure and system, and other efforts to
101.2promote energy efficiency and energy conservation.
101.3 Sec. 9. Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision
101.4to read:
101.5 Subd. 3a. Supplemental staffing assessment. In addition to other assessments in
101.6subdivision 3, the commission may assess up to $800,000 per year for supplemental
101.7staffing to implement requirements of this chapter. The amount in this subdivision shall
101.8be assessed to the several public utilities in proportion to their respective gross operating
101.9revenues from retail sales of gas or electric service within the state during the last calendar
101.10year, shall be deposited into an account in the special revenue fund, and appropriated to
101.11the commission. An assessment made under this subdivision is not subject to the cap on
101.12assessments provided in subdivision 3 or any other law.
101.13 Sec. 10. Minnesota Statutes 2008, section 326B.106, subdivision 12, is amended to
101.14read:
101.15 Subd. 12. Separate metering for electric service. The standards concerning heat
101.16loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
101.17that electrical service to individual dwelling units in buildings containing two or more
101.18units be separately metered, with individual metering readily accessible to the individual
101.19occupants. The standards authorized by this subdivision shall only apply to buildings
101.20constructed after the effective date of the amended standards. Buildings intended for
101.21occupancy primarily by persons who are 62 years of age or older or disabled, supportive
101.22housing, or
101.23kitchen facilities, shall be exempt from the provisions of this subdivision. For purposes
101.24of this section, "supportive housing" means housing made available to individuals and
101.25families with multiple barriers to obtaining and maintaining housing, including those who
101.26are formerly homeless or at risk of homelessness and those who have a mental illness,
101.27substance abuse disorder, debilitating disease, or a combination of these conditions.
101.28 Sec. 11. [383B.1588] ENERGY FORWARD PRICING MECHANISMS.
101.29 Subdivision 1. Definitions. The following definitions apply in this section.
101.30(a) "Energy" means natural gas, heating oil, diesel fuel, unleaded fuel, or any other
101.31energy source, except electric, used in Hennepin County operations.
101.32(b) "Forward pricing mechanism" means either:
102.1(1) a contract or financial instrument that obligates Hennepin County to buy or sell a
102.2specified amount of an energy commodity at a future date and at a set price; or
102.3(2) an option to buy or sell the contract or financial instrument.
102.4 Subd. 2. Authority provided. Notwithstanding any other law to the contrary,
102.5the Hennepin County Board of Commissioners may use forward pricing mechanisms
102.6for budget risk reduction.
102.7 Subd. 3. Conditions. (a) Forward pricing transactions made under this section must
102.8be made only under the conditions in this subdivision.
102.9(b) The amount of energy forward priced must not exceed the estimated energy
102.10usage for Hennepin County operations for the period of time covered by the forward
102.11pricing mechanism.
102.12(c) The holding period and expiration date for any forward pricing mechanism must
102.13not exceed 24 months from the trade date of the transaction.
102.14(d) Separate accounts must be established for each operational energy for which
102.15forward pricing mechanisms are used under this section.
102.16 Subd. 4. Written policies and procedures. Before exercising authority under
102.17subdivision 2, the Hennepin County Board of Commissioners must have written policies
102.18and procedures governing the use of forward pricing mechanisms.
102.19 Subd. 5. Oversight process. (a) Before exercising authority under subdivision 2,
102.20the Hennepin County Board of Commissioners must establish an oversight process that
102.21provides for review of the county's used of forward pricing mechanisms.
102.22(b) The process must include:
102.23(1) internal or external audit reviews;
102.24(2) annual reports to, and review by, an internal investment committee; and
102.25(3) internal management control.
102.26EFFECTIVE DATE.This section is effective without local approval the day
102.27following final enactment as provided under Minnesota Statutes, section 645.023,
102.28subdivision 1, paragraph (a).
102.29 Sec. 12. [383B.82] WIND AND SOLAR BUSINESS ENTITY PARTICIPATION.
102.30To exercise the authority granted to counties under section 373.48, Hennepin County
102.31may be a limited partner in a partnership, a member of a limited liability company, or a
102.32shareholder in a corporation established for the purpose of constructing, acquiring, owning
102.33in whole or in part, financing, or operating a facility that generates electricity from wind
102.34or solar energy. Liability for Hennepin County is governed by section 466.04. Section
103.1466.04 also governs liability for a limited liability company or a corporation, either of
103.2which is wholly owned by Hennepin County and formed under this section.
