Bill Text: MN HF1010 | 2011-2012 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Omnibus environment, energy, and natural resources finance bill.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2011-05-24 - Governor's action Veto Chapter 46 [HF1010 Detail]

Download: Minnesota-2011-HF1010-Engrossed.html

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A bill for an act

relating to state government; appropriating money for environment, natural
resources, and energy; creating accounts; modifying disposition of certain
receipts; modifying responsibilities and authorities; creating an advisory
committee; modifying Petroleum Tank Release Cleanup Act; modifying
cooperative electric association petition provisions; repealing definitions and
requirements; requiring rulemaking on wild rice standards;amending Minnesota
Statutes 2010, sections 85.052, subdivision 4; 89.21; 97A.055, by adding
a subdivision; 97A.071, subdivision 2; 97A.075; 103G.271, subdivision 6;
103G.301, subdivision 2; 115A.1314; 115A.1320, subdivision 1; 115C.09,
subdivision 3c; 115C.13; 116.07, subdivision 4h; 116P.04, by adding a
subdivision; 116P.05, subdivision 2; 127A.31; 216B.026, subdivision 1; 290.431;
290.432; 357.021, subdivision 7; proposing coding for new law in Minnesota
Statutes, chapters 16E; 84; 89; 97A; 103G; repealing Minnesota Statutes 2010,
sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84.027, subdivision 11; 116P.09,
subdivision 4; 116P.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES FINANCE

Section 1. SUMMARY OF APPROPRIATIONS.

    The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

			2012		2013		Total
	General	$	71,858,000	$	71,708,000	$	143,566,000
	State Government Special Revenue		75,000		75,000		150,000
	Environmental		62,614,000		62,783,000		125,397,000
	Natural Resources		90,792,000		90,492,000		181,284,000
	Game and Fish		88,217,000		87,617,000		175,834,000
	Remediation		10,596,000		10,596,000		21,192,000
	Permanent School		200,000		200,000		400,000
	Total	$	324,352,000	$	323,471,000	$	647,823,000

Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

    The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
year ending June 30, 2011, are effective the day following final enactment.

				APPROPRIATIONS
				Available for the Year
				Ending June 30
					2012		2013

Sec. 3. POLLUTION CONTROL AGENCY

Subdivision 1.Total Appropriation

$

76,228,000

$

76,397,000

	Appropriations by Fund
		2012	2013
	General	3,043,000	3,043,000
	State Government Special Revenue	75,000	75,000
	Environmental	62,614,000	62,783,000
	Remediation	10,496,000	10,496,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.
A recipient of a grant funded by an
appropriation under this section shall
display on its Web site detailed information
on the expenditure of the grant funds
and measurable outcomes as a result of
the expenditure of funds and submit this
information to the agency by June 30 each
year. A recipient without an active Web site
shall report to the agency by June 30 each
year detailed information on the expenditure
of the grant funds and measurable outcomes
as a result of the expenditure of funds. The
commissioner shall display the information
received by recipients under this paragraph
on the agency's Web site.

Subd. 2.Water

21,734,000

21,734,000

	Appropriations by Fund
		2012	2013
	General	3,043,000	3,043,000
	State Government Special Revenue	75,000	75,000
	Environmental	18,616,000	18,616,000

$1,378,000 the first year and $1,378,000
the second year are for water program
operations.
$1,665,000 the first year and $1,665,000
the second year are for grants to delegated
counties to administer the county feedlot
program under Minnesota Statutes, section
116.0711, subdivisions 2 and 3. Money
remaining after the first year is available for
the second year.
$740,000 the first year and $740,000 the
second year are from the environmental
fund to address the need for continued
increased activity in the areas of new
technology review, technical assistance
for local governments, and enforcement
under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements
of Laws 2003, chapter 128, article 1, section
165.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2013, as grants or contracts
for SSTS's, surface water and groundwater
assessments, total maximum daily loads,
storm water, and local basinwide water
quality protection in this subdivision are
available until June 30, 2016.

Subd. 3.Air

12,297,000

12,466,000

	Appropriations by Fund
		2012	2013
	Environmental	12,297,000	12,466,000

$200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.

Subd. 4.Land

17,412,000

17,412,000

	Appropriations by Fund
		2012	2013
	Environmental	6,916,000	6,916,000
	Remediation	10,496,000	10,496,000

All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of management and
budget that maximizes the utilization of
resources and appropriately allocates the
money between the two departments. This
appropriation is available until June 30, 2013.
$3,616,000 the first year and $3,616,000 the
second year are from the petroleum tank fund
to be transferred to the remediation fund for
purposes of the leaking underground storage
tank program to protect the land.
$252,000 the first year and $252,000 the
second year are from the remediation fund
for transfer to the commissioner of health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.

Subd. 5.Environmental Assistance and Cross-Media

24,785,000

24,785,000

	Appropriations by Fund
		2012	2013
	Environmental	24,785,000	24,785,000

$14,250,000 the first year and $14,250,000
the second year are from the environmental
fund for SCORE block grants to counties.
$119,000 the first year and $119,000 the
second year are from the environmental
fund for environmental assistance grants
or loans under Minnesota Statutes, section
115A.0716. Any unencumbered grant and
loan balances in the first year do not cancel
but are available for grants and loans in the
second year.
$89,000 the first year and $89,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
products under Minnesota Statutes, section
116.9401 to 116.9407. Of this amount,
$57,000 each year is transferred to the
commissioner of health.
$315,000 the first year and $315,000 the
second year are from the environmental fund
for the electronics waste program under
Minnesota Statutes, sections 115A.1310 to
115A.1330.
All money deposited in the environmental
fund for the metropolitan solid waste
landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on
or before June 30, 2013, as contracts or
grants for surface water and groundwater
assessments; environmental assistance
awarded under Minnesota Statutes, section
115A.0716; technical and research assistance
under Minnesota Statutes, section 115A.152;
technical assistance under Minnesota
Statutes, section 115A.52; and pollution
prevention assistance under Minnesota
Statutes, section 115D.04, are available until
June 30, 2015.

Subd. 6.Remediation Fund

The commissioner may transfer money from
the environmental fund to the remediation
fund for the purposes of the remediation fund
under Minnesota Statutes, section 116.155,
subdivision 2.

Sec. 4. NATURAL RESOURCES

Subdivision 1.Total Appropriation

$

221,809,000

$

220,904,000

	Appropriations by Fund
		2012	2013
	General	48,520,000	48,515,000
	Natural Resources	84,772,000	84,472,000
	Game and Fish	88,217,000	87,617,000
	Remediation	100,000	100,000
	Permanent School	200,000	200,000

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

Subd. 2.Land and Mineral Resources Management

8,963,000

8,963,000

	Appropriations by Fund
		2012	2013
	General	2,500,000	2,500,000
	Natural Resources	4,861,000	4,861,000
	Game and Fish	1,402,000	1,402,000
	Permanent School	200,000	200,000

$2,696,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
$68,000 the first year and $68,000 the
second year are for minerals cooperative
environmental research, of which $34,000
the first year and $40,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
$251,000 the first year and $251,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. $51,000 the
first year and $51,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

Subd. 3.Ecological and Water Resources

20,107,000

20,107,000

	Appropriations by Fund
		2012	2013
	General	6,728,000	6,728,000
	Natural Resources	9,680,000	9,680,000
	Game and Fish	3,699,000	3,699,000

$2,142,000 the first year and $2,142,000 the
second year are from the invasive species
account in the natural resources fund and
$1,674,000 the first year and $1,674,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, law enforcement,
and water access inspection to prevent the
spread of invasive species; management
of invasive plants in public waters; and
management of terrestrial invasive species
on state-administered lands.
$5,000,000 the first year, and $5,000,000 the
second year are from the water management
account in the natural resources fund for only
the purposes specified in Minnesota Statutes,
section 103G.27, subdivision 2.
$264,000 the first year and $264,000 the
second year are for grants for up to 50
percent of the cost of implementation of
the Red River mediation agreement. The
commissioner shall submit a report to the
chairs of the legislative committees having
primary jurisdiction over environment and
natural resources policy and finance on the
accomplishments achieved with the grants
by January 15, 2014.
$1,636,000 the first year and $1,636,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$1,223,000 the first year and $1,223,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame wildlife information,
education, and promotion.

Subd. 4.Forest Management

32,211,000

32,211,000

	Appropriations by Fund
		2012	2013
	General	17,854,000	17,854,000
	Natural Resources	13,093,000	13,093,000
	Game and Fish	1,264,000	1,264,000

$7,145,000 the first year and $7,145,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund.
By January 15 of each year, the commissioner
of natural resources shall submit a report to
the chairs and ranking minority members
of the house and senate committees
and divisions having jurisdiction over
environment and natural resources finance,
identifying all firefighting costs incurred
and reimbursements received in the prior
fiscal year. These appropriations may
not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.
$13,093,000 the first year and $13,093,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
89.039, subdivision 2.
$580,000 the first year and $580,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
$250,000 in the first year and $250,000 in the
second year are reductions for the FORIST
system.
$1,000,000 the first year and $1,000,000
the second year are from the heritage
enhancement account in the game and fish
fund to maintain and expand the ecological
classification system program. This is a
onetime appropriation.

Subd. 5.Parks and Trails Management

66,529,000

66,224,000

	Appropriations by Fund
		2012	2013
	General	18,135,000	18,130,000
	Natural Resources	46,200,000	45,900,000
	Game and Fish	2,194,000	2,194,000

$1,000,000 the first year and $1,000,000 the
second year are from the water recreation
account in the natural resources fund to
enable the department to develop and
implement best management practices for
public water access facilities to implement
aquatic invasive species prevention
strategies.
The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2013. The project
must be designed to prevent the spread of
aquatic invasive species.
$5,731,000 the first year and $5,731,000 the
second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources
fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).
$8,424,000 the first year and $8,424,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for the snowmobile
grants-in-aid program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
$1,360,000 the first year and $1,360,000
the second year are from the natural
resources fund for the off-highway vehicle
grants-in-aid program. Of this amount,
$1,110,000 each year is from the all-terrain
vehicle account; $150,000 each year is from
the off-highway motorcycle account; and
$100,000 each year is from the off-road
vehicle account. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
$805,000 the first year and $805,000 the
second year are from the natural resources
fund for trail grants to local units of
government on land to be maintained for at
least 20 years for the purposes of the grants.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (4).
$200,000 the first year from the off-highway
vehicle damage account in the natural
resources fund is for all-terrain vehicle
grants-in-aid.
$100,000 the first year is from the all-terrain
vehicle account in the natural resources fund
for a pass-through grant to Lake County for
completion of the Lake County Regional
All-Terrain Vehicle Trail. This is a onetime
appropriation and is available until spent.
$400,000 each year is from the all-terrain
vehicle account in the natural resources
fund. Of this amount, $100,000 the first
year is for developing a comprehensive
all-terrain vehicle trail plan under current
forest designation. The plan shall be
provided to the chairs and ranking minority
members of the house of representatives and
senate committees having jurisdiction over
environment and natural resources policy
and finance by January 15, 2012. $200,000
the first year and $300,000 the second year
are for the all-terrain vehicle grant-in-aid
program for trail building. $100,000 each
year is to provide downloadable trail maps on
the Internet and is a onetime appropriation.

