Engrossments
Introduction		Posted on 02/29/2008
1st Engrossment		Posted on 03/18/2008
2nd Engrossment		Posted on 04/30/2008
3rd Engrossment		Posted on 05/01/2008

ARTICLE 1

ENVIRONMENTAL POLICY

Section 1.

new text begin [115.0301] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

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

new text begin Subd. 2. new text end

new text begin Agency. new text end

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

new text begin Subd. 3. new text end

new text begin Ballast water. new text end

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

new text begin Subd. 4. new text end

new text begin Ballast water management. new text end

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

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 6. new text end

new text begin Constructed. new text end

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

new text begin Subd. 7. new text end

new text begin Foreign vessel. new text end

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

new text begin Subd. 8. new text end

new text begin Sediment. new text end

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

new text begin Subd. 9. new text end

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

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

Sec. 2.

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

new text begin Subdivision 1. new text end

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

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

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

new text begin Subd. 2. new text end

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

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

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

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

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

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

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

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

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

Sec. 3.

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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

new text begin Retention period. new text end

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

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

new text begin Subd. 3. new text end

new text begin Regulations. new text end

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

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

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

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

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

Sec. 4.

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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

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

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

Sec. 5.

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

Subd. 2.

License required.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 6.

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

Subd. 21.

Mixed municipal solid waste.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

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

Subd. 32a.

Source-separated compostable materials.

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

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

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

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

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

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

Sec. 8.

new text begin [115A.936] CONSTRUCTION DEBRIS AS COVER MATERIAL
PROHIBITED.
new text end

new text begin (a) Construction debris or residuals from processed construction debris containing
any amount of gypsum shall not be managed as cover material at disposal facilities unless:
new text end

new text begin (1) residual material is managed in an industrial or construction and demolition
disposal facility equipped with a liner and leachate collection system;
new text end

new text begin (2) residual material is not mechanically pulverized or size-reduced prior to
processing, screening, or application;
new text end

new text begin (3) a maximum effort is made to remove gypsum from the waste prior to processing,
screening, or application;
new text end

new text begin (4) residual material is mixed at a ratio of one part soil to one part residual material
prior to application; and
new text end

new text begin (5) the disposal facility does not accept any amount of cover material greater than
what is operationally necessary.
new text end

new text begin (b) For the purposes of this section, "residual material" means construction debris or
residuals from processed construction debris containing any amount of gypsum.
new text end

Sec. 9.

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

Subd. 4a.

Permits.

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

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

new text begin The agency may not issue a new permit to a new facility located in a community in a
city of the first class in Hennepin County that meets all of the following conditions:
new text end

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2006, section 116.47, is amended to read:

116.47 EXEMPTIONS.

Sections 116.48deleted text begin , 116.49,deleted text end and new text begin 116.482 to new text end 116.491 do not apply to:

(1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor
fuel for noncommercial purposes;

(2) tanks of 1,100 gallons or less capacity used for storing heating oil for
consumptive use on the premises where stored;

(3) pipeline facilities, including gathering lines, regulated under the Natural Gas
Pipeline Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous
Liquid Pipeline Safety Act of 1979, United States Code, title 49, chapter 29;

(4) surface impoundments, pits, ponds, or lagoons;

(5) storm water or waste water collection systems;

(6) flow-through process tanks;

(7) tanks located in an underground area, including basements, cellars,
mineworkings, drifts, shafts, or tunnels, if the storage tank is located upon or above the
surface of the floor;

(8) septic tanks;

(9) tanks used for storing liquids that are gaseous at atmospheric temperature and
pressure; or

(10) tanks used for storing agricultural chemicals regulated under chapter 18B,
18C, or 18D.

Sec. 11.

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

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

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

Sec. 12.