103.3 Sec. 13. Laws 1981, chapter 222, section 1, is amended to read:
103.4 Section 1. MINNEAPOLIS AND ST. PAUL; RESIDENTIAL, COMMERCIAL,
103.5AND INDUSTRIAL ENERGY CONSERVATION PROGRAM; PURPOSE.
103.6The legislature finds and declares that the state faces potential serious shortages in
103.7energy resources and that implementing energy conservation measures requires expanded
103.8authority and technical capability in order to minimize the use of traditional energy
103.9sources in the housing
103.10energy conservation is a public purpose; and that it is in the public interest to authorize
103.11the city of Minneapolis and the city of St. Paul to provide
103.12
103.13loans for energy improvements.
103.14EFFECTIVE DATE.This section is effective the day following final enactment for
103.15each of the cities of Minneapolis and St. Paul without local approval under Minnesota
103.16Statutes, section 645.023, subdivision 1, paragraph (a).
103.17 Sec. 14. Laws 1981, chapter 222, section 2, is amended to read:
103.18 Sec. 2.
103.19Notwithstanding any provision of law or charter to the contrary the city of
103.20Minneapolis and the city of St. Paul, individually or jointly are authorized to develop and
103.21administer a program or programs for the making or purchasing of energy improvement or
103.22energy rehabilitation loans with respect to
103.23properties located anywhere within their respective boundaries on such terms and
103.24conditions as set forth in this act and an ordinance which shall be adopted by the governing
103.25body or bodies of the municipality or municipalities establishing the program. At least 75
103.26percent of the proceeds of each energy improvement or energy rehabilitation loan shall
103.27be used for
103.28city determines are (a) used or useful to conserve energy or (b) to convert or retrofit
103.29an existing structure for the purpose of using an energy source which does not depend
103.30on nuclear or nonrenewable petroleum based resources, and (2) which, when installed
103.31or completed, will
103.32reduction of energy use from nuclear or nonrenewable petroleum based resources. The
103.33ordinance establishing the program shall establish the manner of determining whether the
103.34
104.1effective reduction of energy use. Loans may be made without regard to income level
104.2of the loan recipient, shall bear interest at a rate or rates as are established by the city or
104.3cities, shall be for a term of not to exceed 20 years, and may be secured by a mortgage
104.4or other security interest. The powers granted to each city by sections 1 to 5 of this act
104.5are supplemental and in addition to those granted by Minnesota Statutes, Chapter 462C,
104.6Chapter 469, and any other law or charter.
104.7EFFECTIVE DATE.This section is effective the day following final enactment for
104.8each of the cities of Minneapolis and St. Paul without local approval under Minnesota
104.9Statutes, section 645.023, subdivision 1, paragraph (a).
104.10 Sec. 15. Laws 1981, chapter 222, section 3, is amended to read:
104.11 Sec. 3. LIMITATIONS.
104.12A program may be established pursuant to this act only after the city establishing the
104.13program determines that:
104.14(1) There is a continued need to reduce consumption of energy from nonrenewable
104.15petroleum based resources.
104.16(2) There are
104.17need of energy improvements and energy rehabilitation.
104.18(3) Private sources of financing are not reasonably available to provide the needed
104.19loans for energy improvements and energy rehabilitation.
104.20(4) The types of energy improvements and energy rehabilitation will reduce the
104.21consumption of energy from nonrenewable petroleum based resources or from nuclear
104.22sources.
104.23Findings made by the city pursuant to this section shall be conclusive and final.
104.24EFFECTIVE DATE.This section is effective the day following final enactment for
104.25each of the cities of Minneapolis and St. Paul without local approval under Minnesota
104.26Statutes, section 645.023, subdivision 1, paragraph (a).