Subd. 6.Fish and Wildlife Management

60,761,000

60,161,000

	Appropriations by Fund
		2012	2013
	General	199,000	199,000
	Natural Resources	1,899,000	1,899,000
	Game and Fish	58,663,000	58,063,000

$100,000 the first year and $100,000 the
second year are from the nongame wildlife
account in the natural resources fund for gray
wolf research.
$120,000 the first year and $120,000 the
second year are from the game and fish fund
for gray wolf management.
$8,167,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and
fish fund only for activities specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). Notwithstanding
Minnesota Statutes, section 297A.94, five
percent of this appropriation may be used for
expanding hunter and angler recruitment and
retention.
Notwithstanding Minnesota Statutes, section
84.943, $13,000 the first year and $13,000
the second year from the critical habitat
private sector matching account may be used
to publicize the critical habitat license plate
match program.
$199,000 the first year and $199,000 the
second year are for preserving, restoring, and
enhancing grassland and wetland complexes
on public or private lands.
$600,000 the first year is from the game and
fish fund for land acquisition.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2013, for
aquatic restoration grants and wildlife habitat
grants are available until June 30, 2014.

Subd. 7.Enforcement

30,928,000

30,928,000

	Appropriations by Fund
		2012	2013
	General	2,216,000	2,216,000
	Natural Resources	8,558,000	8,558,000
	Game and Fish	20,054,000	20,054,000
	Remediation	100,000	100,000

$1,204,000 the first year and $1,307,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). The base
appropriation in 2014 is $1,297,000.
Notwithstanding Minnesota Statutes, section
84.780, $100,000 the first year is from the
game and fish fund to fund a conservation
officer academy in 2011. This is a onetime
appropriation.
$315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
$250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under Minnesota Statutes, section
84.9011. Grants issued under this paragraph:
(1) must be issued through a formal
agreement with the organization; and (2)
must not be used as a substitute for traditional
spending by the organization. By December
15 each year, an organization receiving a
grant under this paragraph shall report to the
commissioner with details on expenditures
and outcomes from the grant. By January
15, 2013, the commissioner shall report on
the expenditures and outcomes of the grants
to the chairs and ranking minority members
of the legislative committees and divisions
having jurisdiction over natural resources
policy and finance. Of this appropriation,
$25,000 each year is for administration of
these grants. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
$510,000 the first year and $510,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $498,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use.
Of this appropriation, $25,000 each year
is for administration of these grants. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
$1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.
Any unencumbered balance does not cancel
at the end of the first year and is available for
the second year.

Subd. 8.Operations Support

2,310,000

2,310,000

	Appropriations by Fund
		2012	2013
	General	888,000	888,000
	Natural Resources	481,000	481,000
	Game and Fish	941,000	941,000

$320,000 the first year and $320,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Park Zoo
and Conservatory and the city of Duluth
for the Duluth Zoo. This appropriation
is from the revenue deposited to the fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).

Sec. 5. BOARD OF WATER AND SOIL RESOURCES

$

11,532,000

$

11,532,000

$2,996,000 the first year and $2,996,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base
grant portion related to water planning must
be matched by an amount as specified by
Minnesota Statutes, section 103B.3369.
$2,707,000 the first year and $2,707,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering, and
implementation of the reinvest in Minnesota
reserve program. Upon approval of the
board, expenditures may be made from these
appropriations for supplies and services
benefiting soil and water conservation
districts. Any district requesting a grant
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
plan, annual report, annual audit, annual
budget, including membership dues, and
meeting notices and minutes.
$1,797,000 the first year and $1,797,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control, water quality
management, feedlot water quality projects,
and establishing and maintaining riparian
vegetation buffers of restored native
prairie and for county cooperative weed
management programs.
$386,000 the first year and $386,000 the
second year are for implementation and
enforcement of the Wetland Conservation
Act.
$51,000 the first year and $51,000 the second
year are for staff to monitor and enforce
wetland replacement, wetland bank sites,
and the Wetland Conservation Act. The
board must include in its biennial report to
the legislature information on all state and
local units of government, including special
purpose districts, and impacts on wetlands
in the state.
$166,000 the first year and $166,000 the
second year are to provide assistance to local
drainage management officials and for the
costs of the Drainage Work Group.
$84,000 the first year and $84,000 the second
year are for a grant to the Red River Basin
Commission for water quality and floodplain
management, including administration of
programs. If the appropriation in either year
is insufficient, the appropriation in the other
year is available for it.
$120,000 the first year and $120,000
the second year are for grants to Area
II Minnesota River Basin Projects for
floodplain management.
Notwithstanding Minnesota Statutes, section
103C.501, the board may shift cost-share
funds in this section and may adjust the
technical and administrative assistance
portion of the grant funds to leverage
federal or other nonstate funds or to address
high-priority needs identified in local water
management plans.
The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.

Sec. 6. METROPOLITAN COUNCIL

$

8,226,000

$

8,226,000

	Appropriations by Fund
		2012	2013
	General	2,856,000	2,856,000
	Natural Resources	5,370,000	5,370,000

$2,856,000 the first year and $2,856,000
the second year are for metropolitan area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351.
$5,370,000 the first year and $5,370,000 the
second year are from the natural resources
fund for metropolitan area regional parks
and trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).

Sec. 7. CONSERVATION CORPS MINNESOTA

$

790,000

$

645,000

	Appropriations by Fund
		2012	2013
	General	300,000	155,000
	Natural Resources	490,000	490,000

Conservation Corps Minnesota may receive
money appropriated from the natural
resources fund under this section only
as provided in an agreement with the
commissioner of natural resources.

Sec. 8. ZOOLOGICAL BOARD

$

5,767,000

$

5,767,000

	Appropriations by Fund
		2012	2013
	General	5,607,000	5,607,000
	Natural Resources	160,000	160,000

$160,000 the first year and $160,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).

ARTICLE 2

ENERGY FINANCE

Section 1. SUMMARY OF APPROPRIATIONS.

    The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

			2012		2013		Total
	General	$	25,171,000	$	25,179,000	$	50,350,000
	Special Revenue		400,000		400,000		800,000
	Petroleum Tank Cleanup		1,052,000		1,052,000		2,104,000
	Workers' Compensation		751,000		751,000		1,502,000
	Total	$	27,374,000	$	27,382,000	$	54,756,000

Sec. 2. ENERGY FINANCE APPROPRIATIONS.

    The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
year ending June 30, 2011, are effective the day following final enactment.

				APPROPRIATIONS
				Available for the Year
				Ending June 30
					2012		2013

Sec. 3. DEPARTMENT OF COMMERCE

Subdivision 1.Total Appropriation

$

21,542,000

$

21,550,000

	Appropriations by Fund
		2012	2013
	General	19,739,000	19,747,000
	Petroleum Cleanup	1,052,000	1,052,000
	Workers' Compensation	751,000	751,000

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

Subd. 2.Financial Institutions

6,774,000

6,778,000

$138,000 the first year and $142,000
the second year are for the regulation of
mortgage originators and servicers under
Minnesota Statutes, chapters 58 and 58A.

Subd. 3.Petroleum Tank Release Cleanup Board

1,052,000

1,052,000

This appropriation is from the petroleum
tank release cleanup fund.

Subd. 4.Administrative Services

3,465,000

3,465,000

Subd. 5.Telecommunications

1,010,000

1,010,000

Subd. 6.Market Assurance

6,251,000

6,255,000

	Appropriations by Fund
		2012	2013
	General	5,500,000	5,504,000
	Workers' Compensation	751,000	751,000

Subd. 7.Office of Energy Security

2,990,000

2,990,000

Subd. 8.Transfer

$300,000 first year and $300,000 the second
year are for transfer to the commissioner of
human services to supplement the ongoing
operational expenses of the Commission
of Deaf, DeafBlind, and Hard-of-Hearing
Minnesotans. This appropriation is from the
telecommunication access Minnesota fund.

Sec. 4. TELECOMMUNICATIONS ACCESS MINNESOTA FUND

$

400,000

$

400,000

In addition to the appropriation authorized in
Minnesota Statutes, section 237.52, $400,000
the first year and $400,000 the second year
are from the telecommunications access
Minnesota fund as follows:
(1) $230,000 each year is to the Office of
Enterprise Technology;
(2) $20,000 each year is to the Commission
of Deaf, DeafBlind, and Hard-of-Hearing
Minnesotans to provide information on their
Web site in American Sign Language and to
provide technical assistance to state agencies;
and
(3) $150,000 each year is to the Legislative
Coordinating Commission to provide
captioning of live streaming of legislative
activity on the commission's Web site and
for a consolidated access fund for other state
agencies.
These appropriations are onetime.

Sec. 5. PUBLIC UTILITIES COMMISSION

$

5,432,000

$

5,432,000

Sec. 6. TRANSFERS.

(a) By June 30, 2013, the commissioner
of management and budget shall transfer
$3,000,000 from the special revenue fund to
the general fund. The transfers must be from
the following appropriation reductions and
accounts with the special revenue fund:
(1) $250,000 is from the telecommunications
access Minnesota fund established in
Minnesota Statutes, section 237.52;
(2) $250,000 is from the Department of
Commerce license technology surcharge
account established in Minnesota Statutes,
section 45.24;
(3) $300,000 is from the energy and
conservation account established in
Minnesota Statutes, section 216B.241;
(4) $500,000 is from the insurance fraud
prevention account established in Minnesota
Statutes, section 45.0135;
(5) $1,500,000 is from the automobile theft
prevention account established in Minnesota
Statutes, section 168A.40; and
(6) $200,000 is from the real estate education,
research and recovery fund established in
Minnesota Statutes, section 82.86.
(b) By June 30, 2013, the commissioner
of management and budget shall transfer
$15,000,000 in assets of the workers'
compensation assigned risk plan created
under Minnesota Statutes, section 79.252, to
the general fund.

    Sec. 7. Minnesota Statutes 2010, section 216B.026, subdivision 1, is amended to read:
    Subdivision 1. Election. (a) A cooperative electric association may elect to become
subject to rate regulation by the commission pursuant to sections 216B.03 to 216B.23.
The election shall be approved by a majority of members or stockholders voting by mail
ballot initiated by petition of not less than five percent of the members or stockholders of
the association, as determined by membership figures submitted by the association to the
Rural Electric Administration for the month in which the petition was submitted.
(b) For a cooperative electric association that is the product of a merger or
consolidation of three or more associations between December 30, 1996, and January 1,
2001, the number of members or stockholders necessary to initiate the petition shall be no
less than one percent of the members or stockholders of the association.

