Bill Text: MN HF1097 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pesticide control, peatland protection, fees and fee disposition, invasive species provisions, cash match requirements, state water trails and waysides, Mineral Coordinating Committee, watercraft titling, special vehicle use on roadways, oxygenated gasoline requirements, Water Law, local ordinance requirements, waste management provisions, landfill cleanup program, and environmental review requirements modified; citizen oversight committees provided; adopt-a-WMA program created; dual registration of motorcycles and disposition of fees provided; nonresident off-road vehicle state trail pass required; and money appropriated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-11 - HF indefinitely postponed [HF1097 Detail]
Download: Minnesota-2011-HF1097-Engrossed.html
Bill Title: Pesticide control, peatland protection, fees and fee disposition, invasive species provisions, cash match requirements, state water trails and waysides, Mineral Coordinating Committee, watercraft titling, special vehicle use on roadways, oxygenated gasoline requirements, Water Law, local ordinance requirements, waste management provisions, landfill cleanup program, and environmental review requirements modified; citizen oversight committees provided; adopt-a-WMA program created; dual registration of motorcycles and disposition of fees provided; nonresident off-road vehicle state trail pass required; and money appropriated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-11 - HF indefinitely postponed [HF1097 Detail]
Download: Minnesota-2011-HF1097-Engrossed.html
1.2relating to natural resources; providing for certain acquisition by exchange;
1.3modifying peatland protection; modifying provisions for recreational vehicles;
1.4modifying cash match requirement for local recreation grants; modifying Mineral
1.5Coordinating Committee; providing for citizen oversight committees; repealing
1.6Blakeley State Wayside; appropriating money;amending Minnesota Statutes
1.72010, sections 84.033, subdivision 1; 84.035, subdivision 6; 84.925, subdivision
1.81; 85.018, subdivision 5; 85.019, subdivisions 4b, 4c; 93.0015, subdivisions 1,
1.93; 97A.055, subdivision 4b; repealing Minnesota Statutes 2010, section 85.013,
1.10subdivision 2b.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
1.13 Subdivision 1. Acquisition; designation. The commissioner of natural resources
1.14may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
1.15under chapter 117, in the name of the state, lands or any interest in lands suitable and
1.16desirable for establishing and maintaining scientific and natural areas. The commissioner
1.17shall designate any land so acquired as a scientific and natural area by written order
1.18published in the State Register and shall administer any land so acquired and designated as
1.19provided by section86A.05 . Designations of scientific and natural areas are exempt from
1.20the rulemaking provisions of chapter 14 and section14.386 does not apply.
1.21 Sec. 2. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
1.22 Subd. 6. Management plans. The commissioner shall develop in consultation with
1.23the affected local government unit a management plan for each peatland scientific and
1.24natural area designated under section84.036 in a manner prescribed by section
86A.09
1.25The management plan shall address recreational trails. In those peatland scientific
1.26and natural areas where no corridor of disturbance was used as a recreational trail on or
2.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
2.2peatland scientific and natural area, to be used as a recreational motorized trail.
2.3 Sec. 3. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
2.4 Subdivision 1. Program established. (a) The commissioner shall establish a
2.5comprehensive all-terrain vehicle environmental and safety education and training
2.6program, including the preparation and dissemination of vehicle information and safety
2.7advice to the public, the training of all-terrain vehicle operators, and the issuance of
2.8all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
2.9successfully complete the all-terrain vehicle environmental and safety education and
2.10training course.
2.11(b) For the purpose of administering the program and to defraya portion of the
2.12expenses of training and certifying vehicle operators, the commissioner shall collect a fee
2.13of $15 from each person who receives the training. The commissioner shall collect a fee,
2.14to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
2.15safety certificate. The commissioner shall establishthe fee for a duplicate all-terrain
2.16vehicle safety certificate both fees in a manner that neither significantly overrecovers
2.17nor underrecovers costs, including overhead costs, involved in providing theservice
2.18services. The fees are not subject to the rulemaking provisions of chapter 14 and section
2.1914.386 does not apply. The fees may be established by the commissioner notwithstanding
2.20section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
2.21subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
2.22fund and the amount thereof, except for the electronic licensing system commission
2.23established by the commissioner under section 84.027, subdivision 15, and issuing fees
2.24collected by the commissioner, is appropriated annually to the Enforcement Division of
2.25the Department of Natural Resources for the administration of such programs. In addition
2.26to the fee established by the commissioner, instructors may charge each person up to the
2.27established fee amount for class materials and expenses.