104.27 Sec. 16. Laws 1981, chapter 222, section 4, subdivision 2, is amended to read:
104.28 Subd. 2. Bonding and financial authority. Notwithstanding the provisions of any
104.29other law, general or special to the contrary, and in addition to the authority contained in
104.30any other law, the city of Minneapolis and the city of St. Paul individually or jointly may
104.31exercise any and all of the same powers in relation to the making or purchasing of loans
104.32or other securities and in the issuing of revenue bonds or obligations in furtherance of
104.33the programs authorized by sections 1 to 5 as the Minnesota housing finance agency is
105.1authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without
105.2regard to any of the limitations set forth in Minnesota Statutes, Chapters 462C or 475.
105.3The revenue bonds or obligations shall be payable from revenues from the program and
105.4other city
105.5other sources of city revenue which are derived from federal sources other than general
105.6revenue sharing, or private grant sources. The city shall not levy or pledge to levy any
105.7ad valorem tax upon real property for the purpose of paying principal of or interest on
105.8revenue bonds or obligations.
105.9EFFECTIVE DATE.This section is effective the day following final enactment for
105.10each of the cities of Minneapolis and St. Paul without local approval under Minnesota
105.11Statutes, section 645.023, subdivision 1, paragraph (a).
105.12 Sec. 17. Laws 2009, chapter 37, article 2, section 13, is amended to read:
105.13 Sec. 13. APPROPRIATIONS; CANCELLATIONS.
105.14(a) The remaining balance of the fiscal year 2009 special revenue fund appropriation
105.15for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3,
105.16subdivision 4, is transferred and appropriated to the commissioner of employment and
105.17economic development for the purposes of green enterprise assistance under Minnesota
105.18Statutes, section
105.19(b) The unencumbered balance of the fiscal year 2008 appropriation to the
105.20commissioner of commerce for the rural and energy development revolving loan
105.21fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and
105.22reappropriated to the commissioner of commerce as follows:
105.23(1) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges
105.24and Universities for the International Renewable Energy Technology Institute (IRETI) to
105.25be located at Minnesota State University, Mankato, as a public and private partnership to
105.26support applied research in renewable energy and energy efficiency to aid in the transfer of
105.27technology from Sweden to Minnesota and to support technology commercialization from
105.28companies located in Minnesota and throughout the world; and
105.29(2) the remaining balance is for a grant to the Board of Regents of the University of
105.30Minnesota for the initiative for renewable energy and the environment to fund start up
105.31costs related to a national solar testing and certification laboratory to test, rate, and certify
105.32the performance of equipment and devices that utilize solar energy for heating and cooling
105.33air and water and for generating electricity.
105.34This appropriation is available until expended.
106.1EFFECTIVE DATE.This section is effective the day following final enactment.
106.2 Sec. 18. Laws 2009, chapter 138, article 2, section 4, is amended to read:
106.3 Sec. 4. SMALL CITY ENERGY EFFICIENCY GRANT.
106.4 Subdivision 1. Program. The commissioner shall make a grant for an innovative
106.5residential and commercial energy efficiency program in a small rural city with a
106.6population under 4,000 located in the service area of Minnesota Power that is currently
106.7working with that utility, the county housing and redevelopment authority, and other
106.8state and local housing organizations to enhance energy efficiency for residents and
106.9businesses. Stimulus funds must be matched $1 for every $4 of stimulus funds granted
106.10under this section and are available to the extent of the match. The program must include
106.11the following elements:
106.12(1) provision of basic residential and commercial energy conservation measures;
106.13(2) provision of more comprehensive residential and commercial energy
106.14conservation measures, including extensive retrofits and appliance upgrades; and
106.15(3)
106.16
106.17
106.18efficiency improvements, at least in part, with energy savings.
106.19 Subd. 2. Report. By
106.20a report measuring and assessing the program's effectiveness and energy savings to the
106.21commissioner and the chairs and ranking minority members of the senate and house of
106.22representatives committees with primary jurisdiction over energy policy and finance.
106.23EFFECTIVE DATE.This section is effective the day following final enactment.
106.24 Sec. 19. URBAN TRANSMISSION LINE; CERTIFICATE OF NEED
106.25REQUIRED.