ARTICLE 3

STATUTORY CHANGES

    Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
STANDARDS FOR ACCESSIBILITY AND USABILITY.
    Subdivision 1. Membership. (a) The Advisory Committee for Technology
Standards for Accessibility and Usability consists of ten members, appointed as follows:
(1) the state chief information officer, or the state chief information officer's designee;
(2) a representative from State Services for the Blind, appointed by the commissioner
of employment and economic development;
(3) the commissioner of administration, or the commissioner's designee;
(4) a representative selected by the Minnesota system of technology to achieve
results program;
(5) a representative selected by the Commission of Deaf, DeafBlind, and
Hard-of-Hearing Minnesotans;
(6) the commissioner of education, or the commissioner's designee;
(7) the commissioner of health, or the commissioner's designee;
(8) the commissioner of human services, or the commissioner's designee;
(9) one representative from the Minnesota judicial system designated by the chief
justice; and
    (10) one staff member from the legislature, appointed by the chair of the Legislative
Coordinating Commission.
    (b) The appointing authorities under this subdivision must use their best efforts to
ensure that the membership of the advisory committee includes at least one representative
who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
(c) The advisory committee shall elect a chair from its membership.
    Subd. 2. Duties. (a) The advisory committee shall:
(1) recommend review processes to be used for the evaluation or certification of
accessibility of technology against accessibility standards;
(2) recommend an exception process and thresholds for any deviation from the
accessibility standards;
(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
resources for training and technical assistance for state agency staff, including instruction
regarding compliance with accessibility standards;
(4) convene customer groups composed of individuals with disabilities to assist in
implementation of accessibility standards;
(5) review customer comments about accessibility and usability issues collected by
State Services for the Blind; and
(6) develop proposals for funding captioning of live videoconferencing, live
Webcasts, Web streaming, podcasts, and other emerging technologies.
(b) The advisory committee shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over state technology systems by January
15 each year regarding the findings, progress, and recommendations made by the advisory
committee under this subdivision. The report shall include any draft legislation necessary
to implement the committee's recommendations.
    Subd. 3. Terms, compensation, and removal. The terms, compensation, and
removal of members are governed by section 15.059.
    Subd. 4. Expiration. This section expires June 30, 2013.

    Sec. 2. Minnesota Statutes 2010, section 85.052, subdivision 4, is amended to read:
    Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.
(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the state parks working capital account.
The appropriation under section 85.22 for revenue deposited in this section is limited to
$25,000 per fiscal year.
(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made.

    Sec. 3. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
CERTIFICATION.
(a) After each fiscal year, the commissioner shall certify the total costs incurred for
forest management, forest improvement, and road improvement on state-managed lands
during that year. The commissioner shall distribute forest management receipts credited to
various accounts according to this section.
(b) The amount of the certified costs incurred for forest management activities
on state lands shall be transferred from the account where receipts are deposited to the
forest management investment account in the natural resources fund, except for those
costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
credited to the account.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 4. Minnesota Statutes 2010, section 89.21, is amended to read:
89.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
(a) The commissioner is authorized to establish and develop state forest
campgrounds and may establish minimum standards not inconsistent with the laws of the
state for the care and use of such campgrounds and charge fees for such uses as specified
by the commissioner of natural resources.
(b) Notwithstanding section 16A.1283, the commissioner shall, by written order,
establish fees providing for the use of state forest campgrounds. The fees are not subject
to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
(c) All fees shall be deposited in the general fund an account in the natural resources
fund and are appropriated annually to the commissioner.

    Sec. 5. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
    Subdivision 1. Account established; sources. The peace officer training account is
created in the game and fish fund in the state treasury. Revenue from the portion of the
surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
clause (1), shall be deposited in the account and is appropriated to the commissioner.
Money in the account may be spent only for the purposes provided in subdivision 2.
    Subd. 2. Purposes of account. Money in the peace officer training account
may only be spent by the commissioner for peace officer training for employees of the
Department of Natural Resources who are licensed under sections 626.84 to 626.863
to enforce game and fish laws.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 6. Minnesota Statutes 2010, section 97A.055, is amended by adding a subdivision
to read:
    Subd. 2b. Certified costs. Money for the certified costs under section 89.0385 is
appropriated annually to the commissioner for reimbursement of certified costs on state
lands acquired by purchase or gift for game and fish purposes.

    Sec. 7. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
    Subd. 2. Revenue from small game license surcharge and lifetime licenses.
Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under sections
97A.473, subdivisions 3 and 5 , and 97A.474, subdivision 3, shall be credited to the
wildlife acquisition account and is appropriated to the commissioner. The money in the
account shall be used by the commissioner only for the purposes of this section, and
acquisition and development of wildlife lands under section 97A.145 and maintenance of
the lands, in accordance with appropriations made by the legislature.

    Sec. 8. Minnesota Statutes 2010, section 97A.075, is amended to read:
97A.075 USE OF LICENSE REVENUES.
    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions
2, clauses (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and
(12),and licenses issued under section 97B.301, subdivision 4.
    (b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the deer management account and
shall be used is appropriated to the commissioner for deer habitat improvement or deer
management programs.
    (c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used is appropriated to the commissioner for deer and
bear management programs, including a computerized licensing system.
    (d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. The commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.
     When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.
    Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
improvement account. Money in the account may be used and is appropriated to the
commissioner only for:
(1) development of wetlands and lakes in the state and designated waterfowl
management lakes for maximum migratory waterfowl production including habitat
evaluation, the construction of dikes, water control structures and impoundments, nest
cover, rough fish barriers, acquisition of sites and facilities necessary for development
and management of existing migratory waterfowl habitat and the designation of waters
under section 97A.101;
(2) management of migratory waterfowl;
(3) development, restoration, maintenance, or preservation of migratory waterfowl
habitat;
(4) acquisition of and access to structure sites; and
(5) the promotion of waterfowl habitat development and maintenance, including
promotion and evaluation of government farm program benefits for waterfowl habitat.
(b) Money in the account may not be used for costs unless they are directly related to
a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
to specific management activities under paragraph (a), clause (2).
    Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
and salmon stamps must be credited to the trout and salmon management account. Money
in the account may be used and is appropriated to the commissioner only for:
(1) the development, restoration, maintenance, improvement, protection, and
preservation of habitat for trout and salmon in trout streams and lakes, including, but
not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
stream banks; and purchasing equipment to accomplish these tasks;
(2) rearing trout and salmon, including utility and service costs associated with
coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
and Lake Superior; and monitoring and evaluating stocked trout and salmon;
(3) acquisition of easements and fee title along trout waters;
(4) identifying easement and fee title areas along trout waters; and
(5) research and special management projects on trout streams, trout lakes, and
Lake Superior and portions of its tributaries.
(b) Money in the account may not be used for costs unless they are directly related
to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
activities under paragraph (a), clause (2), or for costs associated with supplies and
equipment to implement trout and salmon management activities under paragraph (a).
    Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
must be credited to the pheasant habitat improvement account. Money in the account may
be used and is appropriated to the commissioner only for:
    (1) the development, restoration, and maintenance of suitable habitat for ringnecked
pheasants on public and private land including the establishment of nesting cover, winter
cover, and reliable food sources;
    (2) reimbursement of landowners for setting aside lands for pheasant habitat;
    (3) reimbursement of expenditures to provide pheasant habitat on public and private
land;
    (4) the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant habitat; and
    (5) the acquisition of lands suitable for pheasant habitat management and public
hunting.
    (b) Money in the account may not be used for:
    (1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or
    (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
to provide technical and promotional assistance for private landowners to implement
conservation provisions of state and federal programs.
    Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7),
must be credited to the wild turkey management account. Money in the account may be
used and is appropriated to the commissioner only for:
    (1) the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and establishment
of nesting cover, winter roost area, and reliable food sources;
    (2) acquisitions of, or easements on, critical wild turkey habitat;
    (3) reimbursement of expenditures to provide wild turkey habitat on public and
private land;
    (4) trapping and transplantation of wild turkeys; and
    (5) the promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research.
    (b) Money in the account may not be used for:
    (1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause (5); or
    (2) any permanent personnel costs.
    Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
walleye stamp account. Money in the account must be used and is appropriated to the
commissioner only for stocking walleye in waters of the state and related activities.
    (b) Money in the account may not be used for costs unless they are directly related to
a specific body of water under paragraph (a), or for costs associated with supplies and
equipment to implement walleye stocking activities under paragraph (a).

    Sec. 9. [103G.27] WATER MANAGEMENT ACCOUNT.
    Subdivision 1. Account established; sources. The water management account
is created in the natural resources fund in the state treasury. Revenues collected from
water use permits, penalties, and other receipts according to section 103G.271, shall be
deposited in the account for the purposes described in subdivision 2. Interest earned on
money in the account accrues to the account.
    Subd. 2. Purposes of account. Money in the water management account may
only be spent for the costs associated with permit applications, inspections, and other
expenditures under sections 103G.271 and 103G.301.

    Sec. 10. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
    Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:
    (1) $140 for amounts not exceeding 50,000,000 gallons per year;
    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;
    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;
    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;
    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;
    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;
    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;
    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;
    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;
    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and
    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
    (b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:
    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
    (2) for all other users, $420 per 1,000,000 gallons.
    (c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.
    (d) For water use processing fees other than once-through cooling systems:
    (1) the fee for a city of the first class may not exceed $250,000 per year;
    (2) the fee for other entities for any permitted use may not exceed:
    (i) $60,000 per year for an entity holding three or fewer permits;
    (ii) $90,000 per year for an entity holding four or five permits; or
    (iii) $300,000 per year for an entity holding more than five permits;
    (3) the fee for agricultural irrigation may not exceed $750 per year;
    (4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and
    (5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.
    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
    (f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:
    (1) there is no appropriation of water under the permit; or
    (2) the permit is suspended for more than seven consecutive days between May 1
and October 1.
    (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.

    Sec. 11. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
receiving, recording, and processing the application must be paid for a permit authorized
under this chapter and for each request to amend or transfer an existing permit. Fees
established under this subdivision, unless specified in paragraph (c), shall be compliant
with section 16A.1285.
    (b) Proposed projects that require water in excess of 100 million gallons per year
must be assessed fees to recover the costs incurred to evaluate the project and the costs
incurred for environmental review. Fees collected under this paragraph must be credited
to an account in the natural resources fund and are appropriated to the commissioner.
    (c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b); a permit to construct or repair a dam that is subject to dam safety inspection;
or a state general permit is $150. The application fee for a permit to work in public waters
or to divert waters for mining must be at least $150, but not more than $1,000.
(d) Fees collected under this subdivision must be credited to the water management
account in the natural resources fund.

