HF 2164

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 04/26/2012 11:53pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2164

1.2A bill for an act

1.3relating to natural resources; providing for apprentice riders; modifying aquatic
1.4invasive species provisions; modifying local government trail authority;
1.5modifying enforcement provisions; modifying certain bait provisions; modifying
1.6prior appropriations; modifying and eliminating certain reporting, plan, and
1.7meeting requirements; eliminating loan program; modifying La Salle Lake
1.8State Recreation Area administration; prohibiting commissioner of natural
1.9resources from purchasing land at more than 20 percent above estimated
1.10market value; modifying waste management provisions; clarifying certain
1.11environmental review; eliminating certain fees; modifying toxic pollution
1.12prevention requirements; modifying certain standards for stationary sources;
1.13extending prohibition on new open air swine basins; modifying local water
1.14management; modifying acid deposition control requirements; modifying
1.15sewage sludge management; modifying Wetland Conservation Act; providing
1.16for continued operation of the Minnesota Zoological Garden, and state parks
1.17and recreation areas when biennial appropriations have not been enacted;
1.18requiring the availability of game and fish licenses by electronic transaction;
1.19creating citizen's board; authorizing and clarifying the use of general permits;
1.20modifying mineral lease provisions; modifying authority of Executive Council;
1.21modifying provisions for Three Rivers Park District; prohibiting sale of
1.22children's products containing formaldehyde; modifying state park permit
1.23provisions; authorizing rulemaking; appropriating money;amending Minnesota
1.24Statutes 2010, sections 9.071; 84.027, subdivision 15; 84.0272, subdivision 1;
1.2584.0895, subdivision 7; 84.631; 84.67; 84.91, subdivision 1; 84D.05, subdivision
1.261; 85.018, subdivision 2; 85.052, subdivision 3; 85.053, subdivision 7; 85.055,
1.27subdivision 2; 85.20, subdivision 1; 85.46, subdivision 1; 85A.04, subdivision
1.281; 86B.331, subdivision 1; 90.031, subdivision 4; 92.45; 92.50, subdivision 1;
1.2993.17, subdivision 3; 93.1925, subdivision 1; 93.20, subdivisions 2, 30, 38;
1.3093.2236; 93.25, subdivision 2, by adding a subdivision; 97A.401, subdivision 1;
1.3197A.421, subdivision 4a; 103A.43; 103B.101, subdivisions 2, 7, 10, by adding
1.32subdivisions; 103B.311, subdivision 4; 103B.3363, by adding a subdivision;
1.33103B.3369; 103B.355; 103G.2241, subdivision 9; 103G.2242, subdivision 3;
1.34103G.245, subdivision 3; 103G.271, subdivision 1; 103G.301, subdivisions 2,
1.354, 5, 5a; 103G.611, by adding a subdivision; 103H.175, subdivision 3; 115.01,
1.36by adding a subdivision; 115.06, subdivision 4; 115.073; 115.42; 115A.15,
1.37subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557, subdivision
1.384; 115D.08; 116.011; 116.02, subdivisions 1, 2, 3, 4, 6; 116.03, subdivision 1;
1.39116.06, subdivision 22; 116.0714; 116.10; 116C.833, subdivision 2; 116D.04, by
1.40adding a subdivision; 216C.055; 216H.07, subdivision 3; 383B.68, subdivisions
1.411, 4, by adding a subdivision; 473.149, subdivisions 1, 6; 473.846; Minnesota
1.42Statutes 2011 Supplement, sections 84.027, subdivision 14a; 84D.01, subdivision
1.4315a; 84D.03, subdivision 3; 84D.09, subdivision 2; 84D.10, subdivisions 1, 4;
2.184D.105, subdivision 2; 84D.13, subdivision 5; 97C.341; 103G.222, subdivision
2.21; 103G.615, subdivisions 1, 2; 115A.1320, subdivision 1; 116.03, subdivision
2.32b; 116D.04, subdivision 2a; Laws 2007, chapter 57, article 1, section 4,
2.4subdivision 2, as amended; Laws 2010, chapter 362, section 2, subdivision 7;
2.5Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 7;
2.6Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision
2.73; proposing coding for new law in Minnesota Statutes, chapters 84; 86B;
2.892; 103B; 103G; 115; 115A; 116; 161; 574; repealing Minnesota Statutes
2.92010, sections 84.946, subdivision 3; 86A.12, subdivision 5; 89.06; 90.042;
2.1097A.4742, subdivision 4; 103G.705; 115.447; 115A.07, subdivision 2; 115A.965,
2.11subdivision 7; 116.02, subdivisions 7, 8; 216H.07, subdivision 4; 383B.68,
2.12subdivisions 2, 3; Minnesota Statutes 2011 Supplement, sections 86B.508;
2.1386B.811, subdivision 1a; Laws 2011, chapter 107, section 105; Minnesota Rules,
2.14parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050,
2.15subparts 1, 2, 3; 7041.0500, subparts 5, 6, 7.
2.16April 26, 2012
2.17The Honorable Kurt Zellers
2.18Speaker of the House of Representatives
2.19The Honorable Michelle L. Fischbach
2.20President of the Senate
2.21We, the undersigned conferees for H. F. No. 2164 report that we have agreed upon
2.22the items in dispute and recommend as follows:
2.23That the Senate recede from its amendments and that H. F. No. 2164 be further
2.24amended as follows:
2.25Delete everything after the enacting clause and insert:

2.26    "Section 1. [15.985] ADVISORY INSPECTIONS.
2.27(a) Upon the voluntary request of a person to a state agency for an advisory
2.28inspection for the purpose of complying with state law, the agency must, except as
2.29provided in paragraphs (f) and (g), conduct an advisory inspection. An agency is not
2.30required to conduct an advisory inspection if the agency has a regularly scheduled
2.31inspection that would occur within 90 days after the request for the advisory inspection,
2.32or if before an advisory inspection is requested, the agency has notified the person that
2.33it will be conducting an inspection within 45 days. If an advisory inspection results in
2.34findings that potentially could make a person subject to a fine or other penalty imposed
2.35by the agency, the agency must notify the person in writing of those findings within ten
2.36days of the inspection.
2.37(1) Except as provided in clause (2), if within 60 days of receiving notice, the person
2.38notifies the agency that it has corrected the situation that made the person potentially
2.39subject to the fine or penalty, and the agency later determines that the situation is
2.40corrected, the agency may not impose a fine or penalty as a result of the findings in the
2.41advisory inspection.
3.1    (2) For violations of chapter 177, if the person notifies the agency within the time
3.2period for remedying violations required under the applicable section of chapter 177 that it
3.3has corrected the situation that made the person potentially subject to the fine or penalty,
3.4and the agency later determines that the situation is corrected, the agency may not impose
3.5a fine or penalty as a result of the finding in the advisory inspection.
3.6    (3) A person may not request more than one advisory inspection from the same
3.7agency in a calendar year. A person may not request an advisory inspection after an
3.8inspection resulting in a fine or other penalty has been determined and the violator notified
3.9of the amount to be paid, until fines or penalties have been paid or settled.
3.10(b) For purposes of this section:
3.11(1) "inspection" includes an examination of real or personal property or an audit or
3.12other examination of financial or other documents;
3.13(2) "penalty" includes a civil or administrative fine or other financial sanction;
3.14(3) "person" includes a real person and businesses, including corporations,
3.15partnerships, limited liability companies, and unincorporated associations; and
3.16(4) "state agency" means a department, agency, board, commission, constitutional
3.17office, or other group in the executive branch of state government.
3.18(c) If an agency revises, amends, extends, or adds additional violations to a notice,
3.19the person has 60 days from the date of those changes to correct the situation without fine
3.20or penalty. For violations of chapter 177, the person has the time period for remedying
3.21violations under the applicable section of chapter 177 to correct the situation without
3.22fine or penalty.
3.23    (d) An agency conducting an inspection under this section may impose and collect
3.24from the person requesting the inspection a fee equal to the costs incurred by the agency
3.25related to the inspection. Fees under this section shall be considered charges for goods
3.26and services provided for the direct and primary use of a private individual, business, or
3.27other entity under section 16A.1283, paragraph (b), clause (3). Fee revenue collected
3.28under this section must be deposited in an appropriate fund other than the general fund
3.29and is appropriated from that fund to the agency collecting the fee for the purpose of
3.30conducting inspections under this section.
3.31    (e) Nothing in this section shall prohibit or interfere with an agency offering similar
3.32programs that allow independent audits or inspections, including the environmental
3.33improvement program under chapter 114C. If a person conducts a self-audit under chapter
3.34114C, the terms and conditions of this section do not apply. For advisory inspections
3.35conducted by the Pollution Control Agency, terms and conditions of sections 114C.20 to
3.36144C.28 shall be used instead of those in paragraphs (a) to (c) and (g).
4.1(f) If agency staff resources are limited, an agency must give higher priority to
4.2the agency's regular inspections over advisory inspections under this section. Insofar as
4.3conducting advisory inspections reduces an agency's costs, the savings must be reflected
4.4in the charges for advisory inspections. Before hiring additional staff complement for
4.5purposes of this section, an agency must report to the chairs and ranking minority members
4.6of the legislative budget committees with jurisdiction over the agency documenting: (1)
4.7the demand for advisory inspections and why additional staff complement is needed to
4.8meet the demand; and (2) that the revenue generated by advisory inspections will cover the
4.9expenses of the additional staff complement. If a person requests an advisory inspection,
4.10but the agency does not have staff resources necessary to conduct the advisory inspection
4.11before a regular inspection is conducted, and the regular inspection results in findings that
4.12could make a person subject to a fine or penalty, the agency must take into account the
4.13person's request for an advisory inspection and the person's desire to take corrective action
4.14before taking any enforcement action against the person.
4.15(g) This section does not apply to:
4.16(1) criminal penalties;
4.17(2) situations in which implementation of this section is prohibited by federal
4.18law or would result in loss of federal funding or in other federal sanctions or in which
4.19implementation would interfere with multistate agreements, international agreements, or
4.20agreements between state and federal regulatory agencies;
4.21(3) conduct constituting fraud;
4.22(4) violations in a manner that endangers human life or presents significant risk of
4.23major injury or severe emotional harm to humans;
4.24(5) violations that are part of a pattern that has occurred repeatedly and shows
4.25willful intent;
4.26(6) violations for which it may be demonstrated that the alternative inspections
4.27process is being used to avoid enforcement;
4.28(7) violations that occur within three years of violating an applicable law;
4.29(8) the Department of Revenue;
4.30(9) the Workers' Compensation Division at the Department of Labor and Industry;
4.31(10) violations of vehicle size weight limits under sections 169.80 to 169.88;
4.32(11) commercial motor vehicle inspections under section 169.781 and motor carrier
4.33regulations under chapter 221;
4.34(12) the Dairy and Food Inspection Division of the Department of Agriculture, if the
4.35division provides free inspections similar to those under this section;
5.1(13) state inspections or surveys of hospitals, nursing homes, outpatient surgical
5.2centers, supervised living facilities, board and lodging with special services, home care,
5.3housing with services and assisted living settings, hospice, and supplemental nursing
5.4services agencies;
5.5(14) examinations of health maintenance organizations or county-based purchasing
5.6entities regulated under chapter 62D;
5.7(15) special transportation services under section 174.30; and
5.8(16) entities regulated by the Department of Commerce's Financial Institutions and
5.9Insurance Divisions for purposes of regulatory requirements of those divisions.
5.10If an agency determines that this section does not apply due to situations specified in
5.11clause (2), the agency must report the basis for that determination to the chairs and ranking
5.12minority members of the legislative committees with jurisdiction over the agency.
5.13(h) An agency may terminate an advisory inspection and proceed as if an inspection
5.14were a regular inspection if, in the process of conducting an advisory inspection, the
5.15agency finds a situation that the agency determines: could lead to criminal penalties;
5.16endangers human life or presents significant risk of major injury or severe emotional
5.17harm to humans; presents a severe and imminent threat to animals, food, feed, crops,
5.18commodities, or the environment; or evidences a pattern of willful violations.
5.19EFFECTIVE DATE.This section is effective July 1, 2012.

5.20    Sec. 2. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
5.21    Subd. 7. General exceptions. (a) The commissioner may issue permits and
5.22prescribe conditions for an act otherwise prohibited by subdivision 1 if:
5.23(1) the act is for the purpose of zoological, educational, or scientific study;
5.24(2) the act enhances the propagation or survival of the affected species;
5.25(3) the act prevents injury to persons or property; or
5.26(4) the social and economic benefits of the act outweigh the harm caused by it.
5.27(b) The commissioner may issue a general permit to a governmental subdivision or
5.28to the general public to conduct one or more acts described in paragraph (a).
5.29(c) A member of an endangered species may not be destroyed under paragraph (a),
5.30clause (3) or (4), until all alternatives, including live trapping and transplantation, have
5.31been evaluated and rejected. The commissioner may prescribe conditions to propagate
5.32a species or subspecies.
5.33(c) (d) A person may capture or destroy a member of an endangered species, without
5.34permit, to avoid an immediate and demonstrable threat to human life or property.
6.1(d) (e) The commissioner must give approval under this subdivision for forest
6.2management, including permit, sale, or lease of land for timber harvesting.

6.3    Sec. 3. Minnesota Statutes 2010, section 84.67, is amended to read:
6.484.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
6.5    A forests for the future revolving account is created in the natural resources fund.
6.6Money in the account is appropriated to the commissioner of natural resources for the
6.7acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
6.8The commissioner shall sell the lands acquired under this section, subject to an easement
6.9as provided in section 84.66. Money received from the sale of forest lands acquired
6.10under this section and interest earned on the account shall be deposited into the account.
6.11The commissioner must file a report to the house of representatives Ways and Means
6.12and the senate Finance Committees and the environment and natural resources finance
6.13committees or divisions of the senate and house of representatives by October 1 of each
6.14year indicating all purchases of forest land using money from this account and sales of
6.15forest land for which revenue is deposited into this account.

6.16    Sec. 4. [84.76] APPRENTICE RIDER VALIDATION.
6.17    Subdivision 1. Definition. For the purpose of this section, "accompanied by" means
6.18within a distance of another person that permits uninterrupted visual contact and verbal
6.19communication.
6.20    Subd. 2. Apprentice rider requirements. Notwithstanding sections 84.793,
6.2184.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a
6.22required safety certificate may participate in up to two trail-riding events sponsored by the
6.23commissioner in state parks, state trails, state recreation areas, and state forests that are
6.24designed to involve apprentice riders. The person must be accompanied by an adult with a
6.25valid safety certificate. All vehicles must be properly registered for use in Minnesota.

6.26    Sec. 5. Minnesota Statutes 2010, section 84.91, subdivision 1, is amended to read:
6.27    Subdivision 1. Acts prohibited. (a) No owner or other person having charge or
6.28control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
6.29the person knows or has reason to believe is under the influence of alcohol or a controlled
6.30substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
6.31this state or on the ice of any boundary water of this state.
6.32(b) No owner or other person having charge or control of any snowmobile or
6.33all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
7.1any physical or mental disability is incapable of operating the vehicle, to operate the
7.2snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
7.3water of this state.
7.4(c) A person who operates or is in physical control of a snowmobile or all-terrain
7.5vehicle anywhere in this state or on the ice of any boundary water of this state is subject
7.6to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person
7.7who is convicted of violating section 169A.20 or an ordinance in conformity with it
7.8while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a
7.9lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance
7.10in conformity with it, shall be prohibited from operating the a snowmobile or all-terrain
7.11vehicle for a period of one year. The commissioner shall notify the person of the time
7.12period during which the person is prohibited from operating a snowmobile or all-terrain
7.13vehicle.
7.14(d) Administrative and judicial review of the operating privileges prohibition is
7.15governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
7.16impaired driving conviction or prior license revocation, as defined in section 169A.03.
7.17Otherwise, administrative and judicial review of the prohibition is governed by section
7.18169A.53 .
7.19(e) The court shall promptly forward to the commissioner and the Department of
7.20Public Safety copies of all convictions and criminal and civil sanctions imposed under this
7.21section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
7.22(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
7.23either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
7.24all-terrain vehicle during the time period the person is prohibited from operating a vehicle
7.25under paragraph (c) is guilty of a misdemeanor.

7.26    Sec. 6. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
7.27The commissioner of natural resources shall establish a prairie and grasslands public
7.28grazing program. The commissioner shall enter into cooperative farming agreements
7.29or lease agreements with livestock owners to annually graze prairie and grasslands
7.30administered by the commissioner where grazing will enhance wildlife habitat. The
7.31commissioner shall maintain a list of lands grazed under the program describing the
7.32location, acreage, and years grazed. The program shall have a goal of being financially
7.33self-sufficient. Unless otherwise provided by law, revenues received under this section
7.34shall be deposited in the game and fish fund and are appropriated to the commissioner for
7.35purposes of the program.