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

new text begin Subd. 3a. new text end

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

NATURAL RESOURCE POLICY

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

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

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Establishment. new text end

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Land eligibility. new text end

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

new text begin (1) is:
new text end

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

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

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

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

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

new text begin Subd. 5. new text end

new text begin Land interests. new text end

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

new text begin Subd. 6. new text end

new text begin Application. new text end

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

new text begin Subd. 7. new text end

new text begin Landowner responsibilities. new text end

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

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

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

new text begin Subd. 8. new text end

new text begin Advisory team. new text end

new text begin In administering the program, the commissioner may
establish an advisory team to provide advice on program management.
new text end

new text begin Subd. 9. new text end

new text begin Correction of easement boundary lines. new text end

new text begin To correct errors in legal
descriptions for easements that affect the ownership interests in the state and adjacent
landowners, the commissioner may, in the name of the state, convey without consideration,
interests of the state necessary to correct legal descriptions of boundaries. The conveyance
must be by quitclaim deed or release in a form approved by the attorney general.
new text end

new text begin Subd. 10. new text end

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

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

new text begin Subd. 11. new text end

new text begin Payments. new text end

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

new text begin Subd. 12. new text end

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

new text begin (a) The commissioner shall
establish a long-term program for monitoring and enforcing Minnesota forests for the
future easements.
new text end

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

new text begin (c) Upon request of the commissioner, the attorney general may commence an action
for specific performance, injunctive relief, damages, including attorney's fees, and any
other appropriate relief to enforce this section in district court in the county where all or
part of the violation is alleged to have been committed or where the landowner resides or
has a principal place of business.
new text end

new text begin Subd. 13. new text end

new text begin Rulemaking exemption. new text end

new text begin Easements agreed to under this section are not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 2.

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

Subd. 2.

Application, issuance, reports, additional fee.

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

(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
ten-day registration permit to each purchaser who applies to the dealer for registration.
Each retail dealer shall submit completed registration and fees to the deputy registrar at
least once a week. No fee may be charged by a dealer to a purchaser for providing the
temporary permit.

(c) Upon receipt of the application and the appropriate fee as hereinafter provided,
the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
an assigned registration numbernew text begin , including a strip with the registration number that may
be affixed to the snowmobile,new text end or a commissioner or deputy registrar temporary ten-day
permit. Once issued, the registration number must be affixed to the snowmobile new text begin using the
strip issued or by another method chosen by the owner new text end in a clearly visible and permanent
manner for enforcement purposes new text begin on the windshield or new text end as the commissioner of natural
resources shall prescribe. A dealer subject to paragraph (b) shall provide the registration
materials or temporary permit to the purchaser within the temporary ten-day permit period.
The registration is not valid unless signed by at least one owner.

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2006, section 84D.10, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

Unless otherwise prohibited by law, a person may place into
the waters of the state a watercraft or trailer with aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

(2) for purposes of shooting or observation blinds new text begin attached in or on watercraftnew text end in
amounts sufficient for that purpose, if the aquatic macrophytes are emergent and cut
above the waterline;

(3) that are wild rice harvested under section 84.091; or

(4) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.

Sec. 4.

Minnesota Statutes 2006, section 84D.13, subdivision 4, is amended to read:

Subd. 4.

Warnings; civil citations.

After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:

(1) unlawfully transports prohibited invasive species or aquatic macrophytes;

(2) unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting equipment that has new text begin aquatic macrophytes or new text end prohibited
invasive species attached;

(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;

(4) fails to drain water, as required by rule, from watercraft and equipment before
leaving designated zebra mussel, spiny water flea, or other invasive plankton infested
waters; or

(5) transports infested water, in violation of rule, off riparian property.

Sec. 5.

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

85.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
STATE PARKS, deleted text begin MONUMENTS,deleted text end new text begin STATEnew text end RECREATION deleted text begin RESERVESdeleted text end new text begin AREAS,new text end
AND WAYSIDES.

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

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

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

Sec. 6.

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

Subd. 28.

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

Sec. 7.

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

Subd. 49a.

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

Sec. 8.

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

Subdivision 1.

Names, acquisition; administration.

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

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

Sec. 9.

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

new text begin Subd. 10. new text end

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

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

Sec. 10.

Minnesota Statutes 2006, section 85.054, subdivision 3, is amended to read:

Subd. 3.

Interstate new text begin State new text end Park.