106.26(a) A high-voltage transmission line longer than one mile with a capacity of 100
106.27kilovolts or more that is located in a city of the first class in a zone within one mile of the
106.28transmission line in which population density exceeds 8,000 persons per square mile, and
106.29that runs parallel to and is within one-half mile of a below-grade bike and walking path
106.30that connects with other bike paths along a river, is subject to the provisions of Minnesota
106.31Statutes, section 216B.243.
106.32 (b) This section expires December 31, 2014.
107.1EFFECTIVE DATE.This section is effective the day following final enactment
107.2and applies only to high-voltage transmission lines described in this section that are the
107.3subject of an application for a route permit under Minnesota Statutes, chapter 216E, that is
107.4pending before the Public Utilities Commission on March 15, 2010.
107.5 Sec. 20. NEIGHBORHOOD ENERGY REDUCTION REPORT.
107.6 Subdivision 1. Report. (a) By February 15, 2011, an organization with experience
107.7in energy conservation and energy planning at the neighborhood level that serves as
107.8project manager must submit a report to the chairs and ranking minority members of the
107.9senate and house of representatives committees with primary jurisdiction over energy
107.10policy that contains the following information:
107.11(1) projections of the amount of energy that can be conserved and generated through
107.12the implementation of cost-effective energy efficiency investments; innovative energy
107.13storage projects, including thermal energy storage; smart-grid technologies; and energy
107.14produced from distributed generation projects fueled by solar photovoltaic and other
107.15renewable energy sources located in the focused study area designated in the application
107.16to the Minnesota Public Utilities Commission for a route permit for the high-voltage
107.17transmission line identified in section 19;
107.18(2) for each energy-reducing or energy-generating element recommended,
107.19estimates of the amount of energy conserved or generated, the reduction in peak demand
107.20requirements in the focused study area, and the cost per unit of energy saved or generated;
107.21and
107.22(3) an estimate of the number of green jobs that would be created through
107.23implementation of the report's recommendations.
107.24(b) Requests by the project manager for information from the utility serving the
107.25focused study area may be made after the service of notice of and order for hearing made
107.26under Minnesota Statutes, section 216B.243, for the project described in section 19.
107.27Information requests with respect to the study are governed by the rules for contested case
107.28hearings in Minnesota Rules, part 1400.6700.
107.29(c) The project manager may contract for portions of the work required to complete
107.30the report.
107.31 Subd. 2. Community steering committee. (a) The project manager shall convene
107.32a community steering committee to provide input to the report. Appointments to the
107.33steering committee must reflect the diversity of the focused study area, and include
107.34representatives of focused study area residents, including homeowners, building owners
108.1and renters, businesses, churches, other institutions, including the Midtown Community
108.2Works Partnership, local hospitals, and local elected officials representing the focused
108.3study area. All meetings held by the community steering committee or any subcommittees
108.4it creates must be public meetings, with advance notice given to the public.
108.5(b) The project manager shall seek to maximize the participation of focused study
108.6area residents, stakeholders, and institutions in recommending ideas to be included within
108.7the scope of the report and in reviewing initial and successive drafts of the report, including
108.8providing stipends for reasonable expenses when necessary to increase participation, but
108.9not including per diem payments. The project manager shall contact representatives of
108.10similar successful projects in other states to benefit from their experience and to learn
108.11about best practices for increasing public participation that can be replicated in Minnesota.
108.12The report must incorporate and respond to comments from the focused study area and
108.13the steering committee.
108.14 Subd. 3. Energy savings. The utility that serves the focused study area may apply
108.15energy savings resulting directly from the implementation of recommendations contained
108.16in the report regarding energy efficiency investments to its energy-savings goal under
108.17Minnesota Statutes, section 216B.241, subdivision 1c.
108.18 Subd. 4. Certificate of need process. No contested case evidentiary hearings for
108.19a certificate of need for the transmission line identified in section 19 may commence
108.20before April 1, 2011.
108.21EFFECTIVE DATE.This section is effective the day following final enactment.
108.22 Sec. 21. APPROPRIATION AND TRANSFER.
108.23(a) The utility subject to Minnesota Statutes, section 116C.779, shall transfer
108.24$90,000 from the renewable development account established under that section to the
108.25commissioner of commerce, who shall deposit it in the special revenue fund.