8.1    Sec. 7. Minnesota Statutes 2011 Supplement, section 84D.01, subdivision 15a, is
8.2amended to read:
8.3    Subd. 15a. Service provider. "Service provider" means an individual who or entity
8.4that installs or removes water-related equipment or structures from waters of the state
8.5for hire or as a service provided as a benefit of membership in a yacht club, boat club,
8.6marina, or similar organization. Service provider does not include a person working
8.7under the supervision of an individual with a valid service provider permit issued under
8.8section 84D.108.

8.9    Sec. 8. Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is
8.10amended to read:
8.11    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
8.12waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
8.13(b) and section 97C.341.
8.14    (b) In waters that are designated as infested waters, except those designated because
8.15they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
8.16under section 17.4982, subdivision 6, taking wild animals may be permitted for:
8.17    (1) commercial taking of wild animals for bait and aquatic farm purposes according
8.18to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
8.19    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
8.20water milfoil, when the infested waters are designated solely because they contain
8.21Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
8.22traps not exceeding 16 inches in diameter and 32 inches in length; and
8.23(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
8.24suckers for bait from streams or rivers designated as infested waters, by hook and line for
8.25noncommercial personal use. Other provisions that apply to this clause are:
8.26(i) fish taken under this clause must be used on the same body of water where caught
8.27and while still on that water body;
8.28(ii) fish taken under this clause may not be transported live from or off the water
8.29body;
8.30(iii) fish harvested under this clause may only be used in accordance with this section;
8.31(iv) any other use of wild animals used for bait from infested waters is prohibited;
8.32(v) fish taken under this clause must meet all other size restrictions and requirements
8.33as established in rules; and
8.34(vi) all species listed under this clause shall be included in the person's daily limit as
8.35established in rules, if applicable.
9.1    (c) Equipment authorized for minnow harvest in a designated infested water by
9.2permit issued under paragraph (b) may not be transported to, or used in, any waters other
9.3than waters specified in the permit.

9.4    Sec. 9. Minnesota Statutes 2010, section 84D.05, subdivision 1, is amended to read:
9.5    Subdivision 1. Prohibited activities. A person may not possess, import, purchase,
9.6sell, propagate, transport, or introduce a prohibited invasive species, except:
9.7(1) under a permit issued by the commissioner under section 84D.11;
9.8(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
9.9(3) under a restricted species permit issued under section 17.457;
9.10(4) when being transported to the department, or another destination as the
9.11commissioner may direct, in a sealed container for purposes of identifying the species
9.12or reporting the presence of the species;
9.13(5) when being transported for disposal as part of a harvest or control activity
9.14when specifically authorized under a permit issued by the commissioner according to
9.15section 103G.615, when being transported for disposal as specified under a commercial
9.16fishing license issued by the commissioner according to section 97A.418, 97C.801,
9.1797C.811 , 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
9.18commissioner;
9.19(6) when the specimen has been lawfully acquired dead and, in the case of plant
9.20species, all seeds are removed or are otherwise secured in a sealed container;
9.21(7) in the form of herbaria or other preserved specimens;
9.22(8) when being removed from watercraft and equipment, or caught while angling,
9.23and immediately returned to the water from which they came; or
9.24(9) as the commissioner may otherwise prescribe by rule.

9.25    Sec. 10. Minnesota Statutes 2011 Supplement, section 84D.09, subdivision 2, is
9.26amended to read:
9.27    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
9.28aquatic macrophytes:
9.29    (1) that are duckweeds in the family Lemnaceae;
9.30    (2) for disposal as part of a harvest or control activity conducted when specifically
9.31authorized under an aquatic plant management permit pursuant to section 103G.615, under
9.32permit pursuant to section 84D.11, or as specified by the commissioner;
10.1    (3) for purposes of constructing shooting or observation blinds in amounts sufficient
10.2for that purpose, provided that the aquatic macrophytes are emergent and cut above the
10.3waterline;
10.4    (4) when legally purchased or traded by or from commercial or hobbyist sources for
10.5aquarium, wetland or lakeshore restoration, or ornamental purposes;
10.6    (5) when harvested for personal or commercial use if in a motor vehicle;
10.7    (6) to the department, or another destination as the commissioner may direct, in a
10.8sealed container for purposes of identifying a species or reporting the presence of a species;
10.9    (7) when transporting commercial aquatic plant harvesting or control equipment to a
10.10suitable location for purposes of cleaning any remaining aquatic macrophytes;
10.11    (8) that are wild rice harvested under section 84.091;
10.12    (9) in the form of fragments of emergent aquatic macrophytes incidentally
10.13transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
10.14season; or
10.15    (10) when removing water-related equipment from waters of the state for purposes
10.16of cleaning off aquatic macrophytes before leaving a water access site.

10.17    Sec. 11. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 1, is
10.18amended to read:
10.19    Subdivision 1. Launching prohibited. A person may not place or attempt to place
10.20into waters of the state a watercraft, a trailer, or water-related equipment, including aquatic
10.21plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or
10.22prohibited invasive species attached except as provided in this section.

10.23    Sec. 12. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 4, is
10.24amended to read:
10.25    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
10.26of the state a person must drain water-related equipment holding water and live wells and
10.27bilges by removing the drain plug before transporting the water-related equipment off
10.28the water access site or riparian property.
10.29    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
10.30from ballast tanks, bilges, and live wells must be removed or opened while transporting
10.31water-related equipment.
10.32    (c) Emergency response vehicles and equipment may be transported on a public road
10.33with the drain plug or other similar device replaced only after all water has been drained
10.34from the equipment upon leaving the water body.
11.1    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
11.2when fishing through the ice except on waters designated infested for viral hemorrhagic
11.3septicemia, and marine sanitary systems are exempt from this subdivision.
11.4    (e) A person must not dispose of bait in waters of the state.
11.5(f) A boat lift, dock, swim raft, or associated equipment that has been removed
11.6from any water body may not be placed in another water body until a minimum of 21
11.7days have passed.

11.8    Sec. 13. Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
11.9amended to read:
11.10    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
11.11individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
11.12species, and water. The commissioner may enter into a delegation agreement with a
11.13tribal or local government where inspection authority as provided under paragraphs (b),
11.14(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
11.15and administrative responsibilities for inspection programs on some or all public waters
11.16within their jurisdiction.
11.17(b) Inspectors may visually and tactilely inspect watercraft and water-related
11.18equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
11.19is present. If a person transporting watercraft or water-related equipment refuses to
11.20take required corrective actions or fails to comply with an order under section 84D.10,
11.21subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
11.22to a conservation officer or other licensed peace officer.
11.23(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
11.24may inspect any watercraft or water-related equipment that is stopped at a water access
11.25site, any other public location in the state, or a private location where the watercraft or
11.26water-related equipment is in plain view, if the officer determines there is reason to believe
11.27that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
11.28water-related equipment.
11.29(d) Conservation officers or other licensed peace officers may utilize check stations
11.30in locations, or in proximity to locations, where watercraft or other water-related
11.31equipment is placed into or removed from waters of the state. Any check stations shall be
11.32operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
11.33(e) Conservation officers or other licensed peace officers may order water-related
11.34equipment to be removed from a water body if the commissioner determines such action is
11.35needed to implement aquatic invasive species control measures.
12.1(f) The commissioner may require mandatory inspections of water-related equipment
12.2before a person places or removes water-related equipment into or out of a water body.
12.3Inspection stations may be located at or near public water accesses or in locations that
12.4allow for servicing multiple water bodies. The commissioner shall ensure that inspection
12.5stations:
12.6(1) have adequate staffing to minimize delays to vehicles and their occupants;
12.7(2) allow for reasonable travel times between public accesses and inspection stations
12.8if inspection is required before placing water-related equipment into a water body;
12.9(3) are located so as not to create traffic delays or public safety issues;
12.10(4) have decontamination equipment available to bring water-related equipment
12.11into compliance; and
12.12(5) do not reduce the capacity or hours of operation of public water accesses.
12.13(g) The commissioner may authorize tribal and local governments that enter into
12.14a delegation agreement with the commissioner to conduct mandatory inspections of
12.15water-related equipment at specified locations within a defined area before a person
12.16places or removes water-related equipment into or out of a water body. Tribal and local
12.17governments that are authorized to conduct inspections under this paragraph must:
12.18(1) assume all legal, financial, and administrative responsibilities for implementing
12.19the mandatory inspections, alone or in agreement with other tribal or local governments;
12.20(2) employ inspectors that have been trained and authorized by the commissioner;
12.21(3) conduct inspections and decontamination measures in accordance with guidelines
12.22approved by the commissioner;
12.23(4) have decontamination equipment available at inspection stations or identify
12.24alternative decontamination equipment locations within a reasonable distance of the
12.25inspection station that can bring water-related equipment into compliance;
12.26(5) provide for inspection station locations that do not create traffic delays or public
12.27safety issues; and
12.28(6) submit a plan approved by the commissioner according to paragraph (h).
12.29(h) Plans required under paragraph (g) must address:
12.30(1) no reduction in capacity or hours of operation of public accesses and fees that
12.31do not discourage or limit use;
12.32(2) reasonable travel times between public accesses and inspection stations;
12.33(3) adequate staffing to minimize wait times and provide adequate hours of operation
12.34at inspection stations and public accesses;
12.35(4) adequate enforcement capacity;
13.1(5) measures to address inspections of water-related equipment at public water
13.2accesses for commercial entities and private riparian land owners; and
13.3(6) other elements as required by the commissioner to ensure statewide consistency,
13.4appropriate inspection and decontamination protocols, and protection of the state's
13.5resources, public safety, and access to public waters.
13.6(i) A government unit authorized to conduct inspections under this subdivision must
13.7submit an annual report to the commissioner summarizing the results and issues related
13.8to implementing the inspection program.
13.9(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
13.10programs where authorized inspectors are placed directly at one or more water access
13.11sites, with no requirement for a person to travel from the water access for inspection
13.12or decontamination, and no local ordinance or other regulation requiring a mandatory
13.13inspection before placing watercraft or water-related equipment into a water body or after
13.14watercraft or water-related equipment are removed from a water body.

13.15    Sec. 14. Minnesota Statutes 2011 Supplement, section 84D.108, subdivision 1, is
13.16amended to read:
13.17    Subdivision 1. Service provider permit required. (a) Service providers must apply
13.18for and obtain a permit from the commissioner before providing any services described in
13.19section 84D.01, subdivision 15a.
13.20(b) Service providers must have a valid permit in possession while providing
13.21services described in section 84D.01, subdivision 15a.
13.22(c) Service providers must display the service provider permit decal issued with
13.23their permit. The decal must be completely affixed by its own adhesive on the inside of
13.24the extreme lower corner of the driver's windshield of the vehicle being operated while
13.25providing services described in section 84D.01, subdivision 15a.

13.26    Sec. 15. Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
13.27amended to read:
13.28    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
13.29the following penalty amounts:
13.30    (1) for transporting aquatic macrophytes in violation of section 84D.09, $50 $100;
13.31    (2) for placing or attempting to place into waters of the state water-related equipment
13.32that has aquatic macrophytes attached, $100 $200;
13.33    (3) for unlawfully possessing or transporting a prohibited invasive species other
13.34than an aquatic macrophyte, $250 $500;
14.1    (4) for placing or attempting to place into waters of the state water-related equipment
14.2that has prohibited invasive species attached when the waters are not designated by the
14.3commissioner as being infested with that invasive species, $500 for the first offense and
14.4$1,000 for each subsequent offense;
14.5    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
14.6prescribed by rule, Eurasian water milfoil, $100;
14.7    (6) for failing to have drain plugs or similar devices removed or opened while
14.8transporting water-related equipment or for failing to remove plugs, open valves, and
14.9drain water from water-related equipment, other than marine sanitary systems, before
14.10leaving waters of the state, $50 $100; and
14.11    (7) for transporting infested water off riparian property without a permit as required
14.12by rule, $200.
14.13(b) A civil citation that is issued to a person who has one or more prior convictions
14.14or final orders for violations of this chapter is subject to twice the penalty amounts listed
14.15in paragraph (a).

14.16    Sec. 16. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
14.17    Subd. 2. Authority of local government. (a) A local government unit that receives
14.18state grants-in-aid for any trail, with the concurrence of the commissioner, and the
14.19landowner or land lessee, may:
14.20(1) designate the trail for use by snowmobiles or for nonmotorized use from
14.21December 1 to April 1 of any year; and
14.22(2) issue any permit required under subdivisions 3 to 5.
14.23(b) A local government unit that receives state grants-in-aid under section 84.794,
14.24subdivision 2 , 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
14.25concurrence of the commissioner, and landowner or land lessee, may:
14.26(1) designate the trail specifically for use at various times of the year by all-terrain or
14.27off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
14.28snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
14.29use at the same time; and
14.30(2) issue any permit required under subdivisions 3 to 5.
14.31(c) A local unit of government that receives state grants-in-aid for any trail, with the
14.32concurrence of the commissioner and landowner or land lessee, may designate certain trails
14.33for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.

14.34    Sec. 17. Minnesota Statutes 2010, section 85.052, subdivision 3, is amended to read:
15.1    Subd. 3. Fee for certain parking and campsite use. (a) An individual using spaces
15.2in state parks under subdivision 1, clause (2), shall be charged daily rates determined and
15.3set by the commissioner in a manner and amount consistent with the type of facility
15.4provided for the accommodation of guests in a particular park and with similar facilities
15.5offered for tourist camping and similar use in the area.
15.6(b) The fee for special parking spurs, campgrounds for automobiles, sites for tent
15.7camping, and special auto trailer coach parking spaces is one-half of the fee set in
15.8paragraph (a) on Sunday through Thursday of each week for a physically disabled person:
15.9(1) with a motor vehicle that has disability plates issued under section 168.021,
15.10subdivision 1 ; or
15.11(2) who possesses a certificate issued under section 169.345; or
15.12(3) who possesses an interagency access pass for state residents with permanent
15.13disabilities, issued by the federal government under the Federal Lands Recreation
15.14Enhancement Act.

15.15    Sec. 18. Minnesota Statutes 2010, section 85.053, subdivision 7, is amended to read:
15.16    Subd. 7. Disabled persons. (a) The commissioner shall prescribe and issue special
15.17state park permits for:
15.18(1) a physically disabled person with a motor vehicle (i) that has disability plates
15.19issued under section 168.021, subdivision 1, or (ii) who has a permanent disability
15.20certificate issued under section 169.345 and who can demonstrate proof of ownership of
15.21the vehicle for which the state park permit is being purchased or proof of a leasehold
15.22interest in the vehicle for a term at least as long as the term of the permit; and
15.23(2) a physically disabled person who: (i) does not own or operate a motor vehicle;
15.24(ii) possesses a statement certified under section 169.345, subdivision 2a; and (iii) applies
15.25to the commissioner in writing; and
15.26(3) a permanently disabled person who possesses an interagency access pass for
15.27people with permanent disabilities, issued by the federal government under the Federal
15.28Lands Recreation Enhancement Act.
15.29(b) Except For vehicles permitted under paragraph (a), clause (2) (1), the permit or
15.30the decal issued under this subdivision is valid only when displayed on a vehicle owned
15.31and occupied by the person to whom the permit is issued.

15.32    Sec. 19. Minnesota Statutes 2010, section 85.20, subdivision 1, is amended to read:
15.33    Subdivision 1. Violation of rules. (a) Any person who, within the limits of any state
15.34park, state monument, state recreation area, state wayside, or area of state land reserved
16.1from sale, as provided by Laws 1923, chapter 430 outdoor recreation unit established in
16.2chapter 86A, shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen,
16.3or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface,
16.4or mutilate any guideboard, guidepost, furniture, fixture, improvement, monument,
16.5tablet, or other property of the state of any kind, or who shall willfully violate, or fail
16.6to comply with, any rule of the commissioner adopted and promulgated in accordance
16.7with the provisions of Laws 1923, chapter 430, shall be according to section 86A.06, is
16.8guilty of a petty misdemeanor.
16.9(b) Violations under paragraph (a) adopted for wildlife management areas described
16.10in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law
16.11penalties defined in section 97A.301, subdivision 1, clause (6).
16.12(c) If a different penalty is provided in another section of law for the violation and
16.13the person is charged under that section of law, the penalty specified for the violation
16.14will control over the penalty specified in paragraphs (a) and (b). Violations relating to
16.15the taking of wild animals are subject to the penalties as specified in the game and fish
16.16laws described in section 97A.011.

