SF 4499

as introduced - 91st Legislature (2019 - 2020) Posted on 05/06/2020 10:53am

A bill for an act
relating to state government; appropriating money for environment and natural
resources; creating soil and water conservation fund; modifying state park permit
provisions; modifying provisions for conveying state land interests; modifying
provisions for closed landfill investment fund; reestablishing Advisory Council
on Water Supply Systems and Wastewater Treatment Facilities; modifying
provisions for riparian protection aid; modifying prior appropriations; authorizing
sales of certain surplus state land; requiring rulemaking; amending Minnesota
Statutes 2018, sections 16A.531, by adding a subdivision; 84.63; 85.053, by adding
a subdivision; 92.502; 115B.421; 477A.21, subdivisions 2, 4; Laws 2019, First
Special Session chapter 4, article 1, section 2, subdivisions 1, 3; proposing coding
for new law in Minnesota Statutes, chapters 84; 92; 115.

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

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2020" and "2021" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium"
is fiscal years 2020 and 2021. Appropriations for the fiscal year ending June 30, 2020, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $ new text end

new text begin 10,716,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 500,000 new text end	new text begin 10,000,000 new text end
new text begin Game and Fish new text end	new text begin -0- new text end	new text begin 672,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Ecological and Water Resources new text end

new text begin -0- new text end

new text begin 5,000,000 new text end

new text begin $5,000,000 the second year is for aquatic
invasive species prevention, response,
education, and grants. This is a onetime
appropriation and is available until June 30,
2023.
new text end

new text begin Subd. 3. new text end new text begin Fish and Wildlife Management new text end

new text begin -0- new text end

new text begin 1,972,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 1,300,000 new text end
new text begin Game and Fish new text end	new text begin -0- new text end	new text begin 672,000 new text end

new text begin (a) $672,000 the second year is from the game
and fish fund for deer research to maintain and
promote a healthy deer population. The base
for this appropriation is $546,000 in fiscal year
2023.
new text end

new text begin (b) $1,300,000 the second year is for
surveillance and response to chronic wasting
disease. This is a onetime appropriation and
is available until June 30, 2022.
new text end

new text begin Subd. 4. new text end new text begin Enforcement new text end

new text begin -0- new text end

new text begin 200,000 new text end

new text begin $200,000 the second year is for enforcement
activities related to chronic wasting disease.
This is a onetime appropriation and is
available until June 30, 2022.
new text end

new text begin Subd. 5. new text end new text begin Operations Support new text end

new text begin 500,000 new text end

new text begin 3,500,000 new text end

new text begin $500,000 the first year and $3,500,000 the
second year are for legal costs. Of this amount,
up to $500,000 the first year and $1,500,000
the second year may be transferred to the
Minnesota Pollution Control Agency. This is
a onetime appropriation and is available until
June 30, 2023.
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. 3.

Minnesota Statutes 2018, section 16A.531, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Soil and water conservation fund. new text end

new text begin There is created in the state treasury a soil
and water conservation fund as a special revenue fund for deposit of appropriations, revenue
dedicated to benefit soil and water conservation, and other revenue sources.
new text end

Sec. 4.

new text begin [84.625] CONVEYANCE OF CONSERVATION EASEMENTS.
new text end

new text begin Notwithstanding any law to the contrary, the commissioner of natural resources may,
on state-owned lands administered by the commissioner and on behalf of the state, convey
conservation easements as defined in section 84C.01, upon such terms and conditions,
including reversion in the event of nonuse, as the commissioner may determine. Any terms
and conditions obligating the state to incur costs related to monitoring or maintaining a
conservation easement must acknowledge the state is liable for the costs only to the extent
of an available appropriation according to section 16A.138.
new text end

Sec. 5.

Minnesota Statutes 2018, section 84.63, is amended to read:

84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE deleted text begin AND deleted text end new text begin , new text end FEDERAL new text begin , new text end
new text begin AND TRIBAL new text end GOVERNMENTS.

(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United States new text begin , to a
federally recognized Indian tribe, new text end or to the state of Minnesota or any of its subdivisions,
upon state-owned lands under the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise for trails, highways,
roads including limitation of right of access from the lands to adjacent highways and roads,
flowage for development of fish and game resources, stream protection, flood control, and
necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner
of natural resources may determine.

(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:

(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.

(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.