A Minnesota state park permit is not required at
Interstate new text begin State new text end Park if a valid, current, Wisconsin state park permit or sticker authorizing
entry of a motor vehicle into Wisconsin state parks is appropriately displayed on the
vehicle and the commissioner has entered into an agreement with appropriate officials
of the state of Wisconsin that authorizes motor vehicles displaying Minnesota state park
permits free entry into Interstate State Park of Wisconsin on a reciprocal basis.

Sec. 11.

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

new text begin Subd. 14. new text end

new text begin Grand Portage State Park. new text end

new text begin A state park permit is not required and a fee
may not be charged for motor vehicle entry or parking at the Class 1 highway rest area
parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand
Portage State Park.
new text end

Sec. 12.

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

Subd. 2.

Not to be left burning.

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

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

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

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

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

Sec. 13.

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

89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.

Subdivision 1.

Authorization.

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

Subd. 2.

Map requirements.

The deleted text begin recordeddeleted text end state forest road map must:

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

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

(3) include section numbers;

(4) include a north point arrow;

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

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

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

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

Subd. 3.

Procedure to adopt map.

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

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

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

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

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

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

Subd. 4.

Appeal.

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

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

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

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

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

Subd. 5.

Unrecorded road or trail not affected.

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

Subd. 6.

Exemption.

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

Sec. 14.

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

Subd. 4b.

Citizen oversight subcommittees.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 15.

new text begin [97A.056] OUTDOOR HERITAGE FUND; LESSARD-HERITAGE
ENHANCEMENT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Outdoor heritage fund. new text end

new text begin (a) The outdoor heritage fund is established
in the Minnesota Constitution, article XI, section 15. All money earned by the outdoor
heritage fund must be credited to the fund. At least 97 percent of the money appropriated
from the fund must be spent on specific fish, wildlife, habitat, and land conservation
projects.
new text end

new text begin (b) A forest fragmentation and consolidation account is created within the
outdoor heritage fund. From the receipts deposited in the fund under the Minnesota
Constitution, article XI, section 15, 20 percent each fiscal year must be credited to the
forest fragmentation and consolidation account. Money in the account may be spent only
for the acquisition of permanent easements on private forest land or for the acquisition of
land for forest consolidation. The conservation easements must guarantee public access,
including, but not limited to, hunting and fishing access.
new text end

new text begin (c) A conservation partners account is created within the outdoor heritage fund.
From the receipts deposited in the fund under the Minnesota Constitution, article XI,
section 15, 20 percent each year must be credited to the conservation partners account.
Money in the account may be spent only for matching grants of up to $250,000 to local
sporting and wildlife conservation clubs for the improvement of fish, game, and wildlife
habitat conservation.
new text end

new text begin Subd. 2. new text end

new text begin Lessard-Heritage Enhancement Council. new text end

new text begin (a) The Lessard-Heritage
Enhancement Council of 16 members is created in the legislative branch, consisting of:
new text end

new text begin (1) three members of the senate appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration;
new text end

new text begin (2) three members of the house of representatives appointed by the speaker of the
house;
new text end

new text begin (3) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end

new text begin (4) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the speaker of the house; and
new text end

new text begin (5) four public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the governor.
new text end

new text begin (b) One member from the senate and one member from the house of representatives
must be from the minority caucus.
new text end

new text begin (c) At least one public member appointed by the speaker of the house and one public
member appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration must be a woman. At least two of the public members appointed
by the governor must be women. At least one of the public members appointed by the
governor must be an ethnic minority. Appointing authorities shall consider geographic
balance in making appointments under this section.
new text end

new text begin (d) The public members appointed and recommended to the appointing authorities
according to subdivision 3 must:
new text end

new text begin (1) have experience or expertise in the science, policy, or practice of preservation,
enhancement, and protection of the state's fish, game, and wildlife habitat;
new text end

new text begin (2) have strong knowledge in the state's fish, game, and wildlife habitat conservation
issues around the state; and
new text end

new text begin (3) have demonstrated the ability to work in a collaborative environment.
new text end

new text begin (e) A public member may be removed by an appointing authority for cause.
new text end

new text begin (f) Citizen members serve four-year terms and shall be initially appointed according
to the following schedule of terms:
new text end

new text begin (1) two members appointed by the governor for a term ending the first Monday in
January 2013;
new text end