16.17    Sec. 20. Minnesota Statutes 2010, section 85.46, subdivision 1, is amended to read:
16.18    Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while
16.19riding, leading, or driving a horse on lands administered by the commissioner, except
16.20forest roads and forest roads rights-of-way, a person 16 years of age or over shall carry in
16.21immediate possession a valid horse pass. The pass must be available for inspection by a
16.22peace officer, a conservation officer, or an employee designated under section 84.0835. A
16.23person who violates any provision of this subdivision is guilty of a petty misdemeanor.
16.24    (b) A valid horse pass is not required under this section for a person riding, leading,
16.25or driving a horse on property that is owned by the person or the person's spouse, child,
16.26parent, or guardian.

16.27    Sec. 21. [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
16.28    Subdivision 1. Establishment. The commissioner shall establish a statewide course
16.29in preventing the spread of aquatic invasive species. The commissioner must develop an
16.30educational course and testing program that address identification of aquatic invasive
16.31species and best practices to prevent the spread of aquatic invasive species when moving
16.32water-related equipment, as defined under section 84D.01, subdivision 18a.
17.1    Subd. 2. Aquatic invasive species trailer decal. The commissioner shall issue an
17.2aquatic invasive species trailer decal for each trailer owned by a person that satisfactorily
17.3completes the required course of instruction.
17.4    Subd. 3. Contracting for services. The commissioner may contract for services to
17.5provide training and testing services under this section.
17.6    Subd. 4. Aquatic invasive species trailer decal display required. (a) A person
17.7may not transport watercraft or water-related equipment, as defined under section 84D.01,
17.8subdivision 18a, with a trailer unless the person has an aquatic invasive species trailer
17.9decal issued under this section. Temporary authorizations valid for seven days can be
17.10requested by persons that have not completed the required course of instruction.
17.11(b) Aquatic invasive species trailer decals are valid for three years.
17.12(c) The aquatic invasive species trailer decal must be adhered to the side of the trailer
17.13frame tongue near the hitch in a manner that it is readily visible and does not interfere with
17.14the display of any registration requirements under section 169.79.
17.15(d) Aquatic invasive species trailer decals are not transferable.
17.16(e) Violation of this section shall not result in a penalty, but is punishable only
17.17by a warning.
17.18EFFECTIVE DATE.Subdivision 4 is effective July 1, 2015.

17.19    Sec. 22. Minnesota Statutes 2010, section 86B.331, subdivision 1, is amended to read:
17.20    Subdivision 1. Acts prohibited. (a) An owner or other person having charge or
17.21control of a motorboat may not authorize or allow an individual the person knows or has
17.22reason to believe is under the influence of alcohol or a controlled or other substance to
17.23operate the motorboat in operation on the waters of this state.
17.24(b) An owner or other person having charge or control of a motorboat may not
17.25knowingly authorize or allow a person, who by reason of a physical or mental disability
17.26is incapable of operating the motorboat, to operate the motorboat in operation on the
17.27waters of this state.
17.28(c) A person who operates or is in physical control of a motorboat on the waters
17.29of this state is subject to chapter 169A. In addition to the applicable sanctions under
17.30chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance
17.31in conformity with it while operating a motorboat, shall be prohibited from operating
17.32the a motorboat on the waters of this state for a period of 90 days between May 1 and
17.33October 31, extending over two consecutive years if necessary. If the person operating the
17.34motorboat refuses to comply with a lawful demand to submit to testing under sections
17.35169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited
18.1from operating the a motorboat for a period of one year. The commissioner shall notify
18.2the person of the period during which the person is prohibited from operating a motorboat.
18.3(d) Administrative and judicial review of the operating privileges prohibition is
18.4governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
18.5impaired driving conviction or prior license revocation, as defined in section 169A.03.
18.6Otherwise, administrative and judicial review of the prohibition is governed by section
18.7169A.53 .
18.8(e) The court shall promptly forward to the commissioner and the Department of
18.9Public Safety copies of all convictions and criminal and civil sanctions imposed under this
18.10section and chapters 169 and 169A relating to motorboats.
18.11(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
18.12either of them, is guilty of a misdemeanor.
18.13(g) For purposes of this subdivision, a motorboat "in operation" does not include a
18.14motorboat that is anchored, beached, or securely fastened to a dock or other permanent
18.15mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

18.16    Sec. 23. Minnesota Statutes 2010, section 93.2236, is amended to read:
18.1793.2236 MINERALS MANAGEMENT ACCOUNT.
18.18(a) The minerals management account is created as an account in the natural
18.19resources fund. Interest earned on money in the account accrues to the account. Money in
18.20the account may be spent or distributed only as provided in paragraphs (b) and (c).
18.21(b) If the balance in the minerals management account exceeds $3,000,000 on June
18.2230, the amount exceeding $3,000,000 must be distributed to the permanent school fund
18.23and, the permanent university fund, and taxing districts as provided in section 93.22,
18.24subdivision 1, paragraph (c). The amount distributed to each fund must be in the same
18.25proportion as the total mineral lease revenue received in the previous biennium from school
18.26trust lands and, university lands, and lands held by the state in trust for taxing districts.
18.27(c) Subject to appropriation by the legislature, money in the minerals management
18.28account may be spent by the commissioner of natural resources for mineral resource
18.29management and projects to enhance future mineral income and promote new mineral
18.30resource opportunities.

18.31    Sec. 24. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
18.32    Subdivision 1. Commissioner's authority. The commissioner may issue special
18.33permits for the activities in this section. A special permit may be issued in the form of a
19.1general permit to a governmental subdivision or to the general public to conduct one or
19.2more activities under subdivisions 2 to 7.

19.3    Sec. 25. Minnesota Statutes 2010, section 97A.421, subdivision 4a, is amended to read:
19.4    Subd. 4a. Suspension for failure to appear in court or pay a fine or surcharge.
19.5When a court reports to the commissioner that a person: (1) has failed to appear in court
19.6under the summons issued in response to a notice to appear or fails to comply with other
19.7orders of the court regarding the appearance or proceedings for a violation of the game
19.8and fish laws; or (2) has been convicted of violating a provision of the game and fish
19.9laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
19.10and refused or failed to comply with that sentence or to pay the fine or surcharge, the
19.11commissioner shall suspend the game and fish license and permit privileges of the person
19.12until notified by the court that the person has appeared in court under clause (1) or that any
19.13fine or surcharge due the court has been paid under clause (2).

19.14    Sec. 26. Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:
19.1597C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
19.16(a) A person may not use live minnows imported from outside of the state, game
19.17fish, goldfish, or carp for bait. The commissioner may, by written order published in
19.18the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
19.19their use. The order is exempt from the rulemaking provisions of chapter 14 and section
19.2014.386 does not apply.
19.21(b) A person may not import or possess live, frozen, or processed bait from known
19.22waters where viral hemorrhagic septicemia has been identified as being present,: (1)
19.23unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
19.24prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
19.25(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
19.26invertebrates, and insects used for taking wild animals in waters of the state.
19.27    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
19.28be used as:
19.29    (1) fresh or frozen bait only on Lake Superior; or
19.30    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
19.31manner prescribed by rules adopted by the commissioner.
19.32(d) To ensure that frozen or dead fish being brought into the state are not in violation
19.33of paragraph (b), the following paperwork must accompany the shipment. Documents
19.34must be open for inspection by the commissioner at any reasonable time. All documents
20.1must be available to purchasers of these bait items. Each container or package of frozen or
20.2dead fish must have the following information:
20.3(1) water body source;
20.4(2) lot number;
20.5(3) company contact including name, phone, and address;
20.6(4) date of packaging and labeling; and
20.7(5) valid negative fish health certification from the source water body.

20.8    Sec. 27. Minnesota Statutes 2010, section 103A.43, is amended to read:
20.9103A.43 WATER ASSESSMENTS AND REPORTS.
20.10    (a) The Environmental Quality Board shall consolidate the assessments required
20.11in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single
20.12report to the house of representatives and senate committees with jurisdiction over the
20.13environment, natural resources, and agriculture and the Legislative-Citizen Commission
20.14on Minnesota Resources by September 15, 2010, and every five years thereafter.
20.15    (b) The Pollution Control Agency and the Department of Agriculture shall provide a
20.16biennial an assessment and analysis of water quality, groundwater degradation trends, and
20.17efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment
20.18and analysis must include an analysis of relevant monitoring data.
20.19    (c) The Department of Natural Resources shall provide an assessment and analysis
20.20of the quantity of surface and ground water in the state and the availability of water to
20.21meet the state's needs.

20.22    Sec. 28. Minnesota Statutes 2010, section 103B.101, subdivision 2, is amended to read:
20.23    Subd. 2. Voting members. (a) The members are:
20.24(1) three county commissioners;
20.25(2) three soil and water conservation district supervisors;
20.26(3) three watershed district or watershed management organization representatives;
20.27(4) three citizens who are not employed by, or the appointed or elected officials of, a
20.28state governmental office, board, or agency;
20.29(5) one township officer;
20.30(6) two elected city officials, one of whom must be from a city located in the
20.31metropolitan area, as defined under section 473.121, subdivision 2;
20.32(7) the commissioner of agriculture;
20.33(8) the commissioner of health;
20.34(9) the commissioner of natural resources;
21.1(10) the commissioner of the Pollution Control Agency; and
21.2(11) the director of the University of Minnesota Extension Service.
21.3(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
21.4with at least four members but not more than six members from the metropolitan area,
21.5as defined by section 473.121, subdivision 2; and one from each of the current soil and
21.6water conservation administrative regions.
21.7(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor.
21.8In making the appointments, the governor may consider persons recommended by
21.9the Association of Minnesota Counties, the Minnesota Association of Townships, the
21.10League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation
21.11Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
21.12association must contain at least three nominees for each position to be filled.
21.13(d) The membership terms, compensation, removal of members and filling of
21.14vacancies on the board for members in paragraph (a), clauses (1) to (6), are as provided
21.15in section 15.0575.

21.16    Sec. 29. Minnesota Statutes 2010, section 103B.101, subdivision 7, is amended to read:
21.17    Subd. 7. Hearings, orders, and rulemaking. The board may hold public hearings
21.18and adopt rules and orders necessary to execute its duties.

21.19    Sec. 30. Minnesota Statutes 2010, section 103B.101, is amended by adding a
21.20subdivision to read:
21.21    Subd. 8a. Bylaws and conflict of interest. The board shall adopt bylaws that
21.22include provisions to prevent or address conflict of interest.

21.23    Sec. 31. Minnesota Statutes 2010, section 103B.101, subdivision 10, is amended to
21.24read:
21.25    Subd. 10. Committee for dispute resolution. A committee of the board is
21.26established to hear and resolve disputes, appeals, and interventions under sections
21.27103A.301 to 103A.341; 103B.101; 103B.231; 103B.345; 103D.535; 103D.537; and
21.28103G.2242, subdivision 9 . The committee consists of two of the three citizen members;
21.29one county commissioner member; one soil and water conservation district supervisor
21.30member; and one watershed district or watershed management organization representative
21.31member. The committee is appointed by the board chair. The board shall adopt bylaws
21.32governing committee membership and duties.

22.1    Sec. 32. Minnesota Statutes 2010, section 103B.101, is amended by adding a
22.2subdivision to read:
22.3    Subd. 14. Local water management coordination. (a) The board may adopt
22.4resolutions, policies, or orders that allow a comprehensive plan, local water management
22.5plan, or watershed management plan, developed or amended, approved and adopted,
22.6according to chapter 103B, 103C, or 103D to serve as substitutes for one another or be
22.7replaced with a comprehensive watershed management plan. The board may also develop
22.8criteria for incorporating or coordinating the elements of metropolitan county groundwater
22.9plans in accordance with section 103B.255. The board shall, to the extent practicable,
22.10incorporate a watershed approach when adopting the resolutions, policies, or orders, and
22.11shall establish a suggested watershed boundary framework for development, approval,
22.12adoption, and coordination of plans.
22.13(b) The board shall work with local government stakeholders and others to foster
22.14mutual understanding and develop recommendations for local water management and
22.15related state water management policy and programs. The board may convene informal
22.16working groups or work teams to develop information, education, and recommendations.
22.17Local government units may develop and carry out TMDL implementation plans, or their
22.18equivalent, as provided in chapter 114D, as part of the local water management plans and
22.19responsibilities under chapters 103B, 103C, and 103D.

22.20    Sec. 33. Minnesota Statutes 2010, section 103B.101, is amended by adding a
22.21subdivision to read:
22.22    Subd. 15. Local water management boundary and plan determinations and
22.23appeals. (a) Local government units may either submit a request for a plan boundary
22.24determination as part of a plan approval request or apply separately for a plan boundary
22.25determination from the board before requesting plan approval. Local government units
22.26must provide written documentation of the rationale and justification for the proposed
22.27boundary. The board may request additional information needed to make a plan boundary
22.28determination.
22.29(b) Local government units may appeal a board decision to deny approval of a plan
22.30or the establishment of a plan boundary. An appeal of a board decision may be taken to the
22.31state Court of Appeals and must be considered an appeal from a contested case decision
22.32for purposes of judicial review under sections 14.63 to 14.69. Local government units
22.33may request the board's dispute resolution committee or executive director to hear and
22.34make recommendations to resolve boundary and plan implementation disputes.

23.1    Sec. 34. Minnesota Statutes 2010, section 103B.311, subdivision 4, is amended to read:
23.2    Subd. 4. Water plan requirements. (a) A local water management plan must:
23.3(1) cover the entire area within a county;
23.4(2) address water problems in the context of watershed units and groundwater
23.5systems;
23.6(3) be based upon principles of sound hydrologic management of water, effective
23.7environmental protection, and efficient management;
23.8(4) be consistent with local water management plans prepared by counties and
23.9watershed management organizations wholly or partially within a single watershed unit or
23.10groundwater system; and
23.11(5) the local water management plan must specify the period covered by the local
23.12water management plan and must extend at least five years but no more than ten years from
23.13the date the board approves the local water management plan. Local water management
23.14plans that contain revision dates inconsistent with this section must comply with that date,
23.15provided it is not more than ten years beyond the date of board approval. A two-year
23.16extension of the revision date of a local water management plan may be granted by the
23.17board, provided no projects are ordered or commenced during the period of the extension.
23.18(b) Existing water and related land resources plans, including plans related to
23.19agricultural land preservation programs developed pursuant to chapter 40A, must be
23.20fully utilized in preparing the local water management plan. Duplication of the existing
23.21plans is not required.

23.22    Sec. 35. Minnesota Statutes 2010, section 103B.3363, is amended by adding a
23.23subdivision to read:
23.24    Subd. 3a. Comprehensive watershed management plan. "Comprehensive
23.25watershed management plan" means a plan to manage the water and related natural
23.26resources of a watershed that consists of the plans listed in subdivision 3 or a separate
23.27plan that has been approved as a substitute by the board and adopted by local units
23.28of government for the same or additional purposes. The comprehensive watershed
23.29management plan shall be consistent with the goals of section 103A.212 and may address
23.30the goals in sections 103A.201 to 103A.211, and chapter 114D.

23.31    Sec. 36. [103B.3367] WATER PLAN EXTENSIONS.
23.32The board may grant extensions with or without conditions of the revision date of a
23.33comprehensive local water management plan or a comprehensive watershed management
23.34plan.