(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.

(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.

(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.

Sec. 6.

Minnesota Statutes 2018, section 85.053, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Free permit; members of federally recognized tribes. new text end

new text begin (a) The commissioner
must issue an annual state park permit for no charge to any member of the eleven federally
recognized tribes in Minnesota, as determined by each of the tribal governments. To qualify
for a free state park permit under this subdivision, a person must present a qualifying tribal
identification to the park attendant on duty or other designee of the commissioner.
new text end

new text begin (b) For vehicles permitted under paragraph (a), the permit issued under this subdivision
is valid only when displayed on a vehicle owned and occupied by the person to whom the
permit is issued.
new text end

new text begin (c) The commissioner may issue a daily state park permit free of charge to an individual
who qualifies under paragraph (a) and does not own or operate a motor vehicle.
new text end

Sec. 7.

Minnesota Statutes 2018, section 92.502, is amended to read:

92.502 LEASE OF TAX-FORFEITED AND STATE LANDS.

(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.

(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.

(c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails and facilities. new text begin The commissioner may assess the
lease applicant a monitoring fee to cover the projected reasonable costs of monitoring
construction of the recreational trail or facility and preparing special terms and conditions
of the license to ensure proper construction. The commissioner must give the applicant an
estimate of the monitoring fee before the applicant is required to submit the fee. When
construction of the trail or facility is completed, the commissioner must refund the
unobligated balance from the monitoring fee revenue.
new text end

(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis
Counties may enter into 30-year leases of tax-forfeited land for recreational trails and
facilities.

Sec. 8.

new text begin [92.503] CONSERVATION PLANNING LEASES.
new text end

new text begin The commissioner of natural resources may lease state-owned lands as defined in section
92.01 for a term not to exceed 21 years for the purpose of investigating, analyzing, and
developing conservation easements that provide ecosystem services benefits. Leases granted
under this section are not subject to section 92.50, subdivision 1, paragraph (b), with respect
to Executive Council approval for commercial leases or section 92.50, subdivision 1,
paragraph (d).
new text end

Sec. 9.

new text begin [115.742] ADVISORY COUNCIL ON WATER SUPPLY SYSTEMS AND
WASTEWATER TREATMENT FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; membership. new text end

new text begin The Advisory Council on Water Supply Systems
and Wastewater Treatment Facilities advises the commissioners of health and the Pollution
Control Agency regarding classification of water supply systems and wastewater treatment
facilities; qualifications and competency evaluation of water supply system operators and
wastewater treatment facility operators; and additional laws, rules, and procedures that may
be desirable for regulating the operation of water supply systems and wastewater treatment
facilities. The advisory council is composed of 11 voting members, of whom:
new text end

new text begin (1) one member must be from the Department of Health, Division of Environmental
Health, appointed by the commissioner of health;
new text end

new text begin (2) one member must be from the Pollution Control Agency, appointed by the
commissioner of the Pollution Control Agency;
new text end

new text begin (3) three members must be certified water supply system operators, appointed by the
commissioner of health, one of whom must represent a nonmunicipal community water
system or a nontransient noncommunity water system;
new text end

new text begin (4) three members must be certified wastewater treatment facility operators, appointed
by the commissioner of the Pollution Control Agency;
new text end

new text begin (5) one member must be a representative from an organization representing municipalities,
appointed by the commissioner of health with the concurrence of the commissioner of the
Pollution Control Agency; and
new text end

new text begin (6) two members must be members of the public who are not associated with water
supply systems or wastewater treatment facilities, one appointed by the commissioner of
health and one appointed by the commissioner of the Pollution Control Agency.
Consideration should be given to one of these members being a representative of academia
knowledgeable in water or wastewater matters.
new text end

new text begin Subd. 2. new text end

new text begin Members; geographic representation. new text end

new text begin At least one of the water supply system
operators and at least one of the wastewater treatment facility operators must be from outside
the seven-county metropolitan area and one wastewater operator must come from the
Metropolitan Council.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation. new text end

new text begin The terms of the appointed members and the
compensation and removal of all members are governed by section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin When new members are appointed to the council, a chair must be
elected at the next council meeting. The Department of Health representative serves as
secretary of the council.
new text end

Sec. 10.