new text begin (2) two members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013, and two members appointed by the speaker of the house for a term ending the first
Monday in January 2013;
new text end

new text begin (3) one member appointed by the governor for a term ending the first Monday in
January 2012;
new text end

new text begin (4) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2012, and one member appointed by the speaker of the house for a term ending the first
Monday in January 2012; and
new text end

new text begin (5) one member appointed by the governor for a term ending the first Monday in
January 2011.
new text end

new text begin (g) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the council. The removal and, beginning July 1,
2009, the compensation of public members is as provided in section 15.0575.
new text end

new text begin (h) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission. Members shall elect a chair, vice-chair, secretary, and other
officers as determined by the council. The chair may convene meetings as necessary to
conduct the duties prescribed by this section.
new text end

new text begin (i) Legislative membership terms are at the pleasure of the appointing authority,
except that members shall serve on the council until their successors are appointed.
new text end

new text begin (j) The governor's appointments to the council are subject to the advice and consent
of the senate.
new text end

new text begin (k) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties.
new text end

new text begin (l) In addition to the appointments in paragraph (a), each appointing authority shall
appoint one nonvoting member under the age of 18.
new text end

new text begin Subd. 3. new text end

new text begin Citizen selection committee. new text end

new text begin (a) The governor shall appoint an Outdoor
Heritage Fund Citizen Selection Committee of five members who come from different
regions of the state and represent hunting and fishing stakeholders. The duties of the
Outdoor Heritage Enhancement Fund Citizen Selection Committee shall be to:
new text end

new text begin (1) identify citizen candidates to be public members of the council, as part of the
open appointments process under section 15.0597;
new text end

new text begin (2) request and review citizen candidate applications to be members of the council;
and
new text end

new text begin (3) interview the citizen candidates and recommend an adequate pool of candidates
to be selected for council membership by the governor, the senate, and the house of
representatives. Compensation of members is as provided in section 15.0575.
new text end

new text begin (b) The Outdoor Heritage Enhancement Fund Citizen Selection Committee shall
give strong consideration to recommending candidates under the age of 30.
new text end

new text begin Subd. 4. new text end

new text begin Strategic plan required. new text end

new text begin (a) The council shall adopt a strategic plan for
making expenditures from the outdoor heritage fund, including identifying the priority
areas for funding for the next six years. The strategic plan must be reviewed every two
years. The strategic plan must have clearly stated short-term and long-term goals and
strategies for outdoor heritage fund expenditures, must provide measurable outcomes for
expenditures, and must determine areas of emphasis for funding.
new text end

new text begin (b) The council shall consider the long-term strategic plans of agencies with
environment and natural resource programs and responsibilities and plans of fish, game,
and wildlife conservation organizations during the development and review of the
strategic plan.
new text end

new text begin Subd. 5. new text end

new text begin Duties of council. new text end

new text begin (a) The council, in consultation with statewide and local
fishing, hunting, wildlife, forestry, agriculture, and land conservation groups, shall develop
a biennial budget plan to recommend expenditures from the outdoor heritage fund to the
legislature and the governor. Approval of the biennial budget plan for the outdoor heritage
fund requires an affirmative vote of at least 11 members of the council.
new text end

new text begin (b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the outdoor heritage fund as
recommended by the council.
new text end

new text begin (c) As a condition of acceptance of an appropriation from the outdoor heritage fund,
an agency or entity receiving an appropriation shall submit a work program and quarterly
progress reports for appropriations from the outdoor heritage fund to the members of the
Lessard-Heritage Enhancement Council in the form determined by the council.
new text end

new text begin Subd. 6. new text end

new text begin Council administration. new text end

new text begin (a) The council may employ personnel and
contract with consultants as necessary to carry out the functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end

new text begin (b) Beginning July 1, 2009, the administrative expenses of the council shall be paid
from the outdoor heritage fund, as appropriated by law.
new text end

new text begin (c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end

new text begin Subd. 7. new text end

new text begin Open meetings. new text end

new text begin (a) Meetings of the council and other groups the council
may establish must be open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is
present and action is taken regarding a matter within the jurisdiction of the council.
new text end

new text begin (b) For legislative members of the council, enforcement of this subdivision shall
be governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision shall be governed by section 13D.06, subdivisions 1 and 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
new text end