24.1    Sec. 37. Minnesota Statutes 2010, section 103B.3369, is amended to read:
24.2103B.3369 LOCAL WATER RESOURCES RESTORATION, PROTECTION,
24.3AND MANAGEMENT PROGRAM.
24.4    Subdivision 1. Assistance priorities. State agencies may give priority to local
24.5government unit requests that are part of or responsive to a comprehensive plan, local
24.6water management plan, watershed management plan, or comprehensive watershed
24.7management plan, developed or amended, approved and adopted, according to chapter
24.8103B, 103C, 103D, or 114D, when administering programs for water-related financial
24.9and technical assistance.
24.10    Subd. 2. Establishment. A local water resources restoration, protection, and
24.11management program is established. The board may provide financial assistance to local
24.12units of government for activities that restore, protect, or manage water and related land
24.13quality. The activities include planning, zoning, official controls, best management
24.14practices, capital projects, and other activities to implement a comprehensive plan, local
24.15water management plans plan, or watershed management plan, developed or amended,
24.16adopted and approved, according to chapter 103B, 103C, or 103D.
24.17    Subd. 4. Contracts. A local unit of government may contract to implement
24.18programs. An explanation of the program responsibilities proposed to be contracted must
24.19accompany grant requests. A local unit of government that contracts is responsible for
24.20ensuring that state funds are properly expended and for providing an annual report to the
24.21board describing expenditures of funds and program accomplishments.
24.22    Subd. 5. Financial assistance. A base grant may be awarded to a county that
24.23provides a match utilizing a water implementation tax or other local source. A water
24.24implementation tax that a county intends to use as a match to the base grant must be levied
24.25at a rate determined by the board. The minimum amount of the water implementation tax
24.26shall be a tax rate times the adjusted net tax capacity of the county for the preceding year.
24.27The rate shall be the rate, rounded to the nearest .001 of a percent, that, when applied
24.28to the adjusted net tax capacity for all counties, raises the amount of $1,500,000. The
24.29base grant will be in an amount equal to $37,500 less the amount raised by the local
24.30match. If the amount necessary to implement the local water plan for the county is less
24.31than $37,500, the amount of the base grant shall be the amount that, when added to the
24.32match amount, equals the amount required to implement the plan. For counties where
24.33the tax rate generates an amount equal to or greater than $18,750, the base grant shall
24.34be in an amount equal to $18,750. The board may award performance-based grants to
24.35local units of government that are responsible for implementing elements of applicable
24.36portions of watershed management plans, comprehensive plans, local water management
25.1plans, or comprehensive watershed management plans, developed or amended, adopted
25.2and approved, according to chapter 103B, 103C, or 103D. Upon request by a local
25.3government unit, the board may also award performance-based grants to local units of
25.4government to carry out TMDL implementation plans as provided in chapter 114D, if the
25.5TMDL implementation plan has been incorporated into the local water management plan
25.6according to the procedures for approving comprehensive plans, watershed management
25.7plans, local water management plans, or comprehensive watershed management plans
25.8under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone
25.9a public review process. Notwithstanding section 16A.41, the board may award
25.10performance-based grants on an advanced basis.
25.11    Subd. 6. Limitations Conditions. (a) Grants provided to implement programs
25.12under this section must be reviewed by the state agency having statutory program authority
25.13to assure compliance with minimum state standards. At the request of the state agency
25.14commissioner, the board shall revoke the portion of a grant used to support a program
25.15not in compliance.
25.16(b) Grants may be provided to develop or revise, amend, or implement local water
25.17management plans may not be awarded for a time longer than two years, comprehensive
25.18plans, watershed management plans, or comprehensive watershed management plans,
25.19approved and adopted, according to chapter 103B, 103C, 103D, or 114D.
25.20(c) A local unit of government may not request or be awarded grants for project
25.21implementation unless a comprehensive plan, local water management water plan has
25.22been adopted, watershed management plan, or comprehensive watershed management
25.23plan has been developed or amended, adopted and approved, according to chapter 103B,
25.24103C, or 103D.
25.25    Subd. 7. Performance criteria. The board shall develop and utilize
25.26performance-based criteria for local water resources restoration, protection, and
25.27management programs and projects. The criteria may include, but are not limited to,
25.28science-based assessments, organizational capacity, priority resource issues, community
25.29outreach and support, partnership potential, potential for multiple benefits, and program
25.30and project delivery efficiency and effectiveness.

25.31    Sec. 38. Minnesota Statutes 2010, section 103B.355, is amended to read:
25.32103B.355 APPLICATION.
25.33Sections 103B.301 to 103B.335 and 103B.341 to 103B.355 do not apply in areas
25.34subject to the requirements of sections 103B.201 to 103B.255 under section 103B.231,
26.1subdivision 1 , and in areas covered by an agreement under section 103B.231, subdivision
26.22 , except as otherwise provided in section 103B.311, subdivision 4, clause (4).

26.3    Sec. 39. Minnesota Statutes 2010, section 103F.211, is amended by adding a
26.4subdivision to read:
26.5    Subd. 4. Removal of logs; dead trees and branches. The removal of logs and dead
26.6trees and branches from the shoreland is exempt from any permit requirements, unless
26.7required by a local government unit. Before a person removes logs or dead trees and
26.8branches from publicly owned land or land owned by another, the person must obtain
26.9permission from the land owner or manager. Public entities are encouraged to allow for
26.10the removal of logs and dead trees and branches that present a safety hazard on land
26.11managed by the public entity.

26.12    Sec. 40. Minnesota Statutes 2010, section 103F.321, is amended by adding a
26.13subdivision to read:
26.14    Subd. 4. Removal of logs; dead trees and branches. The removal of logs and dead
26.15trees and branches from the shoreland is exempt from any permit requirements when
26.16the logs or dead trees and branches present safety hazards, unless required by a local
26.17government unit. Before a person removes logs or dead trees and branches from publicly
26.18owned land or land owned by another, the person must obtain permission from the land
26.19owner or manager. Public entities are encouraged to allow for the removal of logs and
26.20dead trees and branches that present a safety hazard on land managed by the public entity.

26.21    Sec. 41. Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
26.22is amended to read:
26.23    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
26.24partially, unless replaced by restoring or creating wetland areas of at least equal public
26.25value under a replacement plan approved as provided in section 103G.2242, a replacement
26.26plan under a local governmental unit's comprehensive wetland protection and management
26.27plan approved by the board under section 103G.2243, or, if a permit to mine is required
26.28under section 93.481, under a mining reclamation plan approved by the commissioner
26.29under the permit to mine. For project-specific wetland replacement completed prior to
26.30wetland impacts authorized or conducted under a permit to mine within the Great Lakes
26.31and Rainy River watershed basins, those basins shall be considered a single watershed
26.32for purposes of determining wetland replacement ratios. Mining reclamation plans shall
26.33apply the same principles and standards for replacing wetlands by restoration or creation
27.1of wetland areas that are applicable to mitigation plans approved as provided in section
27.2103G.2242 . Public value must be determined in accordance with section 103B.3355 or
27.3a comprehensive wetland protection and management plan established under section
27.4103G.2243 . Sections 103G.221 to 103G.2372 also apply to excavation in permanently
27.5and semipermanently flooded areas of types 3, 4, and 5 wetlands.
27.6    (b) Replacement must be guided by the following principles in descending order
27.7of priority:
27.8    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
27.9the wetland;
27.10    (2) minimizing the impact by limiting the degree or magnitude of the wetland
27.11activity and its implementation;
27.12    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
27.13wetland environment;
27.14    (4) reducing or eliminating the impact over time by preservation and maintenance
27.15operations during the life of the activity;
27.16    (5) compensating for the impact by restoring a wetland; and
27.17    (6) compensating for the impact by replacing or providing substitute wetland
27.18resources or environments.
27.19    For a project involving the draining or filling of wetlands in an amount not exceeding
27.2010,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
27.21paragraph (a), the local government unit may make an on-site sequencing determination
27.22without a written alternatives analysis from the applicant.
27.23    (c) If a wetland is located in a cultivated field, then replacement must be
27.24accomplished through restoration only without regard to the priority order in paragraph
27.25(b), provided that a deed restriction is placed on the altered wetland prohibiting is not
27.26converted to a nonagricultural use for at least ten years.
27.27    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
27.28subdivision 2 , paragraphs paragraph (b) and or (e), the local government unit may require
27.29a deed restriction that prohibits nonagricultural use for at least ten years unless the drained
27.30wetland is replaced as provided under this section. The local government unit may require
27.31the deed restriction if it determines the wetland area drained is at risk of conversion to
27.32a nonagricultural use within ten years based on the zoning classification, proximity to a
27.33municipality or full service road, or other criteria as determined by the local government
27.34unit.
27.35    (e) Restoration and replacement of wetlands must be accomplished in accordance
27.36with the ecology of the landscape area affected and ponds that are created primarily to
28.1fulfill storm water management, and water quality treatment requirements may not be
28.2used to satisfy replacement requirements under this chapter unless the design includes
28.3pretreatment of runoff and the pond is functioning as a wetland.
28.4    (f) Except as provided in paragraph (g), for a wetland or public waters wetland
28.5located on nonagricultural land, replacement must be in the ratio of two acres of replaced
28.6wetland for each acre of drained or filled wetland.
28.7    (g) For a wetland or public waters wetland located on agricultural land or in a greater
28.8than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
28.9for each acre of drained or filled wetland.
28.10    (h) Wetlands that are restored or created as a result of an approved replacement plan
28.11are subject to the provisions of this section for any subsequent drainage or filling.
28.12    (i) Except in a greater than 80 percent area, only wetlands that have been restored
28.13from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
28.14wetlands created by dikes or dams along public or private drainage ditches, or wetlands
28.15created by dikes or dams associated with the restoration of previously drained or filled
28.16wetlands may be used in a statewide banking program established in rules adopted under
28.17section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
28.18occurring wetlands from one type to another are not eligible for enrollment in a statewide
28.19wetlands bank.
28.20    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
28.212 , shall ensure that sufficient time has occurred for the wetland to develop wetland
28.22characteristics of soils, vegetation, and hydrology before recommending that the wetland
28.23be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
28.24to believe that the wetland characteristics may change substantially, the panel shall
28.25postpone its recommendation until the wetland has stabilized.
28.26    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
28.27apply to the state and its departments and agencies.
28.28    (l) For projects involving draining or filling of wetlands associated with a new public
28.29transportation project, and for projects expanded solely for additional traffic capacity,
28.30public transportation authorities may purchase credits from the board at the cost to the
28.31board to establish credits. Proceeds from the sale of credits provided under this paragraph
28.32are appropriated to the board for the purposes of this paragraph. For the purposes of this
28.33paragraph, "transportation project" does not include an airport project.
28.34    (m) A replacement plan for wetlands is not required for individual projects that
28.35result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
28.36or replacement of a currently serviceable existing state, city, county, or town public road
29.1necessary, as determined by the public transportation authority, to meet state or federal
29.2design or safety standards or requirements, excluding new roads or roads expanded solely
29.3for additional traffic capacity lanes. This paragraph only applies to authorities for public
29.4transportation projects that:
29.5    (1) minimize the amount of wetland filling or draining associated with the project
29.6and consider mitigating important site-specific wetland functions on site;
29.7    (2) except as provided in clause (3), submit project-specific reports to the board, the
29.8Technical Evaluation Panel, the commissioner of natural resources, and members of the
29.9public requesting a copy at least 30 days prior to construction that indicate the location,
29.10amount, and type of wetlands to be filled or drained by the project or, alternatively,
29.11convene an annual meeting of the parties required to receive notice to review projects to
29.12be commenced during the upcoming year; and
29.13    (3) for minor and emergency maintenance work impacting less than 10,000 square
29.14feet, submit project-specific reports, within 30 days of commencing the activity, to the
29.15board that indicate the location, amount, and type of wetlands that have been filled
29.16or drained.
29.17    Those required to receive notice of public transportation projects may appeal
29.18minimization, delineation, and on-site mitigation decisions made by the public
29.19transportation authority to the board according to the provisions of section 103G.2242,
29.20subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
29.21decisions made by the public transportation authority and provide recommendations
29.22regarding on-site mitigation if requested to do so by the local government unit, a
29.23contiguous landowner, or a member of the Technical Evaluation Panel.
29.24    Except for state public transportation projects, for which the state Department of
29.25Transportation is responsible, the board must replace the wetlands, and wetland areas of
29.26public waters if authorized by the commissioner or a delegated authority, drained or filled
29.27by public transportation projects on existing roads.
29.28    Public transportation authorities at their discretion may deviate from federal and
29.29state design standards on existing road projects when practical and reasonable to avoid
29.30wetland filling or draining, provided that public safety is not unreasonably compromised.
29.31The local road authority and its officers and employees are exempt from liability for
29.32any tort claim for injury to persons or property arising from travel on the highway and
29.33related to the deviation from the design standards for construction or reconstruction under
29.34this paragraph. This paragraph does not preclude an action for damages arising from
29.35negligence in construction or maintenance on a highway.
30.1    (n) If a landowner seeks approval of a replacement plan after the proposed project
30.2has already affected the wetland, the local government unit may require the landowner to
30.3replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
30.4required.
30.5    (o) A local government unit may request the board to reclassify a county or
30.6watershed on the basis of its percentage of presettlement wetlands remaining. After
30.7receipt of satisfactory documentation from the local government, the board shall change
30.8the classification of a county or watershed. If requested by the local government unit,
30.9the board must assist in developing the documentation. Within 30 days of its action to
30.10approve a change of wetland classifications, the board shall publish a notice of the change
30.11in the Environmental Quality Board Monitor.
30.12    (p) One hundred citizens who reside within the jurisdiction of the local government
30.13unit may request the local government unit to reclassify a county or watershed on the basis
30.14of its percentage of presettlement wetlands remaining. In support of their petition, the
30.15citizens shall provide satisfactory documentation to the local government unit. The local
30.16government unit shall consider the petition and forward the request to the board under
30.17paragraph (o) or provide a reason why the petition is denied.

30.18    Sec. 42. Minnesota Statutes 2010, section 103G.2241, subdivision 1, is amended to
30.19read:
30.20    Subdivision 1. Agricultural activities. A replacement plan for wetlands is not
30.21required for:
30.22    (1) activities in a wetland that was planted with annually seeded crops, was in a crop
30.23rotation seeding of pasture grass or legumes, or was required to be set aside to receive
30.24price support or other payments under United States Code, title 7, sections 1421 to 1469,
30.25in six of the last ten years prior to January 1, 1991;
30.26    (2) activities in a type 1 wetland on agricultural pasture land that remains in the
30.27same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
30.28or type 6 wetland that is less than two acres in size and located on agricultural pasture
30.29land that remains in the same use;
30.30    (3) activities in a wetland conducted as part of normal farming practices. For
30.31purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
30.32and ranching activities such as plowing, seeding, cultivating, and harvesting for the
30.33production of feed, food, and fiber products, but does not include activities that result in
30.34the draining of wetlands;
31.1    (4) soil and water conservation practices approved by the soil and water conservation
31.2district, after review by the Technical Evaluation Panel;
31.3    (5) aquaculture activities including pond excavation and construction and
31.4maintenance of associated access roads and dikes authorized under, and conducted in
31.5accordance with, a permit issued by the United States Army Corps of Engineers under
31.6section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
31.7but not including construction or expansion of buildings;
31.8    (6) wild rice production activities, including necessary diking and other activities
31.9authorized under a permit issued by the United States Army Corps of Engineers under
31.10section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or
31.11    (7) agricultural activities on agricultural land that is subject to the swampbuster
31.12provisions of the federal farm program restrictions that meet minimum state standards
31.13under this chapter and sections 103A.202 and 103B.3355 and that have been approved
31.14by the Board of Water and Soil Resources, the commissioners of natural resources
31.15and agriculture, and the Pollution Control Agency consistent with a memorandum of
31.16understanding and related agreements between the board and the United States Department
31.17of Agriculture, Natural Resources Conservation Service.

31.18    Sec. 43. Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to
31.19read:
31.20    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c) (d), (e), (f),
31.21(g), (h), and (i), a replacement plan for wetlands is not required for draining or filling
31.22the following amounts of wetlands as part of a project outside of the shoreland wetland
31.23protection zone:
31.24    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
31.25tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
31.2680 percent area;
31.27    (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
31.28tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
31.29area, except within the 11-county metropolitan area;
31.30    (3) 2,000 square feet of type 1, 2, or 6, or 7 wetland, outside of the shoreland wetland
31.31protection zone excluding white cedar and tamarack wetlands, in a less than 50 percent
31.32area, except within the 11-county metropolitan area; or
31.33    (4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland
31.34types not listed in clauses (1) to (3) outside of the building setback zone of the shoreland
31.35wetland protection zones in all counties;.
32.1(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
32.2for wetlands is not required for draining or filling the following amounts of wetlands
32.3as part of a project within the shoreland wetland protection zone beyond the shoreland
32.4building setback zone:
32.5    (5) (1) 400 square feet of type 1, 2, 6, or 7 wetland types listed in clauses (1) to
32.6(3), beyond the building setback zone, as defined in the local shoreland management
32.7ordinance, but within the shoreland wetland protection zone.; or
32.8(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
32.9In a greater than 80 percent area, the local government unit may increase the de
32.10minimis amount allowed under clause (1) may be increased up to 1,000 square feet if the
32.11wetland is isolated and is determined to have no direct surficial connection to the public
32.12water or if permanent water runoff retention or infiltration measures are established in
32.13proximity as approved by the shoreland management authority.
32.14(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
32.15for wetlands is not required for draining or filling up to 20 square feet of wetland as part
32.16of a project within the shoreland building setback zone, as defined in the local shoreland
32.17management ordinance. The amount in this paragraph may be increased to 100 square feet
32.18if permanent water runoff retention or infiltration measures are established in proximity as
32.19approved by the shoreland management authority.
32.20To the extent that a local shoreland management ordinance is more restrictive than
32.21this provision, the local shoreland ordinance applies;
32.22    (6) up to 20 square feet of wetland, regardless of type or location;
32.23(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement
32.24plan is not required for draining or filling amounts of wetlands as part of a project:
32.25    (7) (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
32.26tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
32.27area within the 11-county metropolitan area; or
32.28    (8) (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
32.29protection zone in a less than 50 percent area within the 11-county metropolitan area.
32.30    For purposes of this paragraph subdivision, the 11-county metropolitan area consists
32.31of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott,
32.32Sherburne, Washington, and Wright.
32.33    (b) (e) The amounts listed in paragraph paragraphs (a), clauses (1) to (8), (b), and (c)
32.34may not be combined on a project.
33.1    (c) (f) This exemption no longer applies to a landowner's portion of a wetland when
33.2the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
33.3the greatest of:
33.4    (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
33.5the entire wetland;
33.6    (2) five percent of the landowner's portion of the wetland; or
33.7    (3) 400 square feet.
33.8    (d) (g) This exemption may not be combined with another exemption in this section
33.9on a project.
33.10    (e) (h) Property may not be divided to increase the amounts listed in paragraph (a).
33.11(i) If a local ordinance or similar local control is more restrictive than this
33.12subdivision, the local standard applies.