Minnesota Statutes 2018, section 115B.421, is amended to read:

115B.421 CLOSED LANDFILL INVESTMENT FUND.

new text begin (a) new text end The closed landfill investment fund is established in the state treasury. The fund
consists of money credited to the fund, and interest and other earnings on money in the
fund. Beginning July 1, 2003, funds must be deposited as described in section 115B.445.
The fund shall be managed to maximize long-term gain through the State Board of
Investment. Money in the fund new text begin is appropriated to the commissioner and new text end may be spent deleted text begin by
the commissioner deleted text end after fiscal year 2020 in accordance with sections 115B.39 to 115B.444.

new text begin (b) The commissioner of management and budget must allocate the amounts available
in any biennium to the commissioner for the purposes provided in sections 115B.39 to
115B.444 based upon work plans submitted by the commissioner and may adjust those
allocations when the commissioner submits revised work plans. The commissioner must
submit copies of the work plans to the chairs of the senate and house of representatives
committees having jurisdiction over environment and environment finance. The commissioner
may submit one work plan for the landfill cleanup program covering all funding sources to
meet the work plan requirements under section 116.155 and this section.
new text end

Sec. 11.

Minnesota Statutes 2018, section 477A.21, subdivision 2, is amended to read:

Subd. 2.

Certifications to commissioner.

(a) The Board of Water and Soil Resources
must certify to the commissioner of revenue, on or before July 1 each year, which counties
and watershed districts have affirmed new text begin and implemented new text end their jurisdiction under section
103F.48 and the proportion of centerline miles of public watercourses, and miles of public
drainage system ditches on the buffer protection map, within each county and each watershed
district within the county with affirmed jurisdiction.

(b) On or before July 1 each year, the commissioner of natural resources shall certify to
the commissioner of revenue the statewide and countywide number of centerline miles of
public watercourses and miles of public drainage system ditches on the buffer protection
map.

Sec. 12.

Minnesota Statutes 2018, section 477A.21, subdivision 4, is amended to read:

Subd. 4.

Payments.

new text begin (a) new text end The commissioner of revenue must compute the amount of
riparian protection aid payable to each eligible county and to the Board of Water and Soil
Resources under this section. On or before August 1 each year, the commissioner must
certify the amount to be paid to each county and the Board of Water and Soil Resources in
the following year, except that the payments for 2017 must be certified by July 15, 2017.
The commissioner must pay riparian protection aid to counties and to the Board of Water
and Soil Resources in the same manner and at the same time as aid payments under section
477A.015.

new text begin (b) Upon written notice from the Board of Water and Soil Resources, the commissioner
must cancel future payment of riparian protection aid to a county when the county or a
watershed district in the county renounces jurisdiction under section 103F.48. A copy of
the county board or watershed district resolution renouncing jurisdiction under section
103F.48 must be included with the written notice. The commissioner must pay the amount
of the canceled payment to the Board of Water and Soil Resources on the next scheduled
payment date under section 477A.015. If the written notice is received by the commissioner
five or fewer business days before a payment date under section 477A.015, the commissioner
must make payment to the county, which must transfer the payment amount to the Board
of Water and Soil Resources within 30 days of receiving the payment.
new text end

new text begin (c) Upon written notice from the Board of Water and Soil Resources, the commissioner
must cancel future payment of riparian protection aid to the Board of Water and Soil
Resources when a county or a watershed district in the county affirms its jurisdiction under
section 103F.48. A copy of the county board or watershed district resolution affirming
jurisdiction under section 103F.48 must be included with the written notice. The
commissioner must pay the amount of the canceled payment to the county on the next
scheduled payment date under section 477A.015. If the written notice is received by the
commissioner five or fewer business days before a payment date under section 477A.015,
the commissioner must make payment to the Board of Water and Soil Resources, which
must transfer the payment amount to the county within 30 days of receiving the payment.
new text end

new text begin (d) To calculate the amount of a future payment to cancel, the commissioner must
multiply the aid payable by a fraction, the numerator of which is the number of months in
the payment year remaining after the county or watershed district elects or renounces
jurisdiction and the denominator of which is 12. If the date of electing or renouncing
jurisdiction includes a fraction of a month, that month is not included in the numerator.
new text end

Sec. 13.

Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 1, is
amended to read:

Subdivision 1. Total Appropriation

$

106,908,000

$

deleted text begin 104,363,000 deleted text end new text begin 105,089,000 new text end

Appropriations by Fund
	2020	2021
General	6,815,000	deleted text begin 6,524,000 deleted text end new text begin 7,250,000 new text end
State Government Special Revenue	75,000	75,000
Environmental	83,986,000	83,654,000
Remediation	14,410,000	14,110,000
Closed Landfill Investment	1,622,000	-0-

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

The commissioner must present the agency's
biennial budget for fiscal years 2022 and 2023
to the legislature in a transparent way by
agency division, including the proposed
budget bill and presentations of the budget to
committees and divisions with jurisdiction
over the agency's budget.

Sec. 14.

Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 3, is
amended to read:

Subd. 3. Industrial

15,473,000

deleted text begin 15,606,000 deleted text end new text begin 16,332,000 new text end

Appropriations by Fund
	2020	2021
new text begin General new text end	new text begin -0- new text end	new text begin 726,000 new text end
Environmental	14,472,000	14,605,000
Remediation	1,001,000	1,001,000

(a) $1,001,000 the first year and $1,001,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.

(b) $393,000 the first year and $393,000 the
second year are from the environmental fund
to further evaluate the use and reduction of
trichloroethylene around Minnesota and
identify its potential health effects on
communities. Of this amount, up to $121,000
each year may be transferred to the
commissioner of health.

new text begin (c) $726,000 the second year is to further build
agency capacity to complete air permitting
and compliance and enforcement activities
and to focus services primarily on areas of the
state with disproportionately impacted
communities.
new text end

Sec. 15. new text begin PRIVATE SALE OF SURPLUS STATE LAND; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in Cass County and is described as: the westerly
20.00 feet of the West Half of the Northeast Quarter, Section 16, Township 139 North,
Range 30 West, Cass County, Minnesota. The Grantor, its employees and agents only,
reserves a perpetual easement for ingress and egress over and across the above described
land.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end

Sec. 16. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE OF THE WOODS
COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in Lake of the Woods County and is described
as: a strip of land lying in Government Lot 3, Section 5, Township 163 North, Range 34
West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota; said strip of
land being 33.00 feet in width lying 16.50 feet on each side of the following described
centerline:
new text end

new text begin Commencing at the southeast corner of said Government Lot 3; thence North 00 degrees
09 minutes 28 seconds West, assumed bearing, along the east line of said Government
Lot 3, a distance of 690 feet, more or less, to the south line of that particular tract of land
deeded to the State of Minnesota according to Document No. 75286, on file and of record
in the Office of the Recorder, Lake of the Woods County, Minnesota; thence South 89
degrees 50 minutes 32 seconds West, along said south line of that particular tract of
land, a distance of 200.00 feet; thence South 00 degrees 09 minutes 28 seconds East,
parallel with the east line of said Government Lot 3, a distance of 40.00 feet; thence
South 89 degrees 50 minutes 32 seconds West, a distance of 16.50 feet to the point of
beginning of the centerline to be herein described; thence South 00 degrees 09 minutes
28 seconds East, parallel with the east line of said Government Lot 3, a distance of 650.5
feet, more or less, to the south line of said Government Lot 3 and said centerline there
terminating.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end

Sec. 17. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WADENA COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Wadena County and is described as: the
Northeast Quarter of the Southwest Quarter of Section 26, Township 136 North, Range 34
West, Wadena County, Minnesota, except that part described as follows:
new text end

new text begin Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter;
thence West 10 rods; thence South 8 rods; thence East 10 rods; thence North 8 rods to
the point of beginning and there terminating.
new text end

new text begin (d) The land borders the Redeye River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's land
management interests would best be served if the land were returned to private ownership.
new text end

Sec. 18. new text begin RULEMAKING; NONRESIDENT BONUS PERMITS.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules as follows:
new text end

new text begin (1) parts 6232.0200, subpart 5, and 6232.1950, subpart 1, must be amended to provide
that the cost of a bonus permit is one-half the cost of a regular resident license;
new text end

new text begin (2) part 6232.1950, subpart 1, must be amended to allow a person who purchases and
presents a firearms, archery, or muzzleloader deer license for the current year to purchase
a bonus permit; and
new text end

new text begin (3) part 6232.1950, subpart 2, must be amended to allow bonus permits to be used to
take antlerless deer during the firearms, archery, and muzzleloader seasons if the person
has a valid license for that season.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end