Sec. 16.

new text begin [103B.701] STAR LAKES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, the term "lake
association" means an organized association for the purpose of addressing issues on a
specific lake or river, a lake improvement district, or a lake conservation district.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) A lake association may apply to the Star Lake Board for
designation as a star lake or river. The applicant must include a copy of a star lake or
river management plan for the lake or river.
new text end

new text begin (b) After review of the application, the Star Lake Board shall determine whether
designation as a star lake or river will be granted. The designation as a star lake or river
becomes effective the day following designation by the board. The board shall publish the
decision on a star lake or river designation in the State Register, including the effective
date of the designation.
new text end

new text begin (c) The star lake or river designation is effective until the earlier of:
new text end

new text begin (1) five years after the date of designation; or
new text end

new text begin (2) when the Star Lake Board finds that the lake association is not fulfilling the
requirements of this section or of the star lake or river management plan submitted.
new text end

new text begin (d) Within six months before the expiration date of the designation as a star lake
or river, a lake association may apply to continue the star lake or river designation under
this section.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A lake association applying for designation as a star lake
or river must:
new text end

new text begin (1) develop and update a star lake or river management plan as provided in
subdivision 4;
new text end

new text begin (2) maintain a membership or participation of at least 50 percent of the private
shoreland owners;
new text end

new text begin (3) participate in a water quality monitoring program under section 115.06,
subdivision 4, or other programs meeting Pollution Control Agency standards; and
new text end

new text begin (4) meet at least annually to review the plan and notify appropriate state agencies
and local government units in the development and monitoring of the star lake or river
management plan.
new text end

new text begin Subd. 4. new text end

new text begin Star lake or river management plan. new text end

new text begin (a) A star lake or river management
plan must contain a baseline of the current condition of the lake or river based on scientific
information, and plans for addressing the following issues:
new text end

new text begin (1) increases in native vegetation in the littoral area of the lake or river, where
appropriate;
new text end

new text begin (2) increases in native vegetation on the shoreline areas of the lake or river, where
appropriate;
new text end

new text begin (3) prevention, reduction, or elimination of aquatic invasive species in the lake
or river;
new text end

new text begin (4) increasing or maintaining a healthy diverse fishery that is appropriate for the
lake or river;
new text end

new text begin (5) how the association will work with state agencies and local government units to
identify water pollution sources and impairments;
new text end

new text begin (6) how the association will assist state and local programs to generate data needed
by state agencies and local government units in an appropriate format;
new text end

new text begin (7) promoting compliance with adopted shoreland zoning standards and shoreland
best management practices;
new text end

new text begin (8) how the lake association will assure its involvement in public input opportunities
for various local comprehensive and project-specific planning and zoning processes;
new text end

new text begin (9) education and recognition opportunities for shoreland owners and other entities
that conduct activities affecting the quality of the lake or river; and
new text end

new text begin (10) other activities that will coordinate with or enhance other state and local water
management efforts.
new text end

new text begin (b) The star lake or river management plan shall be updated within five years of
adoption by the lake association.
new text end

new text begin Subd. 5. new text end

new text begin State resources. new text end

new text begin State agencies may consider star lake or river designation
in determining the allocation of financial and staff resources.
new text end

Sec. 17.

new text begin [103B.702] STAR LAKE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) The Star Lake Board shall be established as a
nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986,
as amended. The Star Lake Board shall promote and designate star lakes and rivers in
Minnesota under section 103B.701.
new text end

new text begin (b) The board must work with private and public entities to leverage the resources
available to achieve and sustain the designation of Minnesota star lakes or rivers. The
board may assist lake associations with finding appropriate technical and financial
assistance and make recommendations to state agencies and local government units
regarding the manner in which technical or financial assistance can be most effectively
delivered. To the extent that money is available, the board may secure, provide, or
recommend financial assistance to meet specific needs of lake associations, for:
new text end

new text begin (1) completing a star lake or river management plan when the lake association does
not have an existing management plan and the association is committed to the goals of a
plan, as specified in section 103B.701, subdivision 4; and
new text end