33.13    Sec. 44. Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to
33.14read:
33.15    Subd. 3. Replacement completion. Replacement of wetland values must be
33.16completed prior to or concurrent with the actual draining or filling of a wetland, or unless
33.17an irrevocable bank letter of credit or other security acceptable to the local government
33.18unit must be or the board is given to the local government unit or the board to guarantee
33.19the successful completion of the replacement. The board may establish, sponsor, or
33.20administer a wetland banking program, which may include provisions allowing monetary
33.21payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
33.22that occur in greater than 80 percent areas, and for public road projects. The board shall
33.23coordinate the establishment and operation of a wetland bank with the United States
33.24Army Corps of Engineers, the Natural Resources Conservation Service of the United
33.25States Department of Agriculture, and the commissioners of natural resources, agriculture,
33.26and the Pollution Control Agency.

33.27    Sec. 45. [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
33.28WATER ACT.
33.29Notwithstanding any other law to the contrary, the Board of Water and Soil
33.30Resources, in consultation with the commissioners of natural resources, agriculture,
33.31and the Pollution Control Agency, may adopt or amend rules establishing a program
33.32for regulating the discharge of dredged and fill material into the waters of the state as
33.33necessary to obtain approval from the United States Environmental Protection Agency to
33.34administer, in whole or part, the permitting and wetland banking programs under section
34.1404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
34.2may not be more restrictive than the program under section 404 or state law.

34.3    Sec. 46. Minnesota Statutes 2010, section 103G.245, subdivision 2, is amended to read:
34.4    Subd. 2. Exceptions. A public waters work permit is not required for:
34.5(1) work in altered natural watercourses that are part of drainage systems established
34.6under chapter 103D or 103E if the work in the waters is undertaken according to chapter
34.7103D or 103E; or
34.8(2) a drainage project for a drainage system established under chapter 103E that does
34.9not substantially affect public waters.; or
34.10(3) removal of debris, including logs that are at or near the water surface, dead
34.11trees and branches, and trash, that does not alter the original alignment, slope, or cross
34.12section of the waters.

34.13    Sec. 47. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
34.14    Subd. 3. Permit application. Application for a public waters work permit must
34.15be in writing to the commissioner on forms prescribed by the commissioner. The
34.16commissioner may issue a state general permit to a governmental subdivision or to the
34.17general public for classes of activities having minimal impact upon public waters under
34.18which more than one project may be conducted under a single permit.

34.19    Sec. 48. Minnesota Statutes 2010, section 103G.261, is amended to read:
34.20103G.261 WATER ALLOCATION PRIORITIES.
34.21(a) The commissioner shall adopt rules for allocation of waters based on the
34.22following priorities for the consumptive appropriation and use of water:
34.23(1) first priority, domestic water supply, excluding industrial and commercial uses of
34.24municipal water supply, and use for power production that meets the contingency planning
34.25provisions of section 103G.285, subdivision 6;
34.26(2) second priority, a use of water that involves consumption of less than 10,000
34.27gallons of water per day;
34.28(3) third priority, agricultural irrigation, and processing of agricultural products
34.29involving consumption in excess of 10,000 gallons per day;
34.30(4) fourth priority, power production in excess of the use provided for in the
34.31contingency plan developed under section 103G.285, subdivision 6;
35.1(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
35.2products, and power production, involving consumption in excess of 10,000 gallons per
35.3day; and
35.4(6) sixth priority, nonessential uses.
35.5(b) For the purposes of this section, "consumption" means water withdrawn from a
35.6supply that is lost for immediate further use in the area.
35.7(c) Appropriation and use of surface water from streams during periods of flood
35.8flows and high water levels must be encouraged subject to consideration of the purposes
35.9for use, quantities to be used, and the number of persons appropriating water.
35.10(d) Appropriation and use of surface water from lakes of less than 500 acres in
35.11surface area must be discouraged.
35.12(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
35.13(f) Diversions of water from the state for use in other states or regions of the United
35.14States or Canada must be discouraged.
35.15EFFECTIVE DATE.This section is effective the day following final enactment.

35.16    Sec. 49. Minnesota Statutes 2010, section 103G.265, is amended by adding a
35.17subdivision to read:
35.18    Subd. 2a. Legislative approval for diversion. Legislative approval required in
35.19subdivision 2, clause (2), shall be based on the following considerations:
35.20(1) the requested diversion of waters of the state is reasonable;
35.21(2) the diversion is not contrary to the conservation and use of waters of the state; and
35.22(3) the diversion is not otherwise detrimental to the public welfare.
35.23EFFECTIVE DATE.This section is effective the day following final enactment.

35.24    Sec. 50. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
35.25    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
35.26a person, partnership, or association, private or public corporation, county, municipality,
35.27or other political subdivision of the state may not appropriate or use waters of the state
35.28without a water use permit from the commissioner.
35.29(b) This section does not apply to use for a water supply by less than 25 persons for
35.30domestic purposes.
35.31(c) The commissioner may issue a state general permit for appropriation of water
35.32to a governmental subdivision or to the general public for classes of activities that have
35.33minimal impact upon waters of the state. The general permit may authorize more than
36.1one project and the appropriation or use of more than one source of water. Water use
36.2permit processing fees and reports required under subdivision 6 and section 103G.281,
36.3subdivision 3 , are required for each project or water source that is included under a
36.4general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
36.5annually.

36.6    Sec. 51. Minnesota Statutes 2010, section 103G.282, subdivision 1, is amended to read:
36.7    Subdivision 1. Monitoring equipment. The commissioner may require the
36.8installation and maintenance of monitoring equipment to evaluate water resource impacts
36.9from permitted appropriations and proposed projects that require a permit. Monitoring for
36.10water resources that supply more than one appropriator must be designed to minimize
36.11costs to individual appropriators. The cost of drilling additional monitoring wells must
36.12be shared proportionally by all permit holders that are directly affecting a particular
36.13water resources feature.

36.14    Sec. 52. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
36.15    Subd. 2. Permit application and notification fees. (a) A permit application fee
36.16to defray the costs of receiving, recording, and processing the application must be paid
36.17for a permit application authorized under this chapter and, except for a general permit
36.18application, for each request to amend or transfer an existing permit, and for a notification
36.19to request authorization to conduct a project under a general permit. Fees established
36.20under this subdivision, unless specified in paragraph (c), shall be compliant with section
36.2116A.1285 .
36.22    (b) Proposed projects that require water in excess of 100 million gallons per year
36.23must be assessed fees to recover the costs incurred to evaluate the project and the costs
36.24incurred for environmental review. Fees collected under this paragraph must be credited
36.25to an account in the natural resources fund and are appropriated to the commissioner.
36.26    (c) The fee to apply for a permit to appropriate water, in addition to any fee under
36.27paragraph (b);, and for a permit to construct or repair a dam that is subject to dam safety
36.28inspection; or a state general permit is $150. The application fee for a permit to work in
36.29public waters or to divert waters for mining must be at least $150, but not more than
36.30$1,000. The fee for a notification to request authorization to conduct a project under a
36.31general permit is $100.

36.32    Sec. 53. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
37.1    Subd. 4. Refund of fees prohibited. A permit application, general permit
37.2notification, or field inspection fee may not be refunded for any reason, even if the
37.3application or request is denied or withdrawn.

37.4    Sec. 54. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
37.5    Subd. 5. State and federal agencies exempt from fee. A permit application,
37.6general permit notification, or field inspection fee may not be imposed on any state agency,
37.7as defined in section 16B.01, or federal governmental agency applying for a permit.

37.8    Sec. 55. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
37.9read:
37.10    Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
37.11permit application, general permit notification, or field inspection fee charged to a town
37.12in connection with the construction or alteration of a town road, bridge, or culvert shall
37.13exceed $100.

37.14    Sec. 56. Minnesota Statutes 2010, section 103G.611, is amended by adding a
37.15subdivision to read:
37.16    Subd. 1a. General permits. The commissioner may issue a general permit to
37.17a governmental subdivision or to the general public to conduct one or more projects
37.18described in subdivision 1. A fee of $100 may be charged for each aeration system used
37.19under a general permit.

37.20    Sec. 57. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
37.21is amended to read:
37.22    Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
37.23permit to a governmental subdivision or to the general public to conduct one or more
37.24projects described in this subdivision. The commissioner may issue permits, with or
37.25without a fee, to:
37.26(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
37.27waters;
37.28(2) transplant aquatic plants into public waters;
37.29(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
37.30under prescribed conditions to protect the waters, desirable species of fish, vegetation,
37.31other forms of aquatic life, and the public.
38.1(b) Application for a permit and a notification to request authorization to conduct a
38.2project under a general permit must be accompanied by a permit fee, if required.
38.3(c) An aquatic plant management permit is valid for one growing season and expires
38.4on December 31 of the year it is issued unless the commissioner stipulates a different
38.5expiration date in rule or in the permit.
38.6(d) A general permit may authorize a project for more than one growing season.

38.7    Sec. 58. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
38.8is amended to read:
38.9    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
38.10control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
38.11section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
38.12days after it has been reported to the legislature. The fees shall not exceed $2,500 per
38.13permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
38.14the permit, and additional costs incurred after the application to inspect and monitor
38.15the activities authorized by the permit, and enforce aquatic plant management rules and
38.16permit requirements.
38.17    (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
38.18parcel of shoreline owned by an owner may be charged. This fee may not be charged for
38.19permits issued in connection with purple loosestrife control or lakewide Eurasian water
38.20milfoil control programs.
38.21    (c) A fee may not be charged to the state or a federal governmental agency applying
38.22for a permit.
38.23    (d) A fee for a permit for the control of rooted aquatic vegetation in a public
38.24water basin that is 20 acres or less in size shall be one-half of the fee established under
38.25paragraph (a).
38.26(e) The money received for the permits under this subdivision shall be deposited in
38.27the treasury and credited to the water recreation account.
38.28(f) The fee for processing a notification to request authorization for work under a
38.29general permit is $30, until the commissioner establishes a fee by rule as provided under
38.30this subdivision.

38.31    Sec. 59. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
38.32    Subd. 3. Report. In each even-numbered year Every five years, the Pollution
38.33Control Agency, in cooperation with other agencies participating in the monitoring of
38.34water resources, shall provide a draft report on the status of groundwater monitoring to
39.1the Environmental Quality Board for review and then to the house of representatives
39.2and senate committees with jurisdiction over the environment, natural resources, and
39.3agriculture as part of the report in section 103A.204.

39.4    Sec. 60. Minnesota Statutes 2010, section 115.06, subdivision 4, is amended to read:
39.5    Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
39.6citizen monitoring of ambient water quality for public waters by:
39.7(1) providing technical assistance to citizen and local group water quality monitoring
39.8efforts;
39.9(2) integrating citizen monitoring data into water quality assessments and agency
39.10programs, provided that the data adheres to agency quality assurance and quality control
39.11protocols; and
39.12(3) seeking public and private funds to:
39.13(i) collaboratively develop clear guidelines for water quality monitoring procedures
39.14and data management practices for specific data and information uses;
39.15(ii) distribute the guidelines to citizens, local governments, and other interested
39.16parties;
39.17(iii) improve and expand water quality monitoring activities carried out by the
39.18agency; and
39.19(iv) continue to improve electronic and Web access to water quality data and
39.20information about public waters that have been either fully or partially assessed.
39.21(b) This subdivision does not authorize a citizen to enter onto private property
39.22for any purpose.
39.23(c) By January 15 of each odd-numbered year, 2017, and every four years thereafter,
39.24the commissioner shall report to the senate and house of representatives committees with
39.25jurisdiction over environmental policy and finance on activities under this section.

39.26    Sec. 61. Minnesota Statutes 2010, section 115.42, is amended to read:
39.27115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
39.28It is the policy of the state to provide for the prevention, control, and abatement
39.29of pollution of all waters of the state, so far as feasible and practical, in furtherance
39.30of conservation of such waters and protection of the public health and in furtherance
39.31of the development of the economic welfare of the state. The agency shall prepare a
39.32long-range plan and program for the effectuation of said policy, and shall make a report of
39.33progress thereon to the legislature by November 15 of each even-numbered year, with
39.34recommendations for action in furtherance of such program during the ensuing biennium.
40.1It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from
40.2pollution by: (a) preventing any new pollution; and (b) abating pollution existing
40.3when sections 115.41 to 115.53 become effective, under a program consistent with the
40.4declaration of policy above stated.

40.5    Sec. 62. Minnesota Statutes 2010, section 115.55, subdivision 7, is amended to read:
40.6    Subd. 7. Local standards. (a) Existing systems. Counties may adopt by ordinance
40.7local standards that are less restrictive than the agency's rules in order to define an
40.8acceptable existing system. The local standards may include soil separation, soil
40.9classification, vegetation, system use, localized well placement and construction, localized
40.10density of systems and wells, extent of area to be covered by local standards, groundwater
40.11flow patterns, and existing natural or artificial drainage systems. The local standards
40.12and criteria shall be submitted to the commissioner for comment prior to adoption to
40.13demonstrate that, based on local circumstances in that jurisdiction, they adequately protect
40.14public health and the environment.
40.15(b) New or replacement systems. Counties, after providing documentation of
40.16conditions listed in this paragraph to the commissioner, may adopt by ordinance local
40.17standards that are less restrictive than the agency's rules for new system construction or
40.18replacement in areas of sustained and projected low population density where conditions
40.19render conformance to applicable requirements difficult or otherwise inappropriate.
40.20Documentation may include a map delineating the area of the county to be served by the
40.21local standards, a description of the hardship that would result from strict adherence to the
40.22agency's rules, and evidence of sustained and projected low population density. The local
40.23standards must protect human health and the environment and be based on considerations
40.24that may include, but need not be limited to, soil separation, soil classification, vegetation,
40.25system use, localized well placement and construction, localized density of systems
40.26and wells, extent of area to be covered by local standards, groundwater flow patterns,
40.27and existing natural or artificial drainage systems. The local standards must provide
40.28cost-effective and long-term treatment alternatives. The draft ordinance incorporating the
40.29local standards must be submitted with justification to the commissioner 30 days before
40.30adoption for review and comment.
40.31(c) New or replacement systems; local ordinances. A local unit of government
40.32may adopt and enforce ordinances or rules affecting new or replacement subsurface
40.33sewage treatment systems that are more restrictive than the agency's rules. A local unit
40.34of government may not adopt or enforce an ordinance or rule if its effect is to prevent or
41.1delay recording with the county recorder or registrar of titles of a deed or other instrument
41.2that is otherwise entitled to be recorded.
41.3(d) Local standards; conflict with state law. Local standards adopted under
41.4paragraph (a) or (b) must not conflict with any requirements under other state laws or rules
41.5or local ordinances, including, but not limited to, requirements for:
41.6(1) systems in shoreland areas, regulated under sections 103F.201 to 103F.221;
41.7(2) well construction and location, regulated under chapter 103I; and
41.8(3) systems used in connection with food, beverage, and lodging establishments,
41.9regulated under chapter 157.
41.10Alternative local standards for new or replacement residential systems with flow of
41.112,500 gallons per day or less may be applied to systems listed in clause (1), provided the
41.12alternative standards are no less stringent than provisions of Minnesota Rules, chapter
41.137080, that went into effect on April 3, 2006. In addition, alternative local standards for
41.14new or replacement systems with flow of 2,500 gallons per day or less may be applied to
41.15systems listed in clause (3), provided the alternative standards are no less stringent than
41.16provisions of Minnesota Rules, chapter 7080, that went into effect on April 3, 2006,
41.17except that the waste strength must meet the standards established in Minnesota Rules,
41.18part 7080.2150, subpart 3, item K. If additional treatment of waste is needed to meet this
41.19standard, the treatment must be in accordance with Minnesota Rules, part 7080.2150,
41.20subpart 3, item A. The local standards must include references to applicable requirements
41.21under other state laws or rules or local ordinances. Nothing in this paragraph prevents
41.22a local subsurface sewage treatment system ordinance from including provisions of the
41.23current rule as part of the alternative local standards.