    Sec. 12. Minnesota Statutes 2010, section 115A.1314, is amended to read:
115A.1314 MANUFACTURER'S REGISTRATION FEE; CREATION OF
ACCOUNT.
    Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner
of revenue an annual registration fee. The commissioner of revenue must deposit the
fee in the account established in subdivision 2 state treasury and credit the fee to the
environmental fund.
    (b) The registration fee for the initial program year during which a manufacturer's
video display devices are sold to households is $5,000. Each year thereafter, The
registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
according to the formula:
    ((A x B) - (C + D)) x E, where:
    (1) A = the number of pounds of a manufacturer's video display devices sold to
households during the previous program year, as reported to the department under section
115A.1316, subdivision 1 ;
    (2) B = the proportion of sales of video display devices required to be recycled, set at
0.6 for the first program year and 0.8 for the second program year and every year thereafter;
    (3) C = the number of pounds of covered electronic devices recycled by a
manufacturer from households during the previous program year, as reported to the
department under section 115A.1316, subdivision 1;
    (4) D = the number of recycling credits a manufacturer elects to use to calculate the
variable recycling fee, as reported to the department under section 115A.1316, subdivision
1; and
    (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
for manufacturers who recycle at least 50 percent but less than 90 percent of the product
(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
than 100 percent of the product (A x B).
    (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
may retain recycling credits to be added, in whole or in part, to the actual value of C, as
reported under section 115A.1316, subdivision 2, during any succeeding program year,
provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
program year may be met with recycling credits generated in a prior program year. A
manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
a price negotiated by the parties, who may use the credits in the same manner.
    (d) For the purpose of calculating a manufacturer's variable recycling fee under
paragraph (b), the weight of covered electronic devices collected from households located
outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
calculated at 1.5 times their actual weight.
    (e) The registration fee for the initial program year and the base registration fee
thereafter for a manufacturer who produces fewer than 100 video display devices for sale
annually to households is $1,250.
    Subd. 2. Creation of account; appropriations Use of registration fees. (a) The
electronic waste account is established in the environmental fund. The commissioner of
revenue must deposit receipts from the fee established in subdivision 1 in the account.
Any interest earned on the account must be credited to the account. Money from other
sources may be credited to the account. Beginning in the second program year and
continuing each program year thereafter, as of the last day of each program year, the
commissioner shall determine the total amount of the variable fees that were collected. To
the extent that the total fees collected by the commissioner in connection with this section
exceed the amount the commissioner determines necessary to operate the program for the
new program year, the commissioner shall refund on a pro rata basis, to all manufacturers
who paid any fees for the previous program year, the amount of fees collected by the
commissioner in excess of the amount necessary to operate the program for the new
program year. No individual refund is required of amounts of $100 or less for a fiscal
year. Manufacturers who report collections less than 50 percent of their obligation for
the previous program year are not eligible for a refund.
    (b) Until June 30, 2011, money in the account is annually appropriated to the
Pollution Control Agency: (a) Registration fees may be used by the commissioner for:
    (1) for the purpose of implementing sections 115A.1312 to 115A.1330, including
transfer to the commissioner of revenue to carry out the department's duties under
section 115A.1320, subdivision 2, and transfer to the commissioner of administration for
responsibilities under section 115A.1324; and
    (2) to the commissioner of the Pollution Control Agency to be distributed on
a competitive basis through contracts with grants to counties outside the 11-county
metropolitan area, as defined in paragraph (c) (b), and with to private entities that collect
for recycling covered electronic devices in counties outside the 11-county metropolitan
area, where the collection and recycling is consistent with the respective county's solid
waste plan, for the purpose of carrying out the activities under sections 115A.1312 to
115A.1330 . In awarding competitive grants under this clause, the commissioner must
give preference to counties and private entities that are working cooperatively with
manufacturers to help them meet their recycling obligations under section 115A.1318,
subdivision 1 .
    (c) (b) The 11-county metropolitan area consists of the counties of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

    Sec. 13. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
read:
    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
115A.1310 to 115A.1330.
    (b) The agency shall establish procedures for:
    (1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1312; and
    (2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.
    (c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1 :
    (1) the proportion of sales of video display devices sold to households that
manufacturers are required to recycle;
    (2) the estimated per-pound price of recycling covered electronic devices sold to
households;
    (3) the base registration fee; and
    (4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
these values must be changed in order to improve the efficiency or effectiveness of the
activities regulated under sections 115A.1312 to 115A.1330 or if the revenues in the
account exceed the amount that the agency determines is necessary, the agency shall
submit recommended changes and the reasons for them to the chairs of the senate and
house of representatives committees with jurisdiction over solid waste policy.
    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of video display devices sold to households by each manufacturer during the
preceding program year, based on national sales data, and forward the estimates to the
department.
    (e) The agency shall manage the account established in section 115A.1314,
subdivision 2. If the revenues in the account exceed the amount that the agency determines
is necessary for efficient and effective administration of the program, including any
amount for contingencies, the agency must recommend to the legislature that the base
registration fee, the proportion of sales of video display devices required to be recycled,
or the estimated per pound cost of recycling established under section 115A.1314,
subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce
revenues collected in the subsequent program year by the estimated amount of the excess.
    (f) (e) On or before December 1, 2010, and each year thereafter, the agency shall
provide a report to the governor and the legislature on the implementation of sections
115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
of covered electronic devices recycled and a summary of information in the reports
submitted by manufacturers and recyclers under section 115A.1316. The report must
also discuss the various collection programs used by manufacturers to collect covered
electronic devices; information regarding covered electronic devices that are being
collected by persons other than registered manufacturers, collectors, and recyclers; and
information about covered electronic devices, if any, being disposed of in landfills in
this state. The report must include a description of enforcement actions under sections
115A.1310 to 115A.1330. The agency may include in its report other information received
by the agency regarding the implementation of sections 115A.1312 to 115A.1330.
    (g) (f) The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.
    (h) (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.
    (i) (h) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of video
display devices available for recycling.
    (j) (i) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1318 and post it on the agency's Web site.
    (k) (j) The agency shall post on its Web site the contact information provided by
each manufacturer under section 115A.1318, paragraph (e).

    Sec. 14. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
    Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
(a) Reimbursement may not be made under this chapter for costs associated with a release:
(1) from a tank located at a petroleum refinery; or
(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
gallons of total petroleum storage capacity at the tank facility.
(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
with a release from a tank facility:
(1) owned or operated by a person engaged in the business of mining iron ore or
taconite;
(2) owned by a political subdivision, a housing and redevelopment authority, an
economic development authority, or a port authority that acquired the tank facility prior
to May 23, 1989; or
(3) owned by a person:
(i) who acquired the tank facility prior to May 23, 1989;
(ii) who did not use the tank facility for the bulk storage of petroleum; and
(iii) who is not affiliated with the party who used the tank facility for the bulk
storage of petroleum.; or
(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
engaged in the business of storing used oil primarily for sales to end users.

    Sec. 15. Minnesota Statutes 2010, section 115C.13, is amended to read:
115C.13 REPEALER.
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05,
115C.06 , 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11,
115C.111 , 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30,
2012 2017.

    Sec. 16. Minnesota Statutes 2010, section 116.07, subdivision 4h, is amended to read:
    Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring
the operator or owner of a solid waste disposal facility to submit to the agency proof
of the operator's or owner's financial capability to provide reasonable and necessary
response during the operating life of the facility and for 30 years after closure for a mixed
municipal solid waste disposal facility or for a minimum of 20 years after closure, as
determined by agency rules, for any other solid waste disposal facility, and to provide for
the closure of the facility and postclosure care required under agency rules. Proof of
financial responsibility is required of the operator or owner of a facility receiving an
original permit or a permit for expansion after adoption of the rules. Within 180 days of
the effective date of the rules or by July 1, 1987, whichever is later, proof of financial
responsibility is required of an operator or owner of a facility with a remaining capacity of
more than five years or 500,000 cubic yards that is in operation at the time the rules are
adopted. Compliance with the rules and the requirements of paragraph (b) is a condition
of obtaining or retaining a permit to operate the facility.
(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary
district, that owns or operates a solid waste disposal facility that was in operation on May
15, 1989, may meet its financial responsibility for all or a portion of the contingency
action portion of the reasonable and necessary response costs at the facility by pledging its
full faith and credit to meet its responsibility.
The pledge must be made in accordance with the requirements in chapter 475 for
issuing bonds of the municipality, and the following additional requirements:
(1) The governing body of the municipality shall enact an ordinance that clearly
accepts responsibility for the costs of contingency action at the facility and that reserves,
during the operating life of the facility and for the time period required in paragraph (a)
after closure, a portion of the debt limit of the municipality, as established under section
475.53 or other law, that is equal to the total contingency action costs.
(2) The municipality shall require that all collectors that haul to the facility
implement a plan for reducing solid waste by using volume-based pricing, recycling
incentives, or other means.
(3) When a municipality opts to meet a portion of its financial responsibility by
relying on its authority to issue bonds, it shall also begin setting aside in a dedicated
long-term care trust fund money that will cover a portion of the potential contingency
action costs at the facility, the amount to be determined by the agency for each facility
based on at least the amount of waste deposited in the disposal facility each year, and the
likelihood and potential timing of conditions arising at the facility that will necessitate
response action. The agency may not require a municipality to set aside more than five
percent of the total cost in a single year.
(4) A municipality shall have and consistently maintain an investment grade bond
rating as a condition of using bonding authority to meet financial responsibility under
this section.
(5) The municipality shall file with the commissioner of revenue its consent to have
the amount of its contingency action costs deducted from state aid payments otherwise
due the municipality and paid instead to the remediation fund created in section 116.155,
if the municipality fails to conduct the contingency action at the facility when ordered
by the agency. If the agency notifies the commissioner that the municipality has failed to
conduct contingency action when ordered by the agency, the commissioner shall deduct
the amounts indicated by the agency from the state aids in accordance with the consent
filed with the commissioner.
(6) The municipality shall file with the agency written proof that it has complied
with the requirements of paragraph (b).
(c) The method for proving financial responsibility under paragraph (b) may not be
applied to a new solid waste disposal facility or to expansion of an existing facility, unless
the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities
cannot be permitted for a duration of longer than three years.
(d) The commissioner shall consult with the commissioner of management and
budget for guidance on the forms of financial assurance that are acceptable for private
owners and public owners, and in carrying out a periodic review of the adequacy of
financial assurance for solid waste disposal facilities. Financial assurance rules shall
allow financial mechanisms to public owners of solid waste disposal facilities that are
appropriate to their status as subdivisions of the state.
(e) Persons who wish the agency to consider unique financial assurance mechanisms
to meet their obligations under this subdivision and subdivisions 4f and 4g must reimburse
the agency for the costs of consultant services needed to complete a review to determine
the appropriateness of the proposed mechanism. The reimbursement shall be in addition
to any other fees imposed by law. Reimbursements accepted by the agency are deposited
in the miscellaneous special revenue fund and appropriated to the agency for the cost to
review the financial assurance mechanism.

    Sec. 17. Minnesota Statutes 2010, section 127A.31, is amended to read:
127A.31 GOAL OF THE PERMANENT SCHOOL FUND.
The legislature intends that it is the goal of the permanent school fund to secure the
maximum long-term economic return from the school trust lands consistent with the
fiduciary responsibilities imposed by the trust relationship established in the Minnesota
Constitution, with sound natural resource conservation and management principles, and
with other specific policy provided in state law.