new text begin (2) addressing specific issues of the lake or river to achieve or maintain the goals
of the lake or river management plan for lake associations that have achieved a star lake
or river designation.
new text end

new text begin (c) The board shall consist of:
new text end

new text begin (1) one member designated by Minnesota Waters;
new text end

new text begin (2) one member designated by the North Central Lakes Collaborative;
new text end

new text begin (3) five members, chosen by the other board members with regard to obtaining
representation from a variety of types of lakes and rivers within the state, who are from
lake associations representing designated star lakes or rivers, or until July 1, 2011, are
eligible to achieve star lake or river designation;
new text end

new text begin (4) one member designated by the commissioner of natural resources;
new text end

new text begin (5) one member designated by the commissioner of the Pollution Control Agency;
new text end

new text begin (6) one member designated by the chair of the Board of Water and Soil Resources;
new text end

new text begin (7) one member designated by the Indian Affairs Council;
new text end

new text begin (8) one member designated by the Association of Minnesota Counties;
new text end

new text begin (9) one member designated by the Minnesota Inter-County Association; and
new text end

new text begin (10) one member designated by the League of Minnesota Cities.
new text end

new text begin (d) By January 15 of each odd-numbered year, the board shall submit a report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment policy and finance on the activities for which money has
been or will be spent for the current biennium, the applications for designation, and the
star lakes or rivers designated by the board.
new text end

new text begin Subd. 2. new text end

new text begin Conflict of interest. new text end

new text begin A board member may not participate in or vote on a
decision of the board relating to an organization in which the member has either a direct
or indirect personal financial interest. While serving on the Star Lake Board, a member
shall avoid any potential conflict of interest.
new text end

new text begin Subd. 3. new text end

new text begin Staff; contracts. new text end

new text begin The board may hire staff or enter into contracts to carry
out the activities of the board.
new text end

new text begin Subd. 4. new text end

new text begin Bylaws. new text end

new text begin The board shall adopt bylaws necessary for the conduct of the
business of the board consistent with this section. The corporation must publish bylaws
and amendments to the bylaws in the State Register.
new text end

new text begin Subd. 5. new text end

new text begin Place of business. new text end

new text begin The board shall locate and maintain the board's place of
business within the state.
new text end

new text begin Subd. 6. new text end

new text begin Chair. new text end

new text begin The board shall annually elect from among its members a chair and
other officers necessary for the performance of its duties.
new text end

new text begin Subd. 7. new text end

new text begin Meetings. new text end

new text begin The board shall meet at least twice each year and may hold
additional meetings upon giving notice in accordance with the bylaws of the board. Board
meetings are subject to chapter 13D.
new text end

new text begin Subd. 8. new text end

new text begin Funds. new text end

new text begin The board may accept and use gifts, grants, or contributions from
any source. Unless otherwise restricted by the terms of a gift or bequest, the board may
sell, exchange, or otherwise dispose of and invest or reinvest the money, securities, or other
property given or bequested to it. The principal of these funds, the income from them, and
all other revenues received by the board from any nonstate source must be placed in the
depositories the board determines and is subject to expenditure for the board's purposes.
new text end

new text begin Subd. 9. new text end

new text begin Accounts; audits. new text end

new text begin The board may establish funds and accounts necessary
to carry out its responsibilities. The board shall provide for and pay the cost of an
independent audit of its official books and records by the legislative auditor subject to
sections 3.971 and 3.972. A copy of this audit shall be filed with the secretary of state.
new text end

Sec. 18.

Minnesota Statutes 2006, section 103G.2241, is amended by adding a
subdivision to read:

new text begin Subd. 8a. new text end

new text begin Approved development. new text end

new text begin A replacement plan for wetlands is not required
for development projects and ditch improvement projects in the state that have received
preliminary or final plat approval or have infrastructure that has been installed or has local
site plan approval, conditional use permits, or similar official approval by a governing
body or government agency, within five years before July 1, 1991. As used in the
subdivision, "infrastructure" means public water facilities, storm water and sanitary sewer
piping, outfalls, inlets, culverts, bridges, and any other work defined specifically by a local
government unit as constituting a capital improvement to a parcel within the context of an
approved development plan. This exemption applies only in a greater than 80 percent area
or in a watershed contiguous to a greater than 80 percent area.
new text end

Sec. 19.