41.24    Sec. 63. [115A.121] TOXICS AND POLLUTION PREVENTION EVALUATION;
41.25CONSOLIDATED REPORT.
41.26The commissioner shall prepare and adopt a report on pollution prevention activities
41.27required in chapters 115A, 115D, and 325E. The report must include activities required
41.28under section 115A.1320. The commissioner must submit the report to the senate and
41.29house of representatives committees having jurisdiction over environment and natural
41.30resources by December 31, 2013, and every four years thereafter.

41.31    Sec. 64. Minnesota Statutes 2011 Supplement, section 115A.1320, subdivision 1,
41.32is amended to read:
41.33    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
41.34115A.1310 to 115A.1330.
42.1    (b) The agency shall establish procedures for:
42.2    (1) receipt and maintenance of the registration statements and certifications filed
42.3with the agency under section 115A.1312; and
42.4    (2) making the statements and certifications easily available to manufacturers,
42.5retailers, and members of the public.
42.6    (c) The agency shall annually review the value of the following variables that are
42.7part of the formula used to calculate a manufacturer's annual registration fee under section
42.8115A.1314, subdivision 1 :
42.9    (1) the proportion of sales of video display devices sold to households that
42.10manufacturers are required to recycle;
42.11    (2) the estimated per-pound price of recycling covered electronic devices sold to
42.12households;
42.13    (3) the base registration fee; and
42.14    (4) the multiplier established for the weight of covered electronic devices collected
42.15in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
42.16these values must be changed in order to improve the efficiency or effectiveness of the
42.17activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit
42.18recommended changes and the reasons for them to the chairs of the senate and house of
42.19representatives committees with jurisdiction over solid waste policy.
42.20    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
42.21sales of video display devices sold to households by each manufacturer during the
42.22preceding program year, based on national sales data, and forward the estimates to the
42.23department.
42.24    (e) On or before December 1, 2010, and each year thereafter, The agency shall
42.25provide a report to the governor and the legislature on the implementation of sections
42.26115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
42.27of covered electronic devices recycled and a summary of information in the reports
42.28submitted by manufacturers and recyclers under section 115A.1316. The report must
42.29also discuss the various collection programs used by manufacturers to collect covered
42.30electronic devices; information regarding covered electronic devices that are being
42.31collected by persons other than registered manufacturers, collectors, and recyclers; and
42.32information about covered electronic devices, if any, being disposed of in landfills in
42.33this state. The report must include a description of enforcement actions under sections
42.34115A.1310 to 115A.1330. The agency may include in its report other information received
42.35by the agency regarding the implementation of sections 115A.1312 to 115A.1330. The
42.36report must be done in conjunction with the report required under section 115D.10.
43.1    (f) The agency shall promote public participation in the activities regulated under
43.2sections 115A.1312 to 115A.1330 through public education and outreach efforts.
43.3    (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
43.4provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
43.5provisions enforced by the department, as provided in subdivision 2. The agency may
43.6revoke a registration of a collector or recycler found to have violated sections 115A.1310
43.7to 115A.1330.
43.8    (h) The agency shall facilitate communication between counties, collection and
43.9recycling centers, and manufacturers to ensure that manufacturers are aware of video
43.10display devices available for recycling.
43.11    (i) The agency shall develop a form retailers must use to report information to
43.12manufacturers under section 115A.1318 and post it on the agency's Web site.
43.13    (j) The agency shall post on its Web site the contact information provided by each
43.14manufacturer under section 115A.1318, paragraph (e).

43.15    Sec. 65. Minnesota Statutes 2010, section 115A.15, subdivision 5, is amended to read:
43.16    Subd. 5. Reports. (a) By January 1 of each odd-numbered year, the commissioner
43.17of administration shall submit a report to the governor and to the senate and house of
43.18representatives committees having jurisdiction over environment and natural resources
43.19and environment and natural resources finance summarizing past activities and proposed
43.20goals of the program for the following biennium. The report shall include at least:
43.21(1) a summary list of product and commodity purchases that contain recycled
43.22materials;
43.23(2) the results of any performance tests conducted on recycled products and agencies'
43.24experience with recycled products used;
43.25(3) a list of all organizations participating in and using the cooperative purchasing
43.26program; and
43.27(4) a list of products and commodities purchased for their recyclability and of
43.28recycled products reviewed for purchase.
43.29(b) By July 1 of each even-numbered year, the commissioner of the Pollution
43.30Control Agency and the commissioner of commerce through the State Energy Office shall
43.31submit recommendations to the commissioner regarding the operation of the program.

43.32    Sec. 66. Minnesota Statutes 2010, section 115A.411, is amended to read:
43.33115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED
43.34REPORT.
44.1    Subdivision 1. Authority; purpose. The commissioner shall prepare and adopt a
44.2report on solid waste management policy and activities under this chapter. The report must
44.3be submitted by the commissioner to the senate and house of representatives committees
44.4having jurisdiction over environment and natural resources and environment and natural
44.5resources finance by December 1 of each odd-numbered year 31, 2015, and every four
44.6years thereafter and shall include reports required under sections 115A.55, subdivision 4,
44.7paragraph (b); 115A.551, subdivision 4; 115A.557, subdivision 4; 473.149, subdivision
44.86 ; 473.846; and 473.848, subdivision 4.
44.9    Subd. 2. Contents. (a) The report must may also include:
44.10(1) a summary of the current status of solid waste management, including the amount
44.11of solid waste generated and reduced, the manner in which it is collected, processed, and
44.12disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the
44.13facilities available or under development to manage the waste;
44.14(2) an evaluation of the extent and effectiveness of implementation and of section
44.15115A.02, including an assessment of progress in accomplishing state policies, goals, and
44.16objectives, including those listed in paragraph (b);
44.17(3) identification of issues requiring further research, study, and action, the
44.18appropriate scope of the research, study, or action, the state agency or political subdivision
44.19that should implement the research, study, or action, and a schedule for completion
44.20of the activity; and
44.21(4) recommendations for establishing or modifying state solid waste management
44.22policies, authorities, responsibilities, and programs.; and
44.23(b) (5) a report on progress made toward implementation of the objectives of
44.24Beginning in 1997, and every sixth year thereafter, the report shall be expanded to include
44.25the metropolitan area solid waste policy plan as required in section 473.149, subdivision
44.261 , and strategies for the agency to advance the goals of this chapter, to manage waste as a
44.27resource, to further reduce the need for expenditures on resource recovery and disposal
44.28facilities, and to further reduce long-term environmental and financial liabilities 6.
44.29(b) The expanded report must include strategies for:
44.30(1) achieving the maximum feasible reduction in waste generation;
44.31(2) encouraging manufacturers to design products that eliminate or reduce the
44.32adverse environmental impacts of resource extraction, manufacturing, use, and waste
44.33processing and disposal;
44.34(3) educating businesses, public entities, and other consumers about the need to
44.35consider the potential environmental and financial impacts of purchasing products that
45.1may create a liability or that may be expensive to recycle or manage as waste, due to the
45.2presence of toxic or hazardous components;
45.3(4) eliminating or reducing toxic or hazardous components in compost from
45.4municipal solid waste composting facilities, in ash from municipal solid waste incinerators,
45.5and in leachate and air emissions from municipal solid waste landfills, in order to reduce
45.6the potential liability of waste generators, facility owners and operators, and taxpayers;
45.7(5) encouraging the source separation of materials to the extent practicable, so that
45.8the materials are most appropriately managed and to ensure that resources that can be
45.9reused or recycled are not disposed of or destroyed; and
45.10(6) maximizing the efficiency of the waste management system by managing waste
45.11and recyclables close to the point of generation, taking into account the characteristics of
45.12the resources to be recovered from the waste and the type and capacity of local facilities.

45.13    Sec. 67. Minnesota Statutes 2010, section 115A.551, subdivision 2a, is amended to
45.14read:
45.15    Subd. 2a. Supplementary recycling goals. (a) By December 31, 1996, each county
45.16will have as a goal to recycle the following amounts:
45.17(1) for a county outside of the metropolitan area, 35 percent by weight of total
45.18solid waste generation;
45.19(2) for a metropolitan county, 50 percent by weight of total solid waste generation.
45.20Each county will develop and implement or require political subdivisions within the
45.21county to develop and implement programs, practices, or methods designed to meet its
45.22recycling goal. Nothing in this section or in any other law may be construed to prohibit a
45.23county from establishing a higher recycling goal.
45.24(b) For a county that, by January 1, 1995, is implementing a solid waste reduction
45.25program that is approved by the commissioner, the commissioner shall apply up to three
45.26percentage points toward achievement of the recycling goals in this subdivision. In
45.27addition, the commissioner shall apply demonstrated waste reduction that exceeds three
45.28percent reduction toward achievement of the goals in this subdivision.
45.29(c) No more than five percentage points may be applied toward achievement of the
45.30recycling goals in this subdivision for management of yard waste. The five percentage
45.31points must be applied as provided in this paragraph. The commissioner shall apply three
45.32percentage points for a county in which residents, by January 1, 1996, are provided with:
45.33(1) an ongoing comprehensive education program under which they are informed
45.34about how to manage yard waste and are notified of the prohibition in section 115A.931;
45.35and
46.1(2) the opportunity to drop off yard waste at specified sites or participate in curbside
46.2yard waste collection.
46.3The commissioner shall apply up to an additional two percentage points toward
46.4achievement of the recycling goals in this subdivision for additional activities approved
46.5by the commissioner that are likely to reduce the amount of yard waste generated and to
46.6increase the on-site composting of yard waste.

46.7    Sec. 68. Minnesota Statutes 2010, section 115A.551, subdivision 4, is amended to read:
46.8    Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each
46.9county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner
46.10shall report to the senate and house of representatives committees having jurisdiction over
46.11environment and natural resources and environment and natural resources finance on the
46.12progress of the counties by July 1 of each odd-numbered year as part of the report required
46.13under section 115A.411. If the commissioner finds that a county is not progressing toward
46.14the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to
46.15develop and implement solid waste management techniques designed to assist the county
46.16in meeting the goals, such as organized collection, curbside collection of source-separated
46.17materials, and volume-based pricing.
46.18The progress report shall be included in the report required under section 115A.411.

46.19    Sec. 69. Minnesota Statutes 2010, section 115A.557, subdivision 4, is amended to read:
46.20    Subd. 4. Report. By July 1 of each odd-numbered year, The commissioner
46.21shall report on how the money was spent and the resulting statewide improvements in
46.22solid waste management to the senate and house of representatives committees having
46.23jurisdiction over ways and means, finance, environment and natural resources, and
46.24environment and natural resources finance. The report shall be included in the report
46.25required under section 115A.411.

46.26    Sec. 70. Minnesota Statutes 2010, section 115A.904, is amended to read:
46.27115A.904 LAND DISPOSAL PROHIBITED.
46.28The disposal of waste tires in the land is prohibited after July 1, 1985, except for
46.29beneficial uses of tire-derived products designated by the commissioner. This does not
46.30prohibit the storage of unprocessed waste tires at a collection or processing facility.

46.31    Sec. 71. Minnesota Statutes 2010, section 115D.08, is amended to read:
46.32115D.08 PROGRESS REPORTS.
47.1    Subdivision 1. Requirement to submit progress report. (a) All persons required to
47.2prepare a toxic pollution prevention plan under section 115D.07 shall submit an annual
47.3progress report to the commissioner of public safety that may be drafted in a manner that
47.4does not disclose proprietary information. Progress reports are due on October July 1 of
47.5each year. The first progress reports are due in 1992.
47.6(b) At a minimum, each progress report must include:
47.7(1) a summary of each objective established in the plan, including the base year for
47.8any objective stated in numeric terms, and the schedule for meeting each objective;
47.9(2) a summary of progress made during the past year, if any, toward meeting each
47.10objective established in the plan including the quantity of each toxic pollutant eliminated
47.11or reduced;
47.12(3) a statement of the methods through which elimination or reduction has been
47.13achieved;
47.14(4) if necessary, an explanation of the reasons objectives were not achieved during
47.15the previous year, including identification of any technological, economic, or other
47.16impediments the facility faced in its efforts to achieve its objectives; and
47.17(5) a certification, signed and dated by the facility manager and an officer of the
47.18company under penalty of section 609.63, attesting that a plan meeting the requirements
47.19of section 115D.07 has been prepared and also attesting to the accuracy of the information
47.20in the progress report.
47.21    Subd. 2. Review of progress reports. (a) The commissioner of public safety shall
47.22review all progress reports to determine if they meet the requirements of subdivision 1.
47.23If the commissioner of public safety determines that a progress report does not meet the
47.24requirements, the commissioner of public safety shall notify the facility in writing and
47.25shall identify specific deficiencies and specify a reasonable time period of not less than 90
47.26days for the facility to modify the progress report.
47.27(b) The commissioner of public safety shall be given access to a facility plan
47.28required under section 115D.07 if the commissioner of public safety determines that
47.29the progress report for that facility does not meet the requirements of subdivision 1.
47.30Twenty-five or more persons living within ten miles of the facility may submit a petition
47.31to the commissioner of public safety that identifies specific deficiencies in the progress
47.32report and requests the commissioner of public safety to review the facility plan. Within
47.3330 days after receipt of the petition, the commissioner of public safety shall respond in
47.34writing. If the commissioner of public safety agrees that the progress report does not meet
47.35requirements of subdivision 1, the commissioner of public safety shall be given access
47.36to the facility plan.
48.1(c) After reviewing the plan and the progress report with any modifications
48.2submitted, the commissioner of public safety shall state in writing whether the progress
48.3report meets the requirements of subdivision 1. If the commissioner of public safety
48.4determines that a modified progress report still does not meet the requirements of
48.5subdivision 1, the commissioner of public safety shall schedule a public meeting. The
48.6meeting shall be held in the county where the facility is located. The meeting is not
48.7subject to the requirements of chapter 14.
48.8(d) The facility shall be given the opportunity to amend the progress report within a
48.9period of not less than 30 days after the public meeting.
48.10(e) If the commissioner of public safety determines that a modified progress report
48.11still does not meet the requirements of subdivision 1, action may be taken under section
48.12115.071 to obtain compliance with sections 115D.01 to 115D.12.

48.13    Sec. 72. Minnesota Statutes 2010, section 116.011, is amended to read:
48.14116.011 ANNUAL POLLUTION REPORT.
48.15A goal of the Pollution Control Agency is to reduce the amount of pollution that is
48.16emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency
48.17shall report the best estimate of the agency of the total volume of water and air pollution
48.18that was emitted in the state in the previous two calendar year years for which data are
48.19available. The agency shall report its findings for both water and air pollution:
48.20(1) in gross amounts, including the percentage increase or decrease over the previous
48.21previously reported two calendar year years; and
48.22(2) in a manner which will demonstrate the magnitude of the various sources of
48.23water and air pollution.

48.24    Sec. 73. Minnesota Statutes 2010, section 116.0714, is amended to read:
48.25116.0714 NEW OPEN AIR SWINE BASINS.
48.26    The commissioner of the Pollution Control Agency or a county board shall not
48.27approve any permits for the construction of new open air swine basins, except that existing
48.28facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
48.29treatment program for resolving pollution problems or to allow conversion of an existing
48.30basin of less than 1,000,000 gallons to a different animal type, provided all standards are
48.31met. This section expires June 30, 2012 2017.

48.32    Sec. 74. Minnesota Statutes 2010, section 116.10, is amended to read:
49.1116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
49.2Consistent with the policy announced herein and the purposes of Laws 1963, chapter
49.3874, the Pollution Control Agency shall, before November 15 of each even-numbered
49.4year, prepare a long-range plan and program for the effectuation of said policy, and shall
49.5make a report also of progress on abatement and control of air and land pollution during
49.6each biennium to the legislature with recommendations for action in furtherance of the air
49.7and land pollution and waste programs.

49.8    Sec. 75. Minnesota Statutes 2010, section 116C.833, subdivision 2, is amended to read:
49.9    Subd. 2. Biennial Quadrennial report. In addition to other duties specified in
49.10sections 116C.833 to 116C.843, the commissioner shall report by January 31, 1997 2013,
49.11and biennially every four years thereafter, to the governor and the legislature concerning
49.12the activities of the Interstate Commission. The report shall include any recommendations
49.13the commissioner deems necessary to assure the protection of the interest of the state in
49.14the proper functioning of the compact. The commissioner also shall report to the governor
49.15and the legislature any time there is a change in the status of a host state or other party
49.16states in the compact.