108.26(b) $90,000 from the money deposited in the special revenue fund under paragraph
108.27(a) is appropriated to the commissioner of commerce for transfer to the city of Minneapolis
108.28for a grant to an organization with experience in energy conservation and energy planning
108.29at the neighborhood level that is selected by the city, in consultation with the Midtown
108.30Greenway Coalition and representatives of the neighborhoods in which the high-voltage
108.31transmission line described in section 19 is proposed to be located, and after project
108.32proposals have been reviewed, to serve as project manager for the purpose of completing
108.33the report required under section 20.
108.34This is a onetime appropriation and is available until expended.
109.1 Sec. 22. REPEALER.
109.2Laws 1981, chapter 222, section 7, is repealed."
109.3Delete the title and insert:
109.5relating to state government; appropriating money from constitutionally dedicated
109.6funds; modifying certain statutory provisions and laws for environment, natural
109.7resources, outdoor heritage, and energy; modifying fees, accounts, disposition
109.8of certain receipts, and audit requirements; providing for certain registration,
109.9training, and licensing exemptions; modifying outdoor recreation and recreational
109.10vehicle provisions; modifying the Water Law; regulating public utilities;
109.11modifying and establishing programs; requiring studies and reports; modifying
109.12and requiring the transfer of appropriations; appropriating money;amending
109.13Minnesota Statutes 2008, sections 3.8851, subdivision 7; 3.9741, by adding a
109.14subdivision; 84.025, subdivision 9; 84.027, subdivision 15; 84.0856; 84.0857;
109.1584.415, by adding a subdivision; 84.777, subdivision 2; 84.788, subdivision
109.162; 84.798, subdivision 2; 84.82, subdivisions 3, 6, by adding a subdivision;
109.1784.8205, subdivision 1; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by
109.18adding a subdivision; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928,
109.19subdivision 5; 84D.10, by adding a subdivision; 84D.13, subdivision 5; 85.015,
109.20subdivision 14; 85.052, subdivision 4; 85.22, subdivision 5; 85.32, subdivision 1;
109.2185.41, subdivision 3; 85.42; 85.43; 85.46, as amended; 86B.301, subdivision 2;
109.2286B.501, by adding a subdivision; 88.17, subdivisions 1, 3; 88.79, subdivision 2;
109.2389.17; 90.041, by adding a subdivision; 90.121; 90.14; 97A.056, subdivision 5,
109.24by adding subdivisions; 97B.665, subdivision 2; 103A.305; 103B.702, by adding
109.25a subdivision; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301,
109.26subdivision 6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515,
109.27subdivision 5; 103G.615, subdivision 2; 115.55, by adding a subdivision; 116.07,
109.28subdivisions 4, 4h; 116C.779, subdivision 1; 116D.04, subdivision 2a, by adding
109.29a subdivision; 116J.437, subdivision 1; 216B.16, subdivisions 14, 15; 216B.2401;
109.30216B.62, by adding a subdivision; 290.431; 290.432; 326B.106, subdivision
109.3112; 473.1565, subdivision 2; Minnesota Statutes 2009 Supplement, sections
109.3284.415, subdivision 6; 84.793, subdivision 1; 84.922, subdivision 1a; 84.9275,
109.33subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 85.053, subdivision
109.3410; 85.53, subdivision 2, by adding a subdivision; 86A.09, subdivision 1;
109.3597A.056, subdivision 3; 103G.201; 114D.50, by adding a subdivision; 129D.17,
109.36subdivision 2; Laws 1981, chapter 222, sections 1; 2; 3; 4, subdivision 2;
109.37Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 138, article 2,
109.38section 4; Laws 2009, chapter 172, article 2, section 4; article 5, sections 8; 10;
109.39Laws 2010, chapter 215, article 3, section 4, subdivision 10; proposing coding
109.40for new law in Minnesota Statutes, chapters 103A; 103G; 116C; 216B; 383B;
109.41repealing Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1;
109.42103G.295; 103G.650; Minnesota Statutes 2009 Supplement, sections 3.3006;
109.4384.02, subdivisions 4a, 6a, 6b; 88.795; Laws 1981, chapter 222, section 7; Laws
109.442009, chapter 172, article 5, section 9."