    Sec. 18. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
    Subd. 7. Disbursement of surcharges by commissioner of management and
budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:
    (1) one percent shall be credited to the peace officer training account in the game and
fish fund to provide and is annually appropriated to the commissioner of natural resources
for peace officer training for employees of the Department of Natural Resources who are
licensed under sections 626.84 to 626.863, and who possess peace officer authority for the
purpose of enforcing game and fish laws;
    (2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
    (3) 60 percent shall be credited to the general fund.
    (b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
    (c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
    (d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

    Sec. 19. WILD RICE STANDARDS; RULEMAKING.
(a) Within 30 days of enactment, the commissioner of the Pollution Control
Agency shall initiate a process to amend Minnesota Rules, chapter 7050, which may
be accomplished through rulemaking already in progress related to the water quality
standards contained in Minnesota Rules, chapter 7050. The amended rule shall designate
each body of water, or specific portion thereof, to which the wild rice water quality
standards apply and the specific times of year during which the standard applies. Before
designating waters containing natural beds of wild rice as waters subject to a standard,
the commissioner shall establish criteria for such waters after consultation with the
commissioner of natural resources, Minnesota Indian tribes, and other interested parties
and after public notice and comment. The criteria shall include, but not be limited to,
documented history of wild rice harvests, minimum acreage, and wild rice density. Waters
where individual wild rice plants or isolated, sparse stands of wild rice exist shall not
be designated as subject to the standard.
(b) Within 30 days of enactment, the commissioner of the Pollution Control Agency
must create an advisory group to provide input to the commissioner on a protocol for
scientific research to assess the impacts of sulfates and other substances on the growth of
wild rice, review research results, and provide other advice on the development of future
rule amendments to protect wild rice. The advisory group must include representatives of
tribal governments, municipal wastewater treatment facilities, industrial dischargers, wild
rice harvesters, and wild rice research experts.
(c) After receiving the advice of the advisory group under paragraph (b), the
commissioner shall, after consultation with the commissioner of natural resources and
review of all available scientific research on water quality and other environmental
impacts on the growth of wild rice, adopt and implement a wild rice research plan using
the funding appropriated for a wild rice standards study in this act to contract with
appropriate scientific experts. The commissioner shall periodically review the results of
the research with the commissioner of natural resources and the advisory group.
(d) Upon completion of the research referenced in paragraph (c), the commissioner
shall initiate a process to amend Minnesota Rules to revise water quality standards related
to the protection of wild rice to be consistent with the results of the research.
(e) Until the rule amendment described in paragraph (d) is complete, in any permit
issued for the discharge of wastewater, the commissioner of the Pollution Control Agency
may only require that the permittee monitor sulfate concentrations in discharges, and if
appropriate based on site-specific conditions, implement a sulfate minimization plan to
avoid or minimize sulfate concentrations during periods when wild rice may be susceptible
to damage, but may not require expenditures for design and implementation of sulfate
treatment technologies. Upon completion of the rule amendment processes described in
paragraph (d), the commissioner of the Pollution Control Agency shall provide permittees
a reasonable period of time in which to comply with the amended standards.
(f) By December 15, 2011, the commissioner shall submit a report to the chairs of
the house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources policy and finance on the status of implementation of
this section. The report must include an estimated timeline for completion of the wild
rice research plan and initiation and completion of the formal rulemaking process under
Minnesota Statutes, chapter 14.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 20. WILD RICE WATER QUALITY STANDARD.
Notwithstanding Minnesota Rules, part 7050.0224, subpart 2, the water quality
standard for sulfates in Class 4A waters is 50 milligrams per liter, applicable to water used
for production of wild rice during periods when the rice may be susceptible to damage by
high sulfate levels. This standard is effective until the new standard developed through
the rulemaking required under section 14 goes into effect.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 21. HARVEST OF TIMBER; STATE PARKS.
Notwithstanding Minnesota Statutes, section 86A.05, subdivision 2, or any other
law to the contrary, the commissioner of natural resources shall assess the black walnut
and other timber resources in Frontenac State Park and Whitewater State Park, harvest the
black walnut and timber resources suitable for harvest, and deposit the proceeds from the
sale into the state parks account in the natural resources fund by June 30, 2013.

    Sec. 22. REPEALER.
Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8, are
repealed.

ARTICLE 4

ENVIRONMENT AND NATURAL RESOURCES TRUST FUND

Section 1. MINNESOTA RESOURCES APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
environment and natural resources trust fund, or another named fund, and are available for
the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
article mean that the appropriations listed under them are available for the fiscal year
ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
appropriations in this article are onetime.

				APPROPRIATIONS
				Available for the Year
				Ending June 30
					2012		2013

Sec. 2. MINNESOTA RESOURCES

Subdivision 1.Total Appropriation

$

26,011,000

$

25,261,000

	Appropriations by Fund
		2012	2013
	Environment and natural resources trust fund	25,261,000	25,261,000
	State land and water conservation account (LAWCON)	750,000	-0-

Appropriations are available for two
years beginning July 1, 2011, unless
otherwise stated in the appropriation. Any
unencumbered balance remaining in the first
year does not cancel and is available for the
second year.

Subd. 2.Definitions

(a) "Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.
(b) "State land and water conservation
account (LAWCON)" means the state land
and water conservation account in the natural
resources fund referred to in Minnesota
Statutes, section 116P.14.

Subd. 3.Natural Resource Data and Information

3,867,000

5,368,000

(a) Minnesota County Biological Survey
$1,125,000 the first year and $1,125,000
the second year are from the trust fund
to the commissioner of natural resources
for continuation of the Minnesota county
biological survey to provide a foundation
for conserving biological diversity by
systematically collecting, interpreting,
and delivering data on plant and animal
distribution and ecology, native plant
communities, and functional landscapes.
(b) County Geologic Atlases for
Sustainable Water Management
$900,000 the first year and $900,000 the
second year are from the trust fund to
accelerate the production of county geologic
atlases to provide information essential to
sustainable management of ground water
resources by defining aquifer boundaries
and the connection of aquifers to the land
surface and surface water resources. Of
this appropriation, $600,000 each year is
to the Board of Regents of the University
of Minnesota for the Geologic Survey and
$300,000 each year is to the commissioner
of natural resources. This appropriation
is available until June 30, 2015, by which
time the project must be completed and final
products delivered.
(c) Completion of Statewide Digital Soil
Survey
$250,000 the first year and $250,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
to accelerate the completion of county
soil survey mapping and Web-based data
delivery. The soil surveys must be done on a
cost-share basis with local and federal funds.
(d) Updating National Wetlands Inventory
for Minnesota - Phase III
$1,500,000 the second year is from the trust
fund to the commissioner of natural resources
to continue the update of wetland inventory
maps for Minnesota. This appropriation
is available until June 30, 2015, by which
time the project must be completed and final
products delivered.
(e) Golden Eagle Survey
$45,000 the first year and $45,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the National Eagle Center to
increase the understanding of golden eagles
in Minnesota through surveys and education.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(f) Determining Causes of Mortality in
Moose Populations
$300,000 the first year and $300,000 the
second year are from the trust fund to
the commissioner of natural resources to
determine specific causes of moose mortality
and population decline in Minnesota and
to develop specific management actions to
prevent further population decline. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(g) Prairie Management for Wildlife and
Bioenergy - Phase II
$300,000 the first year and $300,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to research and evaluate methods
of managing diverse working prairies for
wildlife and renewable bioenergy production.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(h) Evaluation of Biomass Harvesting
Impacts on Minnesota's Forests
$175,000 the first year and $175,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to assess the impacts biomass
harvests for energy have on soil nutrients,
native forest vegetation, invasive species
spread, and long-term tree productivity within
Minnesota's forests. This appropriation is
available until June 30, 2014, by which time
the project must be completed and final
products delivered.
(i) Change and Resilience in Boreal Forests
in Northern Minnesota
$100,000 the first year and $100,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to assess the potential response
of northern Minnesota's boreal forests to
observed and predicted changes in climate
conditions and develop related management
guidelines and adaptation strategies. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(j) Information System for Wildlife and
Aquatic Management Areas
$250,000 the first year and $250,000 the
second year are from the trust fund to the
commissioner of natural resources to develop
an information system to facilitate improved
management of wildlife and fish habitat and
facilities. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(k) Strengthening Natural Resource
Management with LiDAR Training
$90,000 the first year and $90,000 the second
year are from the trust fund to the Board of
Regents of the University of Minnesota to
provide workshops and Web-based training
and information on the use of LiDAR
elevation data in planning for and managing
natural resources.
(l) Measuring Conservation Practice
Outcomes
$170,000 the first year and $170,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
to improve measurement of impacts of
conservation practices through refinement
of existing and development of new
pollution estimators and by providing local
government training.
(m) Conservation-Based Approach for
Assessing Public Drainage Benefits
$75,000 the first year and $75,000 the second
year are from the trust fund to the Board
of Water and Soil Resources to develop an
alternative framework to assess drainage
benefits on public systems to enhance water
conservation. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(n) Mississippi River Central Minnesota
Conservation Planning
$87,000 the first year and $88,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Stearns County Soil and
Water Conservation District to develop
and adopt river protection strategies in
cooperation with local jurisdictions in
the communities of the 26 miles of the
Mississippi River between Benton and
Stearns Counties. This appropriation must
be matched by $175,000 of nonstate cash or
qualifying in-kind funds.