49.17    Sec. 76. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a, as
49.18amended by Laws 2012, chapter 150, article 2, section 2, is amended to read:
49.19    Subd. 2a. When prepared. Where there is potential for significant environmental
49.20effects resulting from any major governmental action, the action shall be preceded by a
49.21detailed environmental impact statement prepared by the responsible governmental unit.
49.22The environmental impact statement shall be an analytical rather than an encyclopedic
49.23document which describes the proposed action in detail, analyzes its significant
49.24environmental impacts, discusses appropriate alternatives to the proposed action and
49.25their impacts, and explores methods by which adverse environmental impacts of an
49.26action could be mitigated. The environmental impact statement shall also analyze those
49.27economic, employment and sociological effects that cannot be avoided should the action
49.28be implemented. To ensure its use in the decision-making process, the environmental
49.29impact statement shall be prepared as early as practical in the formulation of an action.
49.30    (a) The board shall by rule establish categories of actions for which environmental
49.31impact statements and for which environmental assessment worksheets shall be prepared
49.32as well as categories of actions for which no environmental review is required under this
49.33section. A mandatory environmental assessment worksheet shall not be required for the
49.34expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
50.1(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
50.2biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
50.3of the expanded or converted facility to produce alcohol fuel, but must be required if
50.4the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
50.5of actions for which environmental assessment worksheets must be prepared. The
50.6responsible governmental unit for an ethanol plant or biobutanol facility project for which
50.7an environmental assessment worksheet is prepared shall be the state agency with the
50.8greatest responsibility for supervising or approving the project as a whole.
50.9A mandatory environmental impact statement shall not be required for a facility
50.10or plant located outside the seven-county metropolitan area that produces less than
50.11125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
50.12or plant is: an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
50.13(b); a biobutanol facility, as defined in section 41A.105, subdivision 1a, clause (1); or a
50.14cellulosic biofuel facility, as defined in section 41A.10, subdivision 1, paragraph (d).
50.15    (b) The responsible governmental unit shall promptly publish notice of the
50.16completion of an environmental assessment worksheet in a by publishing the notice in
50.17at least one newspaper of general circulation in the geographic area where the project is
50.18proposed, by posting the notice on a Web site that has been designated as the official
50.19publication site for publication of proceedings, public notices, and summaries of a political
50.20subdivision in which the project is proposed or in any other manner to be determined by
50.21the board and shall provide copies of the environmental assessment worksheet to the board
50.22and its member agencies. Comments on the need for an environmental impact statement
50.23may be submitted to the responsible governmental unit during a 30-day period following
50.24publication of the notice that an environmental assessment worksheet has been completed.
50.25The responsible governmental unit's decision on the need for an environmental impact
50.26statement shall be based on the environmental assessment worksheet and the comments
50.27received during the comment period, and shall be made within 15 days after the close of
50.28the comment period. The board's chair may extend the 15-day period by not more than 15
50.29additional days upon the request of the responsible governmental unit.
50.30    (c) An environmental assessment worksheet shall also be prepared for a proposed
50.31action whenever material evidence accompanying a petition by not less than 100
50.32individuals who reside or own property in the state, submitted before the proposed
50.33project has received final approval by the appropriate governmental units, demonstrates
50.34that, because of the nature or location of a proposed action, there may be potential for
50.35significant environmental effects. Petitions requesting the preparation of an environmental
50.36assessment worksheet shall be submitted to the board. The chair of the board shall
51.1determine the appropriate responsible governmental unit and forward the petition to it.
51.2A decision on the need for an environmental assessment worksheet shall be made by
51.3the responsible governmental unit within 15 days after the petition is received by the
51.4responsible governmental unit. The board's chair may extend the 15-day period by not
51.5more than 15 additional days upon request of the responsible governmental unit.
51.6    (d) Except in an environmentally sensitive location where Minnesota Rules, part
51.74410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
51.8review under this chapter and rules of the board, if:
51.9    (1) the proposed action is:
51.10    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
51.11    (ii) an expansion of an existing animal feedlot facility with a total cumulative
51.12capacity of less than 1,000 animal units;
51.13    (2) the application for the animal feedlot facility includes a written commitment by
51.14the proposer to design, construct, and operate the facility in full compliance with Pollution
51.15Control Agency feedlot rules; and
51.16    (3) the county board holds a public meeting for citizen input at least ten business
51.17days prior to the Pollution Control Agency or county issuing a feedlot permit for the
51.18animal feedlot facility unless another public meeting for citizen input has been held with
51.19regard to the feedlot facility to be permitted. The exemption in this paragraph is in
51.20addition to other exemptions provided under other law and rules of the board.
51.21    (e) The board may, prior to final approval of a proposed project, require preparation
51.22of an environmental assessment worksheet by a responsible governmental unit selected
51.23by the board for any action where environmental review under this section has not been
51.24specifically provided for by rule or otherwise initiated.
51.25    (f) An early and open process shall be utilized to limit the scope of the environmental
51.26impact statement to a discussion of those impacts, which, because of the nature or location
51.27of the project, have the potential for significant environmental effects. The same process
51.28shall be utilized to determine the form, content and level of detail of the statement as well
51.29as the alternatives which are appropriate for consideration in the statement. In addition,
51.30the permits which will be required for the proposed action shall be identified during the
51.31scoping process. Further, the process shall identify those permits for which information
51.32will be developed concurrently with the environmental impact statement. The board
51.33shall provide in its rules for the expeditious completion of the scoping process. The
51.34determinations reached in the process shall be incorporated into the order requiring the
51.35preparation of an environmental impact statement.
52.1    (g) The responsible governmental unit shall, to the extent practicable, avoid
52.2duplication and ensure coordination between state and federal environmental review
52.3and between environmental review and environmental permitting. Whenever practical,
52.4information needed by a governmental unit for making final decisions on permits
52.5or other actions required for a proposed project shall be developed in conjunction
52.6with the preparation of an environmental impact statement. When an environmental
52.7impact statement is prepared for a project requiring multiple permits for which two or
52.8more agencies' decision processes include either mandatory or discretionary hearings
52.9before a hearing officer prior to the agencies' decision on the permit, the agencies
52.10may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
52.11consolidated hearing process if requested by the proposer. All agencies having jurisdiction
52.12over a permit that is included in the consolidated hearing shall participate. The responsible
52.13governmental unit shall establish appropriate procedures for the consolidated hearing
52.14process, including procedures to ensure that the consolidated hearing process is consistent
52.15with the applicable requirements for each permit regarding the rights and duties of parties
52.16to the hearing, and shall utilize the earliest applicable hearing procedure to initiate the
52.17hearing. The procedures of section 116C.28, subdivision 2, apply to the consolidated
52.18hearing.
52.19    (h) An environmental impact statement shall be prepared and its adequacy
52.20determined within 280 days after notice of its preparation unless the time is extended by
52.21consent of the parties or by the governor for good cause. The responsible governmental
52.22unit shall determine the adequacy of an environmental impact statement, unless within 60
52.23days after notice is published that an environmental impact statement will be prepared,
52.24the board chooses to determine the adequacy of an environmental impact statement. If an
52.25environmental impact statement is found to be inadequate, the responsible governmental
52.26unit shall have 60 days to prepare an adequate environmental impact statement.
52.27    (i) The proposer of a specific action may include in the information submitted to the
52.28responsible governmental unit a preliminary draft environmental impact statement under
52.29this section on that action for review, modification, and determination of completeness and
52.30adequacy by the responsible governmental unit. A preliminary draft environmental impact
52.31statement prepared by the project proposer and submitted to the responsible governmental
52.32unit shall identify or include as an appendix all studies and other sources of information
52.33used to substantiate the analysis contained in the preliminary draft environmental impact
52.34statement. The responsible governmental unit shall require additional studies, if needed,
52.35and obtain from the project proposer all additional studies and information necessary for
53.1the responsible governmental unit to perform its responsibility to review, modify, and
53.2determine the completeness and adequacy of the environmental impact statement.

53.3    Sec. 77. Minnesota Statutes 2010, section 116D.04, is amended by adding a
53.4subdivision to read:
53.5    Subd. 15. Duplicative permit information; environmental assessment
53.6worksheets. To the extent practicable and so as not to conflict with other requirements of
53.7this section, the board shall not require, unless necessary, information in an environmental
53.8assessment worksheet for a proposed action when the information is also required as part
53.9of any necessary permitting process for the proposed action.

53.10    Sec. 78. Minnesota Statutes 2010, section 116J.035, subdivision 8, as added by Laws
53.112012, chapter 150, article 1, section 8, is amended to read:
53.12    Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
53.13economic development shall, through the multiagency collaboration called "Minnesota
53.14Business First Stop," ensure the coordination, implementation, and administration of
53.15state permits, including:
53.16(1) establishing a mechanism in state government that will coordinate administrative
53.17decision-making procedures and related quasijudicial and judicial review pertaining to
53.18permits related to the state's air, land, and water resources;
53.19(2) providing coordination and understanding between federal, state, and local
53.20governmental units in the administration of the various programs relating to air, water,
53.21and land resources;
53.22(3) identifying all existing state permits and other approvals, compliance schedules,
53.23or other programs that pertain to the use of natural resources and protection of the
53.24environment; and
53.25(4) recommending legislative or administrative modifications to existing permit
53.26programs to increase their efficiency and utility.
53.27(b) A person proposing a project may apply to Minnesota Business First Stop for
53.28assistance in obtaining necessary state permits and other approvals. Upon request, the
53.29commissioner shall to the extent practicable:
53.30(1) provide a list of all federal, state, and local permits and other required approvals
53.31for the project;
53.32(2) provide a plan that will coordinate federal, state, and local administrative
53.33decision-making practices, including monitoring, analysis and reporting, public comments
53.34and hearings, and issuances of permits and approvals;
54.1(3) provide a timeline for the issuance of all federal, state, and local permits and
54.2other approvals required for the project;
54.3(4) coordinate the execution of any memorandum of understanding between the
54.4person proposing a project and any federal, state, or local agency;
54.5(5) coordinate all federal, state, or local public comment periods and hearings; and
54.6(6) provide other assistance requested to facilitate final approval and issuance of all
54.7federal, state, and local permits and other approvals required for the project.
54.8(c) Notwithstanding section 16A.1283, as necessary, the commissioner may negotiate
54.9a schedule to assess the project proposer for reasonable costs that any state agency incurs
54.10in coordinating the implementation and administration of state permits, and the proposer
54.11shall pay the assessed costs to the commissioner. Money received by the environmental
54.12permits coordinator commissioner must be credited to an account in the special revenue
54.13fund and is appropriated to the commissioner to cover the assessed costs incurred.
54.14(d) The coordination of implementation and administration of state permits is not
54.15governmental action under section 116D.04.

54.16    Sec. 79. Minnesota Statutes 2010, section 216C.055, is amended to read:
54.17216C.055 KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN
54.18PRODUCING THERMAL ENERGY.
54.19The annual biennial legislative proposals required to be submitted by the
54.20commissioners of commerce and the Pollution Control Agency under section 216H.07,
54.21subdivision 4 3, must include proposals regarding the use of solar energy and the
54.22combustion of grasses, agricultural wastes, trees, and other vegetation to produce thermal
54.23energy for heating commercial, industrial, and residential buildings and for industrial
54.24processes if the commissioners determine that such policies are appropriate to achieve the
54.25state's greenhouse gas emissions-reduction goals. No legal claim against any person is
54.26allowed under this section. This section does not apply to the combustion of municipal
54.27solid waste or refuse-derived fuel to produce thermal energy. For purposes of this section,
54.28removal of woody biomass from publicly owned forests must be consistent with the
54.29principles of sustainable forest management.

54.30    Sec. 80. Minnesota Statutes 2010, section 216H.07, subdivision 3, is amended to read:
54.31    Subd. 3. Biennial reduction progress report. (a) By January 15 of each
54.32odd-numbered year, the commissioners of commerce and the Pollution Control Agency
54.33shall jointly report to the chairs and ranking minority members of the legislative
54.34committees with primary policy jurisdiction over energy and environmental issues the
55.1most recent and best available evidence identifying the level of reductions already
55.2achieved and the level necessary to achieve the reductions timetable in section 216H.02.
55.3(b) The report must be in easily understood nontechnical terms.

55.4    Sec. 81. Minnesota Statutes 2010, section 473.149, subdivision 1, is amended to read:
55.5    Subdivision 1. Policy plan; general requirements. The commissioner of the
55.6Pollution Control Agency may shall revise the metropolitan long range policy plan for
55.7solid waste management adopted and revised by the Metropolitan Council prior to the
55.8transfer of powers and duties in Laws 1994, chapter 639, article 5, section 2 in 2011 by
55.9December 31, 2016, and every sixth year thereafter. The plan shall be followed in the
55.10metropolitan area. Until the commissioner revises it, the plan adopted and revised by
55.11the council on September 26, 1991, remains in effect. The plan shall address the state
55.12policies and purposes expressed in section 115A.02. In revising the plan the commissioner
55.13shall follow the procedures in subdivision 3. The plan shall include goals and policies
55.14for solid waste management, including recycling consistent with section 115A.551, and
55.15household hazardous waste management consistent with section 115A.96, subdivision 6,
55.16in the metropolitan area.
55.17The plan shall include criteria and standards for solid waste facilities and solid
55.18waste facility sites respecting the following matters: general location; capacity; operation;
55.19processing techniques; environmental impact; effect on existing, planned, or proposed
55.20collection services and waste facilities; and economic viability. The plan shall, to the
55.21extent practicable and consistent with the achievement of other public policies and
55.22purposes, encourage ownership and operation of solid waste facilities by private industry.
55.23For solid waste facilities owned or operated by public agencies or supported primarily by
55.24public funds or obligations issued by a public agency, the plan shall include additional
55.25criteria and standards to protect comparable private and public facilities already existing
55.26in the area from displacement unless the displacement is required in order to achieve the
55.27waste management objectives identified in the plan. In revising the plan, the commissioner
55.28shall consider the orderly and economic development, public and private, of the
55.29metropolitan area; the preservation and best and most economical use of land and water
55.30resources in the metropolitan area; the protection and enhancement of environmental
55.31quality; the conservation and reuse of resources and energy; the preservation and
55.32promotion of conditions conducive to efficient, competitive, and adaptable systems
55.33of waste management; and the orderly resolution of questions concerning changes in
55.34systems of waste management. Criteria and standards for solid waste facilities shall be
55.35consistent with rules adopted by the Pollution Control Agency pursuant to chapter 116 and
56.1shall be at least as stringent as the guidelines, regulations, and standards of the federal
56.2Environmental Protection Agency.

56.3    Sec. 82. Minnesota Statutes 2010, section 473.149, subdivision 6, is amended to read:
56.4    Subd. 6. Report to legislature. The commissioner shall report on abatement to
56.5the senate and house of representatives committees having jurisdiction over ways and
56.6means, finance, environment and natural resources committees of the senate and house
56.7of representatives, the Finance Division of the senate Committee on Environment and
56.8Natural Resources, and the house of representatives Committee on Environment and
56.9Natural Resources Finance by July 1 of each odd-numbered year policy, and environment
56.10and natural resources finance. The report must include an assessment of whether the
56.11objectives of the metropolitan abatement plan have been met and whether each county
56.12and each class of city within each county have achieved the objectives set for it in the
56.13plan. The report must recommend any legislation that may be required to implement the
56.14plan. The report shall be included in the report required by section 115A.411. If in any
56.15year the commissioner reports that the objectives of the abatement plan have not been
56.16met, the commissioner shall evaluate and report on the need to reassign governmental
56.17responsibilities among cities, counties, and metropolitan agencies to assure implementation
56.18and achievement of the metropolitan and local abatement plans and objectives.
56.19The report must include a report on the operating, capital, and debt service costs of
56.20solid waste facilities in the metropolitan area; changes in the costs; the methods used to
56.21pay the costs; and the resultant allocation of costs among users of the facilities and the
56.22general public. The facility costs report must present the cost and financing analysis in the
56.23aggregate and broken down by county and by major facility.

56.24    Sec. 83. Minnesota Statutes 2010, section 473.846, is amended to read:
56.25473.846 REPORT REPORTS TO LEGISLATURE.
56.26The agency shall submit to the senate Finance Committee, the and house of
56.27representatives Ways and Means Committee, and the Environment and Natural Resources
56.28Committees of the senate and house of representatives, the Finance Division of the senate
56.29Committee on Environment and Natural Resources, and the house of representatives
56.30Committee on committees having jurisdiction over environment and natural resources
56.31finance separate reports describing the activities for which money for landfill abatement
56.32has been spent under sections 473.844 and 473.845. The agency shall report by November
56.331 of each year on expenditures during its previous fiscal year. The commissioner shall
56.34report on expenditures during the previous calendar year and must incorporate its report
57.1The report for section 473.844 expenditures shall be included in the report required by
57.2section 115A.411, due July 1 of each odd-numbered year. the commissioner shall make
57.3and shall include recommendations to the Environment and Natural Resources Committees
57.4of the senate and house of representatives, the Finance Division of the senate Committee
57.5on Environment and Natural Resources, and the house of representatives Committee on
57.6Environment and Natural Resources Finance on the future management and use of the
57.7metropolitan landfill abatement account. By December 31 of each year, the commissioner
57.8shall submit the report for section 473.845 on contingency action trust fund activities.