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

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

Sec. 20.

new text begin [173.0855] STAR LAKE OR RIVER SIGNS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to erect. new text end

new text begin (a) A county, statutory or home rule charter city,
or town of Minnesota that contains a star lake or river designated under section 103B.701
may request the Department of Transportation to erect star lake or river signs pursuant
to section 161.139. One sign may be erected at each approach to a lake or river within
the right-of-way of an interstate or other highway that passes over a lake or river in the
Department of Transportation's eight-county metropolitan district or near or over a lake or
river in greater Minnesota.
new text end

new text begin (b) An official lake or river sign on the right-of-way of an interstate or other highway
may be replaced with a star lake or river sign by the Department of Transportation
pursuant to section 161.139.
new text end

new text begin Subd. 2. new text end

new text begin Sign standards. new text end

new text begin The Department of Transportation shall design and
manufacture the star lake and river signs to specifications not contrary to other federal
and state highway sign standards.
new text end

Sec. 21. new text begin FIRST MEETING; DEADLINE FOR APPOINTMENTS.
new text end

new text begin The appointing authorities named in Minnesota Statutes, section 103B.702, must
complete their appointments to the Star Lake Board by August 1, 2008, with the exception
of the appointments required under Minnesota Statutes, section 103B.702, subdivision 1,
paragraph (c), clause (3), which must be completed within 30 days of the first meeting of
the board. The board member designated by the commissioner of natural resources must
convene the first meeting of the board no later than September 1, 2008.
new text end

Sec. 22. new text begin DEPARTMENT OF NATURAL RESOURCES RULEMAKING
REQUIRED; STRUCTURES IN PUBLIC WATERS.
new text end

new text begin By June 30, 2011, the commissioner of natural resources shall update rules on
structures in public waters allowed and permit requirements for those structures under
Minnesota Rules, chapter 6115. The Department of Natural Resources general permit no.
2008-0401 expires on the effective date of the updated rules.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 23. new text begin LEASE RATE; CASS COUNTY.
new text end

new text begin (a) In fiscal year 2009, and every year thereafter, the amount payable for the lease
of lands described in paragraph (b) under Minnesota Statutes, section 89.17, shall be
adjusted for inflation and shall be increased over the previous year to an amount equal
to the amount before the inflation adjustment multiplied by one plus the percentage
increase in the implicit price deflator for government consumption expenditures and gross
investment for state and local governments prepared by the Bureau of Economic Analysis
of the United States Department of Commerce for the last month of the third quarter of the
calendar year prior to the year for which the rent is paid.
new text end

new text begin (b) The lease rate increases required in paragraph (a) apply to the lease of the land
described as:
new text end

new text begin (1) that part of the SW1/4 of the SE1/4 of Section 6, Township 134 North, Range 29
West, Cass County, except the following described tract:
new text end

new text begin Beginning at the southeast corner of said SW1/4 SE1/4; thence North 3 degrees
14' 30" West, assumed bearing, a distance of 269 feet along the east line of said SW1/4
SE1/4: thence North 58 degrees West a distance of 34.6 feet; thence West a distance of
165 feet; thence South a distance of 87 feet (the location of this line shall be eight feet
westerly of the westerly foundation posts for the fire tower); thence West a distance of
172.40 feet; thence South a distance of 200 feet to the south line of said SW1/4 SE1/4;
thence East a distance of 382.05 feet along said south line to the place of beginning,
and except the following described tract:
new text end

new text begin Commencing at the southeast corner of said SW1/4 SE1/4; thence West, assumed
bearing, a distance of 382.05 feet along the south line of said SW1/4 SE1/4 to the place of
beginning; thence North a distance of 250 feet; thence North 40 degrees East a distance of
190 feet; thence North a distance of 30 feet; thence West a distance of 385 feet; thence
South a distance of 425.54 feet to the south line of said SW1/4 SE1/4; thence East a
distance of 262.87 feet along said south line to the place of beginning; and
new text end

new text begin (2) that part of the SE1/4 SW1/4 of Section 6, Township 134 North, Range 29 West,
Cass County, Minnesota, lying easterly of County Road 77.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24. new text begin SNOWMOBILE NUMBER STRIPS; APPROPRIATION.
new text end

new text begin $124,000 in fiscal year 2009 from the snowmobile trails and enforcement account
in the natural resources fund is appropriated to the commissioner of natural resources
for programing the electronic licensing system to issue number strips for registered
snowmobiles. This is a onetime appropriation.
new text end