Subd. 4.Land, Habitat, and Recreation

15,173,000

12,584,000

	Summary by Fund
	Environment and natural resources trust fund	14,423,000	12,584,000
	State land and water conservation account (LAWCON)	750,000	-0-

(a) Lake Vermilion State Park
Development
$2,421,000 the first year and $579,000 the
second year are from the trust fund to the
commissioner of natural resources for initial
phases of development of Lake Vermilion
State Park. A master plan must be completed
and a specific list of proposed projects
and project elements must be provided to
the Legislative-Citizen Commission on
Minnesota Resources before any expenditure
of money appropriated in this paragraph.
(b) State Parks and Trails Land
Acquisition
$1,500,000 the first year and $1,500,000 the
second year are from the trust fund to the
commissioner of natural resources to acquire
state trails and critical parcels within the
statutory boundaries of state parks. State
park land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards, as
determined by the commissioner of natural
resources. A list of proposed acquisitions
must be provided as part of the work
program. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(c) Metropolitan Regional Park System
Acquisition
$1,125,000 the first year and $1,125,000
the second year are from the trust fund to
the Metropolitan Council for grants for the
acquisition of lands within the approved park
unit boundaries of the metropolitan regional
park system. This appropriation may not
be used for the purchase of residential
structures. A list of proposed fee title and
easement acquisitions must be provided as
part of the required work program. This
appropriation must be matched by at least
40 percent of nonstate money and must be
committed by December 31, 2011, or the
appropriation cancels. This appropriation
is available until June 30, 2014, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
(d) Regional Park, Trail, and Connection
Acquisition and Development Grants
$1,000,000 the first year and $1,000,000 the
second year are from the trust fund to the
commissioner of natural resources to provide
matching grants to local units of government
for acquisition and development of regional
parks, regional trails, and trail connections.
The local match required for a grant to
acquire a regional park or regional outdoor
recreation area is two dollars of nonstate
money for each three dollars of state money.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(e) State Recreation Area Acquisition and
Restoration
$820,000 the first year and $820,000 the
second year are from the trust fund to
the commissioner of natural resources
to acquire lands with high-quality native
plant communities and rare features to
be established as state recreation areas as
provided in Minnesota Statutes, section
85.013, restore parts of state recreation
areas, and provide technical assistance and
outreach. A list of proposed acquisitions
must be provided as part of the required
work program. Land acquired with
this appropriation must be sufficiently
improved to meet at least minimum
management standards, as determined by
the commissioner of natural resources. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(f) LaSalle Lake State Recreation Area
Acquisition
$1,000,000 the first year and $1,000,000
the second year are from the trust fund to
the commissioner of natural resources for
an agreement with The Trust for Public
Land to acquire approximately 190 acres
to be designated as a state recreation area
as provided in Minnesota Statutes, section
85.013, on LaSalle Lake adjacent to the
upper Mississippi River. If this acquisition
is not completed by July 15, 2012, then the
appropriation is canceled. Up to $10,000
may be retained by the Department of Natural
Resources at the request of The Trust for
Public Land for transaction costs, associated
professional services, and restoration needs.
(g) Minnesota River Valley State
Recreation Area Acquisition
$1,000,000 the first year and $1,000,000
the second year are from the trust fund
to the commissioner of natural resources
for an agreement with the Redwood Area
Communities Foundation to acquire lands
with high-quality native plant communities
and rare features to be established as state
recreation areas as provided in Minnesota
Statutes, section 85.013. A list of proposed
acquisitions must be provided as part of
the required work program. Land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards, as determined by
the commissioner of natural resources.
Up to $54,000 may be retained by the
Department of Natural Resources at the
request of the Redwood Area Communities
Foundation for transaction costs, associated
professional services, and restoration needs.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(h) Native Prairie Stewardship and Native
Prairie Bank Acquisition
$500,000 the first year and $500,000 the
second year are from the trust fund to the
commissioner of natural resources to acquire
native prairie bank easements, prepare
baseline property assessments, restore and
enhance native prairie sites, and provide
technical assistance to landowners. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(i) Metropolitan Conservation Corridors
(MeCC) - Phase VI
$1,737,000 the first year and $1,738,000
the second year are from the trust fund
to the commissioner of natural resources
for the acceleration of agency programs
and cooperative agreements. Of this
appropriation, $150,000 the first year
and $150,000 the second year are to the
commissioner of natural resources for
agency programs and $3,175,000 is for the
agreements as follows: $100,000 the first
year and $100,000 the second year with
Friends of the Mississippi River; $517,000
the first year and $518,000 the second year
with Dakota County; $200,000 the first year
and $200,000 the second year with Great
River Greening; $220,000 the first year and
$220,000 the second year with Minnesota
Land Trust; $300,000 the first year and
$300,000 the second year with Minnesota
Valley National Wildlife Refuge Trust, Inc.;
and $250,000 the first year and $250,000
the second year with The Trust for Public
Land for planning, restoring, and protecting
priority natural areas in the metropolitan area,
as defined under Minnesota Statutes, section
473.121, subdivision 2, and portions of the
surrounding counties, through contracted
services, technical assistance, conservation
easements, and fee title acquisition. Land
acquired with this appropriation must
be sufficiently improved to meet at least
minimum management standards, as
determined by the commissioner of natural
resources. Expenditures are limited to the
identified project corridor areas as defined in
the work program. This appropriation may
not be used for the purchase of habitable
residential structures, unless specified in the
work program. All conservation easements
must be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation
unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than
fee title. A list of proposed restorations
and fee title and easement acquisitions
must be provided as part of the required
work program. An entity that acquires a
conservation easement with appropriations
from the trust fund must have a long-term
stewardship plan for the easement and a fund
established for monitoring and enforcing the
agreement as provided in subdivision 17.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(j) Habitat Conservation Partnership
(HCP) - Phase VII
$1,737,000 the first year and $1,738,000
the second year are from the trust fund
to the commissioner of natural resources
for the acceleration of agency programs
and cooperative agreements. Of this
appropriation, $125,000 the first year
and $125,000 the second year are to the
commissioner of natural resources for
agency programs and $3,225,000 is for
agreements as follows: $637,000 the first
year and $638,000 the second year with
Ducks Unlimited, Inc.; $38,000 the first year
and $37,000 the second year with Friends
of Detroit Lakes Wetland Management
District; $25,000 the first year and $25,000
the second year with Leech Lake Band of
Ojibwe; $225,000 the first year and $225,000
the second year with Minnesota Land Trust;
$200,000 the first year and $200,000 the
second year with Minnesota Valley National
Wildlife Refuge Trust, Inc.; $242,000 the
first year and $243,000 the second year
with Pheasants Forever, Inc.; and $245,000
the first year and $245,000 the second year
with The Trust for Public Land to plan,
restore, and acquire fragmented landscape
corridors that connect areas of quality habitat
to sustain fish, wildlife, and plants. The
United States Department of Agriculture,
Natural Resources Conservation Service,
is an authorized cooperating partner in the
appropriation. Expenditures are limited to
the project corridor areas as defined in the
work program. Land acquired with this
appropriation must be sufficiently improved
to meet at least minimum habitat and facility
management standards, as determined by
the commissioner of natural resources.
This appropriation may not be used for the
purchase of habitable residential structures,
unless specified in the work program. All
conservation easements must be perpetual
and have a natural resource management
plan. Any land acquired in fee title by
the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation
unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than
fee title. A list of proposed restorations
and fee title and easement acquisitions
must be provided as part of the required
work program. An entity that acquires a
conservation easement with appropriations
from the trust fund must have a long-term
stewardship plan for the easement and a fund
established for monitoring and enforcing the
agreement as provided in subdivision 17.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(k) Natural and Scenic Area Acquisition
Grants
$500,000 the first year and $500,000 the
second year are from the trust fund to the
commissioner of natural resources to provide
matching grants to local governments for
acquisition of natural and scenic areas, as
provided in Minnesota Statutes, section
85.019, subdivision 4a. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.
(l) Acceleration of Minnesota Conservation
Assistance
$313,000 the first year and $312,000 the
second year are from the trust fund to the
Board of Water and Soil Resources to provide
grants to soil and water conservation districts
to provide technical assistance to secure
enrollment and retention of private lands in
federal and state programs for conservation.
(m) Conservation Easement Stewardship
and Enforcement Program - Phase II
$250,000 the first year and $250,000 the
second year are from the trust fund to
the commissioner of natural resources to
accelerate the implementation of the Phase
I Conservation Easement Stewardship Plan
being developed with an appropriation
from Laws 2008, chapter 367, section 2,
subdivision 5, paragraph (h).
(n) Recovery of At-Risk Native Prairie
Species
$73,000 the first year and $74,000 the second
year are from the trust fund to the Board of
Water and Soil Resources for an agreement
with the Martin County Soil and Water
Conservation District to collect, propagate,
and plant declining, at-risk native species
on protected habitat and to enhance private
market sources for local ecotype native seed.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(o) Understanding Threats, Genetic
Diversity, and Conservation Options for
Wild Rice
$97,000 the first year and $98,000 the second
year are from the trust fund to the Board
of Regents of the University of Minnesota
to research the genetic diversity of wild
rice population throughout Minnesota for
use in related conservation and restoration
efforts. This appropriation is contingent upon
demonstration of review and cooperation
with the Native American tribal nations
in Minnesota. Equipment purchased with
this appropriation must be available for
future publicly funded projects at no charge
except for typical operating expenses. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(p) Southeast Minnesota Stream
Restoration
$125,000 the first year and $125,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Trout Unlimited to restore at
least four miles of riparian corridor for trout
and nongame species in southeast Minnesota
and increase local capacities to implement
stream restoration through training and
technical assistance. This appropriation is
available until June 30, 2014, by which time
the project must be completed and final
products delivered.
(q) Restoration Strategies for Ditched
Peatland Scientific and Natural Areas
$100,000 the first year and $100,000 the
second year are from the trust fund to the
commissioner of natural resources to evaluate
the hydrology and habitat of the Winter Road
Lake peatland watershed protection area to
determine the effects of ditch abandonment
and examine the potential for restoration
of patterned peatlands. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.
(r) Northeast Minnesota White Cedar
Plant Community Restoration
$125,000 for the first year and $125,000
the second year are from the trust fund to
the Board of Water and Soil Resources to
assess the decline of northern white cedar
plant communities in northeast Minnesota,
prioritize cedar sites for restoration, and
provide cedar restoration training to local
units of government.
(s) Land and Water Conservation Account
(LAWCON) Federal Reimbursement
$750,000 is from the state land and water
conservation account (LAWCON) in the
natural resources fund to the commissioner of
natural resources for priorities established by
the commissioner for eligible state projects
and administrative and planning activities
consistent with Minnesota Statutes, section
116P.14, and the federal Land and Water
Conservation Fund Act. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.

Subd. 5.Water Resources

778,000

779,000

(a) Itasca County Sensitive Lakeshore
Identification
$80,000 the first year and $80,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Itasca County Soil and Water
Conservation District to identify sensitive
lakeshore and restorable shoreline in Itasca
County. Up to $130,000 may be retained by
the Department of Natural Resources at the
request of Itasca County to provide technical
assistance.
(b) Trout Stream Springshed Mapping in
Southeast Minnesota - Phase III
$250,000 the first year and $250,000 the
second year are from the trust fund to
continue to identify and delineate water
supply areas and springsheds for springs
serving as cold water sources for trout
streams and to assess the impacts from
development and water appropriations. Of
this appropriation, $140,000 each year is to
the Board of Regents of the University of
Minnesota and $110,000 each year is to the
commissioner of natural resources.
(c) Mississippi River Water Quality
Assessment
$278,000 the first year and $279,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to assess water quality in the
Mississippi River using DNA sequencing
approaches and chemical analyses. The
assessments shall be incorporated into
a Web-based educational tool for use
in classrooms and public exhibits. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(d) Zumbro River Watershed Restoration
Prioritization
$75,000 the first year and $75,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the Zumbro Watershed
Partnership, Inc. to identify sources of
erosion and runoff in the Zumbro River
Watershed in order to prioritize restoration
and protection projects.
(e) Assessment of Minnesota River
Antibiotic Concentrations
$95,000 the first year and $95,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Saint Thomas University
in cooperation with Gustavus Adolphus
College and the University of Minnesota
to measure antibiotic concentrations and
antibiotic resistance levels at sites on the
Minnesota River.