57.9    Sec. 84. Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended by
57.10Laws 2009, chapter 37, article 1, section 60, is amended to read:

57.11 57.12

Subd. 2.Land and Mineral Resources Management

11,747,000

11,272,000

57.13	Appropriations by Fund
57.14	General	6,633,000	6,230,000
57.15	Natural Resources	3,551,000	3,447,000
57.16	Game and Fish	1,363,000	1,395,000
57.17	Permanent School	200,000	200,000

57.18$475,000 the first year and $475,000 the
57.19second year are for iron ore cooperative
57.20research. Of this amount, $200,000 each year
57.21is from the minerals management account in
57.22the natural resources fund and $275,000 each
57.23year is from the general fund. $237,500 the
57.24first year and $237,500 the second year are
57.25available only as matched by $1 of nonstate
57.26money for each $1 of state money. The
57.27match may be cash or in-kind.
57.28$86,000 the first year and $86,000 the
57.29second year are for minerals cooperative
57.30environmental research, of which $43,000
57.31the first year and $43,000 the second year are
57.32available only as matched by $1 of nonstate
57.33money for each $1 of state money. The
57.34match may be cash or in-kind.
58.1$2,800,000 the first year and $2,696,000
58.2the second year are from the minerals
58.3management account in the natural resources
58.4fund for use as provided in Minnesota
58.5Statutes, section 93.2236, paragraph (c).
58.6$200,000 the first year and $200,000 the
58.7second year are from the state forest suspense
58.8account in the permanent school fund to
58.9accelerate land exchanges, land sales, and
58.10commercial leasing of school trust lands and
58.11to identify, evaluate, and lease construction
58.12aggregate located on school trust lands. This
58.13appropriation is to be used for securing
58.14maximum long-term economic return
58.15from the school trust lands consistent with
58.16fiduciary responsibilities and sound natural
58.17resources conservation and management
58.18principles.
58.19$15,000 the first year is for a report
58.20by February 1, 2008, to the house and
58.21senate committees with jurisdiction over
58.22environment and natural resources on
58.23proposed minimum legal and conservation
58.24standards that could be applied to
58.25conservation easements acquired with public
58.26money.
58.27$1,201,000 the first year and $701,000 the
58.28second year are to support the land records
58.29management system. Of this amount,
58.30$326,000 the first year and $326,000 the
58.31second year are from the game and fish fund
58.32and $375,000 the first year and $375,000 the
58.33second year are from the natural resources
58.34fund. The unexpended balances are available
58.35until June 30, 2011. The commissioner
59.1must report to the legislative chairs on
59.2environmental finance on the outcomes of
59.3the land records management support.
59.4$500,000 the first year and $500,000 the
59.5second year are for land asset management.
59.6This is a onetime appropriation.

59.7    Sec. 85. Laws 2010, chapter 362, section 2, subdivision 7, is amended to read:

59.8

Subd. 7.Renewable Energy

-0-

3,364,000

59.9

(a) Algae for Fuels Pilot Project

59.10$900,000 is from the trust fund to the Board
59.11of Regents of the University of Minnesota
59.12to demonstrate an innovative microalgae
59.13production system utilizing and treating
59.14sanitary wastewater to produce biofuels
59.15from algae. This appropriation is available
59.16until June 30, 2013, by which time the
59.17project must be completed and final products
59.18delivered.

59.19

(b) Sustainable Biofuels

59.20$221,000 is from the trust fund to the Board
59.21of Regents of the University of Minnesota
59.22to determine how fertilization and irrigation
59.23impact yields of grass monoculture and high
59.24diversity prairie biofuel crops, their storage
59.25of soil carbon, and susceptibility to invasion
59.26by exotic species. This appropriation is
59.27available until June 30, 2013, by which time
59.28the project must be completed and final
59.29products delivered.

59.30 59.31

(c) Linking Habitat Restoration to Bioenergy and Local Economies

59.32$600,000 is from the trust fund to the
59.33commissioner of natural resources to restore
60.1high quality native habitats and expand
60.2market opportunities for utilizing postharvest
60.3restoration as a using the woody by-product
60.4material for bioenergy source. or other
60.5products. The commissioner may provide
60.6grants or otherwise transfer some or all
60.7of this money to other public or private
60.8entities to accomplish these purposes. The
60.9commissioner may sell the material from
60.10public or private property to any viable
60.11market, provided that all of the proceeds
60.12are spent to further the purposes of this
60.13appropriation. This appropriation is available
60.14until June 30, 2013, by which time the
60.15project must be completed and final products
60.16delivered.

60.17 60.18 60.19

(d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs)

60.20$1,500,000 is from the trust fund to
60.21the commissioner of natural resources
60.22for agreements as follows: $206,000
60.23with Audubon Center of the North
60.24Woods; $212,000 with Deep Portage
60.25Learning Center; $350,000 with Eagle
60.26Bluff Environmental Learning Center;
60.27$258,000 with Laurentian Environmental
60.28Learning Center; $240,000 with Long
60.29Lake Conservation Center; and $234,000
60.30with Wolf Ridge Environmental Learning
60.31Center to implement renewable energy,
60.32energy efficiency, and energy conservation
60.33practices at the facilities. Efforts will include
60.34dissemination of related energy education.

61.1    Sec. 86. Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision 3,
61.2is amended to read:
61.3    Subd. 3. Administration. The commissioner of natural resources shall administer
61.4the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
61.5existing rules and regulations for state recreation areas, except the following is permitted:
61.6hunting, fishing, and trapping of protected species during designated seasons and dogs
61.7under control for hunting purposes during regular hunting seasons. La Salle Lake State
61.8Recreation Area shall be administered as a satellite unit of Itasca State Park.

61.9    Sec. 87. LEGISLATIVE REPORT ON STATE PARKS, RECREATION AREAS,
61.10TRAILS, AND STATE FOREST DAY USE AREAS.
61.11(a) By January 15, 2013, the commissioner of natural resources shall prepare and
61.12submit a report to the chairs and ranking minority members of the house of representatives
61.13and senate legislative committees with jurisdiction over environment and natural resources
61.14policy and finance concerning the long-term funding, use, expansion, and administration
61.15of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas.
61.16(b) At a minimum, the report shall include:
61.17(1) long-term funding options to reduce reliance on general fund appropriations for
61.18maintaining and operating state parks, recreation areas, trails, and forest day use areas;
61.19(2) criteria and considerations for optimizing the system of state parks, recreation
61.20areas, trails, and state forest day use areas to ensure investment focuses on Minnesota's
61.21most important natural resources and the highest quality recreational opportunities; and
61.22(3) recommendations for innovative programs and initiatives to increase outdoor
61.23recreation participation among Minnesotans and visitors to the state.
61.24EFFECTIVE DATE.This section is effective the day following final enactment.

61.25    Sec. 88. ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
61.26APPROPRIATION EXTENSION.
61.27(a) The availability of the appropriation is extended to June 30, 2013, for:
61.28(1) Laws 2009, chapter 143, section 2, subdivision 5, paragraph (c), cooperative
61.29habitat research in deep lakes; and
61.30(2) Laws 2009, chapter 143, section 2, subdivision 6, paragraph (d), controlling the
61.31movement of invasive fish species.
61.32(b) The availability of the appropriation is extended to June 30, 2014, for Laws
61.332009, chapter 143, section 2, subdivision 4, paragraph (c), metropolitan regional park
61.34system acquisition.
62.1(c) The availability of the appropriation is extended to June 30, 2015, for Laws
62.22011, First Special Session chapter 2, article 3, section 2, subdivision 9, paragraph (a),
62.3Minnesota Conservation Apprenticeship Academy.

62.4    Sec. 89. BENEFICIAL USE OF WASTEWATER; GRANTS IN FISCAL YEARS
62.52010 AND 2011.
62.6Notwithstanding Minnesota Statutes, section 116.195, grants issued during fiscal
62.7years 2010 and 2011 may be amended to replace surface water with wastewater effluent
62.8that increases the reuse of wastewater effluent and reduces the use of surface water.

62.9    Sec. 90. RULEMAKING; NOTICE OF ENVIRONMENTAL ASSESSMENT
62.10WORKSHEET.
62.11The Environmental Quality Board may use the good cause exemption under
62.12Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules
62.13to conform with the amendments to Minnesota Statutes, section 116D.04, subdivision
62.142a, contained in this act. Minnesota Statutes, section 14.386, does not apply except as
62.15provided under Minnesota Statutes, section 14.388.

62.16    Sec. 91. 2009 LOTTERY-IN-LIEU APPROPRIATION EXTENSION.
62.17The appropriation in Laws 2009, chapter 37, article 1, section 4, subdivision 5, from
62.18the natural resources fund from the revenue deposited under Minnesota Statutes, section
62.19297A.94, paragraph (e), clause (4), for local grants is available until June 30, 2013.

62.20    Sec. 92. FOREST RESOURCES COUNCIL STUDY.
62.21By January 15, 2013, the Forest Resources Council shall submit a report to the
62.22environment and natural resources policy and finance committees and the tax committees
62.23of the house of representatives and senate on the status of private forest land management
62.24and the policy of the state to promote healthy and robust forests. The study shall evaluate
62.25existing and potential financial incentives for private forest land management and include
62.26recommendations for state policies that will ensure that private forest lands are sustainable
62.27and continue to contribute to Minnesota's economic vitality as well as provide access to
62.28the public to hunting and fishing resources.

62.29    Sec. 93. METROPOLITAN WASTE DISPOSAL RESTRICTIONS REPORT.
62.30By August 1, 2012, the commissioner of the Pollution Control Agency shall prepare
62.31a report on how compliance with Minnesota Statutes, section 473.848, may be achieved.
63.1The commissioner must allow interested parties at least 30 days to review and comment
63.2on the report. Written comments received from interested parties and the commissioner's
63.3responses to the comments must be included in the report. By October 1, 2012, the report,
63.4comments, and responses shall be submitted to the chairs and ranking minority members
63.5of the senate and house of representatives committees with jurisdiction over environmental
63.6policy and finance. The agency may not require compliance with Minnesota Statutes,
63.7section 473.848, before February 15, 2013.

63.8    Sec. 94. PROTECT AQUATIC HABITAT FROM ASIAN CARP.
63.9Prior to entering into a contract pursuant to the appropriation in S.F. No. 2493,
63.10article 1, section 2, subdivision 5, paragraph (h), if enacted, the commissioner shall consult
63.11with the chairs and ranking minority members of the legislative committees and divisions
63.12with jurisdiction over natural resources and energy.

63.13    Sec. 95. MINNESOTA POLLUTION CONTROL AGENCY CITIZEN'S BOARD
63.14REVIEW.
63.15The evaluation of environmental governance under Executive Order 11-32 must
63.16include a review of the Minnesota Pollution Control Agency Citizen's Board's role in
63.17reviewing permits, environmental assessment worksheets, and environmental impact
63.18statements. The evaluation should include, but is not limited to, an examination of the
63.19benefits and drawbacks of the board versus the agency's commissioner making final
63.20decisions on all or various subsets of permits and environmental reviews, along with how
63.21these matters are referred to the board versus the commissioner. Any recommendations
63.22must be reported to the chairs and ranking minority members of the senate and house of
63.23representatives committees having jurisdiction over the environment and natural resources.

63.24    Sec. 96. RULEMAKING.
63.25The commissioner of the Pollution Control Agency must amend Minnesota Rules
63.26to conform to section 62. The commissioner may use the good cause exemption under
63.27Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
63.28section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.

63.29    Sec. 97. CONTINGENT AMENDMENT AND REPEAL; 2012 LAW.
63.30If H.F. 2171 or its equivalent is not enacted in 2012 and S.F. 2493 or its equivalent is
63.31enacted in 2012, then S.F. 2493, article 4, section 2, or its equivalent is repealed and the
63.32appropriation in article 4, section 3, of that act is reduced by $1,000,000.

64.1    Sec. 98. REPEALER.
64.2Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5;
64.389.06; 90.042; 97A.4742, subdivision 4; 103G.705; 115.447; 115A.07, subdivision 2;
64.4115A.965, subdivision 7; and 216H.07, subdivision 4, Laws 2011, chapter 107, section
64.5105, and Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3;
64.67021.0050, subparts 1, 2, and 3; and 7041.0500, subparts 5, 6, and 7, are repealed.
64.7(b) Minnesota Statutes 2011 Supplement, sections 86B.508; and 86B.811,
64.8subdivision 1a, are repealed."
64.9Delete the title and insert:

64.10"A bill for an act

64.11relating to natural resources; providing for certain advisory inspections;
64.12providing for apprentice riders; modifying aquatic invasive species provisions;
64.13modifying local government trail authority; modifying enforcement provisions;
64.14providing for public grazing program; modifying prior appropriations; modifying
64.15and eliminating certain reporting, plan, and meeting requirements; eliminating
64.16loan program; modifying La Salle Lake State Recreation Area administration;
64.17modifying Water Law; modifying disposition of certain receipts; modifying local
64.18standard provisions for subsurface sewage treatment systems; modifying waste
64.19management provisions; modifying certain environmental review requirements;
64.20modifying certain environmental law; extending prohibition on new open air
64.21swine basins; authorizing and clarifying the use of general permits; modifying
64.22state park permit provisions; requiring reports and studies; providing civil
64.23penalties; authorizing rulemaking; appropriating money;amending Minnesota
64.24Statutes 2010, sections 84.0895, subdivision 7; 84.67; 84.91, subdivision 1;
64.2584D.05, subdivision 1; 85.018, subdivision 2; 85.052, subdivision 3; 85.053,
64.26subdivision 7; 85.20, subdivision 1; 85.46, subdivision 1; 86B.331, subdivision 1;
64.2793.2236; 97A.401, subdivision 1; 97A.421, subdivision 4a; 103A.43; 103B.101,
64.28subdivisions 2, 7, 10, by adding subdivisions; 103B.311, subdivision 4;
64.29103B.3363, by adding a subdivision; 103B.3369; 103B.355; 103F.211, by adding
64.30a subdivision; 103F.321, by adding a subdivision; 103G.2241, subdivisions 1, 9;
64.31103G.2242, subdivision 3; 103G.245, subdivisions 2, 3; 103G.261; 103G.265,
64.32by adding a subdivision; 103G.271, subdivision 1; 103G.282, subdivision
64.331; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision;
64.34103H.175, subdivision 3; 115.06, subdivision 4; 115.42; 115.55, subdivision 7;
64.35115A.15, subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557,
64.36subdivision 4; 115A.904; 115D.08; 116.011; 116.0714; 116.10; 116C.833,
64.37subdivision 2; 116D.04, by adding a subdivision; 116J.035, subdivision 8, as
64.38added; 216C.055; 216H.07, subdivision 3; 473.149, subdivisions 1, 6; 473.846;
64.39Minnesota Statutes 2011 Supplement, sections 84D.01, subdivision 15a; 84D.03,
64.40subdivision 3; 84D.09, subdivision 2; 84D.10, subdivisions 1, 4; 84D.105,
64.41subdivision 2; 84D.108, subdivision 1; 84D.13, subdivision 5; 97C.341;
64.42103G.222, subdivision 1; 103G.615, subdivisions 1, 2; 115A.1320, subdivision
64.431; 116D.04, subdivision 2a, as amended; Laws 2007, chapter 57, article 1, section
64.444, subdivision 2, as amended; Laws 2010, chapter 362, section 2, subdivision
64.457; Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision
64.463; proposing coding for new law in Minnesota Statutes, chapters 15; 84; 86B;
64.47103B; 103G; 115A; repealing Minnesota Statutes 2010, sections 84.946,
64.48subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.4742, subdivision 4;
64.49103G.705; 115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 216H.07,
64.50subdivision 4; Minnesota Statutes 2011 Supplement, sections 86B.508; 86B.811,
64.51subdivision 1a; Laws 2011, chapter 107, section 105; Minnesota Rules, parts
65.17002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts
65.21, 2, 3; 7041.0500, subparts 5, 6, 7."

66.1	We request the adoption of this report and repassage of the bill.
66.2	House Conferees:
66.3	.....		.....
66.4	Denny McNamara		Paul Anderson
66.5	.....		.....
66.6	Tom Hackbarth		Paul Torkelson
66.7	.....
66.8	David Dill
66.9	Senate Conferees:
66.10	.....		.....
66.11	Bill G. Ingebrigtsen		Gary H. Dahms
66.12	.....		.....
66.13	Paul Gazelka		John C. Pederson
66.14	.....
66.15	Al D. DeKruif