Sec. 25. new text begin APPROPRIATION; WADING POOL UPGRADE GRANTS.
new text end

new text begin $50,000 in fiscal year 2008 from the natural resources fund is appropriated to the
commissioner of natural resources for grants to local units of government for up to
75 percent of the cost of meeting the equipment requirements for public pools under
Minnesota Statutes, section 144.1222, subdivision 1d, paragraph (a), if enacted. The
maximum grant is $10,000 per pool upgraded. Priority shall be given to local government
applicants seeking assistance in installing a secondary suction or drainage outlet for the
public pool where a fee is not charged for use of the pool. The commissioner shall consult
with the commissioner of health in awarding the grants. Of this amount, notwithstanding
the restrictions under Minnesota Statutes, section 297A.94, $25,000 is from the revenue
deposited in the natural resources fund under Minnesota Statutes, section 297A.94,
paragraph (e), clause (3), and $25,000 is from the revenue deposited in the natural
resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (4). This
is a onetime appropriation and is available until June 30, 2009.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 84.961, subdivision 4; and 85.013, subdivision
21b, new text end new text begin and new text end new text begin Laws 1989, chapter 335, article 1, section 21, subdivision 8, as amended by Laws
2002, chapter 323, section 19, new text end new text begin are repealed.
new text end

SF 3385

Bill Text Versions

ARTICLE 1

ENVIRONMENTAL POLICY

Section 1.

new text begin [115.0301] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin Subd. 3. new text end

new text begin Ballast water. new text end

new text begin Subd. 4. new text end

new text begin Ballast water management. new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin Subd. 6. new text end

new text begin Constructed. new text end

new text begin Subd. 7. new text end

new text begin Foreign vessel. new text end

new text begin Subd. 8. new text end

new text begin Sediment. new text end

new text begin Subd. 9. new text end

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

Sec. 2.

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

new text begin Subdivision 1. new text end

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

new text begin Subd. 2. new text end

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

Sec. 3.

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

new text begin Subdivision 1. new text end

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

new text begin Subd. 2. new text end

new text begin Retention period. new text end

new text begin Subd. 3. new text end

new text begin Regulations. new text end

Sec. 4.

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

new text begin Subdivision 1. new text end

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

new text begin Subd. 2. new text end

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

new text begin Subd. 3. new text end

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

Sec. 5.

Subd. 2.

License required.

Sec. 6.

Subd. 21.

Mixed municipal solid waste.

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Subd. 32a.

Source-separated compostable materials.

Sec. 8.

new text begin [115A.936] CONSTRUCTION DEBRIS AS COVER MATERIAL PROHIBITED. new text end

Sec. 9.

Subd. 4a.

Permits.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

116.47 EXEMPTIONS.

Sec. 11.

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

Sec. 12.

new text begin Subd. 3a. new text end

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

new text begin EFFECTIVE DATE. new text end

ARTICLE 2

NATURAL RESOURCE POLICY

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin Subd. 3. new text end

new text begin Establishment. new text end

new text begin [115.0301] DEFINITIONS.
new text end

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

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

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

new text begin [115A.936] CONSTRUCTION DEBRIS AS COVER MATERIAL
PROHIBITED.
new text end

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

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

85.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
STATE PARKS, deleted text begin MONUMENTS,deleted text end new text begin STATEnew text end RECREATION deleted text begin RESERVESdeleted text end new text begin AREAS,new text end
AND WAYSIDES.

new text begin [97A.056] OUTDOOR HERITAGE FUND; LESSARD-HERITAGE
ENHANCEMENT COUNCIL.
new text end