Subd. 6.Aquatic and Terrestrial Invasive Species

435,000

435,000

(a) Improved Detection of Harmful
Microbes in Ballast Water
$125,000 the first year and $125,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota for the University of Minnesota
Duluth to identify and analyze potentially
harmful bacteria transported into Lake
Superior through ship ballast water
discharge. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(b) Emerald Ash Borer Biocontrol
Research and Implementation
$250,000 the first year and $250,000 the
second year are from the trust fund to the
commissioner of agriculture to assess a
biocontrol method for suppressing emerald
ash borers by testing bioagent winter survival
potential, developing release and monitoring
methods, and piloting implementation
of emerald ash borer biocontrol. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(c) Evaluation of Switchgrass as Biofuel
Crop
$60,000 the first year and $60,000 the second
year are from the trust fund to the Minnesota
State Colleges and Universities System for
Central Lakes College in cooperation with
the University of Minnesota to determine
the invasion risk of selectively bred
native grasses for biofuel production and
develop strategies to minimize the invasion
potential and impacts on biodiversity. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.

Subd. 7.Renewable Energy and Air Quality

75,000

75,000

Supporting Community-Driven
Sustainable Bioenergy Projects
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Dovetail Partners,
Inc. in cooperation with the University of
Minnesota to assess feasibility, impacts,
and management needs of community-scale
forest bioenergy systems through pilot
studies in Ely and Cook County and to
disseminate findings to inform related efforts
in other communities.

Subd. 8.Environmental Education

123,000

123,000

Youth-Led Renewable Energy and
Energy Conservation in West Central and
Southwest Minnesota
$123,000 the first year and $123,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Prairie Woods
Environmental Learning Center to initiate
youth-led renewable energy and conservation
projects in over 30 communities in west
central and southwest Minnesota.

Subd. 9.Emerging Issues

4,984,000

5,324,000

(a) Minnesota Conservation Apprentice
Academy
$100,000 the first year and $100,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
in cooperation with Conservation Corps
Minnesota to train and mentor future
conservation professionals by providing
apprenticeship service opportunities to
soil and water conservation districts. This
appropriation is available until June 30,
2014, by which time the project must be
completed and the final products delivered.
(b) Wild Rice Standards
$1,000,000 the first year is from the trust
fund to the commissioner of the Pollution
Control Agency for a wild rice standards
study. This appropriation is available until
June 30, 2015.
(c) Chronic Wasting Disease and Animal
Health
$600,000 the first year and $600,000 the
second year are from the trust fund to the
commissioner of natural resources to address
chronic wasting disease and accelerate
wildlife health programs.
(d) Aquatic Invasive Species
$1,822,000 the first year and $3,804,000
the second year are from the trust fund
to the commissioner of natural resources
to accelerate aquatic invasive species
programs, including the development
and implementation of best management
practices for public water access facilities
to implement aquatic invasive species
prevention strategies.
(e) Coon Rapids Dam
$442,000 the first year is from the trust fund
to the commissioner of natural resources
for a grant to Three Rivers Park District for
predesign and design of the Coon Rapids
Dam for improvements and to function as a
barrier to invasive fish.
(f) Accelerated Land Sales and Exchanges
$200,000 the first year is from the trust fund
to the commissioner of natural resources to
accelerate evaluation of the department's
land holdings and sell, exchange, and
acquire property more efficiently and
effectively to achieve the department's land
management goals in counties where public
land ownership exceeds 50 percent.
(g) Environment and Natural Resources
Trust Fund Land Management Account
$820,00 the first year and $820,000 the
second year are to the commissioner of
management and budget to be deposited
into the environment and natural resources
trust fund land management account within
the special revenue fund to be used to pay
for future restoration and enhancement of
lands purchased in fee with money from the
trust fund and held by the state and to make
the payments required under Minnesota
Statutes, sections 97A.061, subdivision 1,
and 477A.12.

Subd. 10.Administration and Contract Management

576,000

573,000

(a) Legislative-Citizen Commission on
Minnesota Resources (LCCMR)
$473,000 the first year and $473,000 the
second year are from the trust fund to the
LCCMR for administration as provided
in Minnesota Statutes, section 116P.09,
subdivision 5.
(b) Contract Management
$100,000 the first year and $100,000 the
second year are from the trust fund to
the commissioner of natural resources
for expenses incurred for contract fiscal
services for the agreements specified in this
section. The commissioner shall provide
documentation to the Legislative-Citizen
Commission on Minnesota Resources
on the expenditure of these funds. This
appropriation is available until June 30, 2014.
(c) LCC Web Site
$3,000 in the first year is appropriated to the
Legislative Coordinating Commission for
the Web site required in Minnesota Statutes,
section 3.303, subdivision 10.

Subd. 11.Availability of Appropriations

Money appropriated in this section may
not be spent on activities unless they are
directly related to the specific appropriation
and are specified in the work program.
Money appropriated in this section must
not be spent on indirect costs or other
institutional overhead charges. Unless
otherwise provided, the amounts in this
section are available until June 30, 2013,
when projects must be completed and final
products delivered. For acquisition of real
property, the amounts in this section are
available until June 30, 2014, if a binding
contract is entered into by June 30, 2013,
and closed not later than June 30, 2014. If
a project receives a federal grant, the time
period of the appropriation is extended to
equal the federal grant period.

Subd. 12. Data Availability Requirements

Data collected by the projects funded under
this section must conform to guidelines and
standards adopted by the Office of Enterprise
Technology. Spatial data also must conform
to additional guidelines and standards
designed to support data coordination and
distribution that have been published by the
Minnesota Geospatial Information Office.
Descriptions of spatial data must be prepared
as specified in the state's geographic metadata
guideline and must be submitted to the
Minnesota Geospatial Information Office.
All data must be accessible and free to the
public unless made private under the Data
Practices Act, Minnesota Statutes, chapter
13.
To the extent practicable, summary data and
results of projects funded under this section
should be readily accessible on the Internet
and identified as an environment and natural
resources trust fund project.

Subd. 13.Project Requirements

(a) As a condition of accepting an
appropriation under this section, any agency
or entity receiving an appropriation or a
party to an agreement from an appropriation
must comply with paragraphs (b) to (k) and
Minnesota Statutes, chapter 116P, and must
submit a work program and semiannual
progress reports in the form determined
by the Legislative-Citizen Commission on
Minnesota Resources for any project funded
in whole or in part with funds from the
appropriation.
(b) For all restorations conducted with money
appropriated under this section, a recipient
must prepare an ecological restoration
and management plan that, to the degree
practicable, is consistent with the highest
quality conservation and ecological goals for
the restoration site. Consideration should
be given to soil, geology, topography, and
other relevant factors that would provide
the best chance for long-term success of the
restoration projects. The plan must include
the proposed timetable for implementing
the restoration, including site preparation,
establishment of diverse plant species,
maintenance, and additional enhancement to
establish the restoration; identify long-term
maintenance and management needs of
the restoration and how the maintenance,
management, and enhancement will be
financed; and take advantage of the best
available science and include innovative
techniques to achieve the best restoration.
(c) Any entity receiving an appropriation in
this section for restoration activities must
provide an initial restoration evaluation
at the completion of the appropriation
and an evaluation three years beyond the
completion of the expenditure. Restorations
must be evaluated relative to the stated
goals and standards in the restoration plan,
current science, and, when applicable, the
Board of Water and Soil Resources' native
vegetation establishment and enhancement
guidelines. The evaluation shall determine
whether the restorations are meeting planned
goals, identify any problems with the
implementation of the restorations, and,
if necessary, give recommendations on
improving restorations. The evaluation shall
be focused on improving future restorations.
(d) Except as otherwise provided in this
section, all restoration and enhancement
projects funded with money appropriated in
this section must be on land permanently
protected by a conservation easement or
public ownership or in public waters as
defined in Minnesota Statutes, section
103G.005, subdivision 15.
(e) A recipient of money from an
appropriation under this section must
give consideration to contracting with
Conservation Corps Minnesota or its
successor for contract restoration and
enhancement services.
(f) All conservation easements acquired with
money appropriated under this section must:
(1) be perpetual;
(2) specify the parties to an easement in the
easement;
(3) specify all of the provisions of an
agreement that are perpetual;
(4) be sent to the Office of the
Legislative-Citizen Commission on
Minnesota Resources in an electronic format;
(5) include a long-term monitoring and
enforcement plan and funding for monitoring
and enforcing the easement agreement; and
(6) include requirements in the easement
document to address specific water quality
protection activities such as keeping water
on the landscape, reducing nutrient and
contaminant loading, protecting groundwater,
and not permitting artificial hydrological
modifications.
(g) For any acquisition of land or interest in
land, a recipient of money appropriated under
this section must give priority to high quality
natural resources or conservation lands that
provide natural buffers to water resources.
(h) For new lands acquired with money
appropriated under this section, a recipient
must prepare a restoration and management
plan in compliance with paragraph
(b), including sufficient funding for
implementation unless the work program
addresses why a portion of the money is
not necessary to achieve a high-quality
restoration.
(i) To the extent an appropriation is used to
acquire an interest in real property, a recipient
of an appropriation under this section must
provide to the Legislative-Citizen
Commission on Minnesota Resources and
the commissioner of management and budget
an analysis of increased operations and
maintenance costs likely to be incurred by
public entities as a result of the acquisition
and how these costs are to be paid.
(j) To ensure public accountability for the
use of public funds, a recipient of money
appropriated under this section must provide
to the Legislative-Citizen Commission on
Minnesota Resources documentation of the
selection process used to identify parcels
acquired and provide documentation of all
related transaction costs, including but not
limited to appraisals, legal fees, recording
fees, commissions, other similar costs,
and donations. This information must be
provided for all parties involved in the
transaction. The recipient must also report
to the Legislative-Citizen Commission on
Minnesota Resources any difference between
the acquisition amount paid to the seller
and the state-certified or state-reviewed
appraisal, if a state-certified or state-reviewed
appraisal was conducted. Acquisition data
such as appraisals may remain private
during negotiations but must ultimately
be made public according to Minnesota
Statutes, chapter 13. The Legislative-Citizen
Commission on Minnesota Resources shall
review the requirement in this paragraph
and provide a recommendation on whether
to continue or modify the requirement in
future years. The commission may waive
the application of this paragraph for specific
projects.
(k) A recipient of an appropriation from
the trust fund under this section must
acknowledge financial support from the
Minnesota environment and natural resources
trust fund in project publications, signage,
and other public communications and
outreach related to work completed using the
appropriation. Acknowledgment may occur,
as appropriate, through use of the trust fund
logo or inclusion of language attributing
support from the trust fund.

Subd. 14.Payment Conditions and Capital Equipment Expenditures

All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1,
2011, or the date specified in the work
program, whichever is later, are eligible for
reimbursement unless otherwise provided
in this section. Periodic payment must be
made upon receiving documentation that
the deliverable items articulated in the work
program have been achieved, including
partial achievements as evidenced by
progress reports. Reasonable amounts may
be advanced to projects to accommodate
cash flow needs or match federal money.
The advances must be specified in the
work program. No expenditures for capital
equipment are allowed unless specified in
the work program.

Subd. 15.Purchase of Recycled and Recyclable Materials

A political subdivision, public or private
corporation, or other entity that receives an
appropriation under this section must use the
appropriation in compliance with Minnesota
Statutes, section 16B.121, regarding
purchase of recycled, repairable, and durable
materials; and Minnesota Statutes, section
16B.122, regarding purchase and use of
paper stock and printing.

Subd. 16.Energy Conservation and Sustainable Building Guidelines

A recipient to whom an appropriation is made
under this section for a capital improvement
project must ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted under those
sections. The recipient may use the energy
planning, advocacy, and State Energy Office
units of the Department of Commerce to
obtain information and technical assistance
on energy conservation and alternative
energy development relating to the planning
and construction of the capital improvement
project.

Subd. 17.Easement Monitoring and Enforcement Requirements

Money appropriated under this section and
adjustments made under subdivision 20 for
easement monitoring and enforcement may
be spent only on activities included in an
easement monitoring and enforcement plan
contained within the work program. Money
received for monitoring and enforcement,
including earnings on the money received,
shall be kept in a monitoring and enforcement
fund held by the organization and dedicated
to monitoring and enforcing conservation
easements within Minnesota. Within 120
days after the close of the entity's fiscal
year, an entity receiving appropriations
for easement monitoring and enforcement
must provide an annual financial report
to the Legislative-Citizen Commission
on Minnesota Resources on the easement
monitoring and enforcement fund as specified
in the work program. Money appropriated
under this section for monitoring and
enforcement of easements and earnings on
the money appropriated shall revert to the
state if:
(1) the easement transfers to the state;
(2) the holder of the easement fails to file
an annual report and then fails to cure that
default within 30 days of notification of the
default by the state; or
(3) the holder of the easement fails to
comply with the terms of the monitoring and
enforcement plan contained within the work
program and fails to cure that default within
90 days of notification of the default by the
state.

Subd. 18.Accessibility

Structural and nonstructural facilities must
meet the design standards in the Americans
with Disabilities Act (ADA) accessibility
guidelines.

Subd. 19.Carryforward

(a) The availability of the appropriation for
the following projects is extended to June
30, 2012:
(1) Laws 2008, chapter 367, section
2, subdivision 4, paragraph (f), Native
Shoreland Buffer Incentives Program;
(2) Laws 2008, chapter 367, section 2,
subdivision 4, paragraph (g), Southeast
Minnesota Stream Restoration Projects;
(3) Laws 2009, chapter 143, section 2,
subdivision 4, paragraph (a), State Park
Acquisition;
(4) Laws 2009, chapter 143, section 2,
subdivision 4, paragraph (b), State Trail
Acquisition;
(5) Laws 2009, chapter 143, section 2,
subdivision 6, paragraph (c), Improving
Emerging Fish Disease Surveillance in
Minnesota; and
(6) Laws 2009, chapter 143, section 2,
subdivision 8, paragraph (a), Contract
Management.
(b) The availability of the appropriation for
the following project is extended to June 30,
2013:
(1) Laws 2010, chapter 362, section 2,
subdivision 8, paragraph (f), Expanding
Outdoor Classrooms at Minnesota Schools;
and
(2) Laws 2010, chapter 362, section 2,
subdivision 8, paragraph (g), Integrating
Environmental and Outdoor Education in
Grades 7-12.

Subd. 20.Appropriations Adjustment

(a) Metropolitan Conservation Corridors
(1) Of the amount appropriated in Laws
2003, chapter 128, article 1, section 9,
subdivision 5, paragraph (b), $48,000 is for
deposit in a monitoring and enforcement
account as authorized in subdivision 17.
(2) Of the amount appropriated in Laws
2005, First Special Session chapter 1, article
2, section 11, subdivision 5, paragraph
(b), $49,000 is for deposit in a monitoring
and enforcement account as authorized in
subdivision 17.
(3) Of the amount appropriated in Laws
2007, chapter 30, section 2, subdivision
4, paragraph (c), $59,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(4) Of the amount appropriated in Laws
2008, chapter 367, section 2, subdivision
3, paragraph (a), $42,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(5) Of the amount appropriated in Laws
2009, chapter 143, section 2, subdivision
4, paragraph (f), $80,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(6) Of the amount appropriated in Laws
2010, chapter 362, section 2, subdivision
4, paragraph (g), $10,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(b) Habitat Conservation Partnership
(1) Of the amount appropriated in Laws
2001, First Special Session chapter 2, section
14, subdivision 4, paragraph (e), $288,000 is
for deposit in a monitoring and enforcement
account as authorized in subdivision 17.
(2) Of the amount appropriated in Laws
2003, chapter 128, article 1, section 9,
subdivision 5, paragraph (a), up to $78,000 is
for deposit in a monitoring and enforcement
account as authorized in subdivision 17.
(3) Of the amount appropriated in Laws
2005, First Special Session chapter 1, section
11, subdivision 5, paragraph (a), $25,000 is
for deposit in a monitoring and enforcement
account as authorized in subdivision 17.
(4) Of the amount appropriated in Laws
2007, chapter 30, section 2, subdivision
4, paragraph (b), $69,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(5) Of the amount appropriated in Laws
2008, chapter 367, section 2, subdivision
3, paragraph (c), $66,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(6) Of the amount appropriated in Laws
2009, chapter 143, section 2, subdivision
4, paragraph (e), $60,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(7) Of the amount appropriated in Laws
2010, chapter 362, section 2, subdivision
4, paragraph (f), $30,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(c) Preserving the Avon Hills Landscape
Of the amount appropriated in Laws 2008,
chapter 367, section 2, subdivision 3,
paragraph (d), $120,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 17.
(d) New Models for Land-Use Planning
Of the amount appropriated in Laws 1997,
chapter 216, section 15, subdivision 9,
paragraph (d), up to $33,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 17.
(e) Conservation-Based Development
Program
Of the amount appropriated in Laws 1999,
chapter 231, section 16, subdivision 8,
paragraph (e), $5,000 is for deposit in a
monitoring and enforcement account as
authorized in subdivision 17.

    Sec. 3. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
    Subdivision 1. Designated agency. The Department of Natural Resources
is designated as the state agency to apply for, accept, receive, and disburse federal
reimbursement funds and private funds that are granted to the state of Minnesota from
section 6 of the federal Land and Water Conservation Fund Act.
    Subd. 2. State land and water conservation account. A state land and water
conservation account is created in the natural resources fund. All of the money made
available to the state from funds granted under subdivision 1 shall be deposited in the
state land and water conservation account.
    Subd. 3. Local share. Fifty percent of all money made available to the state
from funds granted under subdivision 1 shall be distributed for projects to be acquired,
developed, and maintained by local units of government, provided that any project
approved is consistent with a statewide or a county or regional recreational plan and
compatible with the statewide recreational plan. All money received by the commissioner
for local units of government is appropriated annually to carry out the purposes for which
the funds are received.
    Subd. 4. State share. Fifty percent of the money made available to the state from
funds granted under subdivision 1 shall be used for state land acquisition and development
for the state outdoor recreation system under chapter 86A and the administrative expenses
necessary to maintain eligibility for the federal land and water conservation fund.

    Sec. 4. Minnesota Statutes 2010, section 116P.04, is amended by adding a subdivision
to read:
    Subd. 6. Environment and natural resources trust fund land management
account. An environment and natural resources trust fund land management account is
created as an account in the special revenue fund. The State Board of Investment shall
ensure the account is invested under section 11A.24. The commissioner of management
and budget shall credit to the account all money appropriated to the account and all money
earned by the account. The principal of the account and any unexpended earnings must
be invested and reinvested by the State Board of Investment. Nothing in this section
limits the source of contributions to the account. No more than five and one-half percent
of the market value of the account as of June 30 of the prior fiscal year is appropriated
to the commissioner of natural resources to pay for future restoration and enhancement
of lands purchased in fee with money from the environment and natural resources trust
fund and held by the state and to reimburse the general fund for payments made under
sections 97A.061, subdivision 1, and 477A.12 for lands purchased with funds from the
environment and natural resources trust fund.

    Sec. 5. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
    Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
legislative bill for appropriations from the environment and natural resources trust fund and
shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
legislative bill requires an affirmative vote of at least 12 members of the commission.
(b) The commission shall recommend expenditures to the legislature from the state
land and water conservation account in the natural resources fund.
(c) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section
4.071, subdivision 2, that the agency or entity receiving the appropriation must submit
a work program and semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
reporting requirements under section 116P.16. None of the money provided may be spent
unless the commission has approved the pertinent work program.
(d) (c) The peer review panel created under section 116P.08 must also review,
comment, and report to the commission on research proposals applying for an
appropriation from the oil overcharge money under section 4.071, subdivision 2.
(e) (d) The commission may adopt operating procedures to fulfill its duties under
this chapter.
(f) (e) As part of the operating procedures, the commission shall:
(1) ensure that members' expectations are to participate in all meetings related to
funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based
on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as
possible; and
(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.

    Sec. 6. Minnesota Statutes 2010, section 290.431, is amended to read:
290.431 NONGAME WILDLIFE CHECKOFF.
Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into the
nongame wildlife management account. The sum of the amounts so designated to be paid
shall be credited to the nongame wildlife management account for use by the nongame
program in the Department of Natural Resources. All interest earned on money accrued,
gifts to the program, contributions to the program, and reimbursements of expenditures
in the nongame wildlife management account shall be credited to the account by the
commissioner of management and budget, except that gifts or contributions received
directly by the commissioner of natural resources and directed by the contributor for
use in specific nongame field projects or geographic areas shall be handled according to
section 84.085, subdivision 1. The commissioner of natural resources shall submit a work
program for each fiscal year and semiannual progress reports to the Legislative-Citizen
Commission on Minnesota Resources in the form determined by the commission.
The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.

    Sec. 7. Minnesota Statutes 2010, section 290.432, is amended to read:
290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise
be payable by or to that corporation and paid into the nongame wildlife management
account established by section 290.431 for use by the Department of Natural Resources
for its nongame wildlife program. The commissioner of revenue shall, on the corporate
tax return, notify filers of their right to designate that a portion of their tax return be paid
into the nongame wildlife management account for the protection of endangered natural
resources. All interest earned on money accrued, gifts to the program, contributions to
the program, and reimbursements of expenditures in the nongame wildlife management
account shall be credited to the account by the commissioner of management and budget,
except that gifts or contributions received directly by the commissioner of natural
resources and directed by the contributor for use in specific nongame field projects or
geographic areas shall be handled according to section 84.085, subdivision 1. The
commissioner of natural resources shall submit a work program for each fiscal year to
the Legislative-Citizen Commission on Minnesota Resources in the form determined
by the commission.
The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.

    Sec. 8. REPEALER.
Minnesota Statutes 2010, sections 84.027, subdivision 11; 116P.09, subdivision 4;
and 116P.14, are repealed.