2.28(c) The commissioner shall cooperate with private organizations and associations,
2.29private and public corporations, and local governmental units in furtherance of the
2.30program established under this section. School districts may cooperate with the
2.31commissioner and volunteer instructors to provide space for the classroom portion of the
2.32training. The commissioner shall consult with the commissioner of public safety in regard
2.33to training program subject matter and performance testing that leads to the certification
2.34of vehicle operators.By June 30, 2003, The commissioner shall incorporate a riding
2.35component in the safety education and training program.
3.1 Sec. 4. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
3.2 Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
3.3any year no use of a motorized vehicle other than a snowmobile, unless authorized by
3.4permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
3.5(b)From December 1 to April 1 in any year No use of a motorized vehicle other
3.6than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
3.7by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
3.8vehicles, off-road vehicles, or both, and off-highway motorcycles.
3.9 Sec. 5. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
3.10 Subd. 4b. Regional trails. The commissioner shall administer a program to
3.11provide grants to units of government for acquisition and betterment of public land and
3.12improvements needed for trails outside the metropolitan area deemed to be of regional
3.13significance according to criteria published by the commissioner. Recipients must provide
3.14a nonstate cash match of at leastone-half 25 percent of total eligible project costs. If
3.15land used for the trails is not in full public ownership, then the recipients must prove it
3.16is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
3.17make payment to a unit of government upon receiving documentation of reimbursable
3.18expenditures. A unit of government may enter into a lease or management agreement
3.19for the trail, subject to section16A.695 .
3.20 Sec. 6. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
3.21 Subd. 4c. Trail connections. The commissioner shall administer a program to
3.22provide grants to units of government for acquisition and betterment of public land and
3.23improvements needed for trails that connect communities, trails, and parks and thereby
3.24increase the effective length of trail experiences. Recipients must provide a nonstate cash
3.25match of at leastone-half 25 percent of total eligible project costs. If land used for the
3.26trails is not in full public ownership, then the recipients must prove it is dedicated to the
3.27purposes of the grants for at least 20 years. The commissioner shall make payment to a
3.28unit of government upon receiving documentation of reimbursable expenditures. A unit
3.29of government may enter into a lease or management agreement for the trail, subject
3.30to section16A.695 .
3.31 Sec. 7. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
4.1 Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
4.2is established to plan for diversified mineral development. The Mineral Coordinating
4.3Committee consists of:
4.4(1) the commissioner of natural resources;
4.5(2) thedeputy commissioner of the Minnesota Pollution Control Agency;
4.6(3) the director of United Steelworkers of America, District 11, or the director's
4.7designee;
4.8(4) (3) the commissioner of Iron Range resources and rehabilitation;
4.9(5) (4) the director of the Minnesota Geological Survey;
4.10(6) (5) the dean of the University of Minnesota Institute of Technology;
4.11(7) (6) the director of the Natural Resources Research Institute; and
4.12(8) three (7) four individuals appointed by the governor for a four-year term, one
4.13each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
4.14minerals industries within the state and one representing labor.
4.15 Sec. 8. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
4.16 Subd. 3. Expiration. Notwithstanding section15.059, subdivision 5 , or other law to
4.17the contrary, the committee expires June 30,2011 2016.
4.18 Sec. 9. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
4.19 Subd. 4b. Citizen oversightsubcommittees committees. (a) The commissioner
4.20shall appointsubcommittees committees of affected persons to review the reports
4.21prepared under subdivision 4; review the proposed work plans and budgets for the coming
4.22year; propose changes in policies, activities, and revenue enhancements or reductions;
4.23review other relevant information; and make recommendations to the legislature and
4.24the commissioner for improvements in the management and use of money in the game
4.25and fish fund.
4.26 (b) The commissioner shall appoint the followingsubcommittees committees, each
4.27comprised of at leastthree ten affected persons:
4.28 (1) a FisheriesOperations Subcommittee Oversight Committee to review fisheries
4.29funding and expenditures,excluding including activities related to trout and salmon stamp
4.30stamps and walleyestamp funding stamps; and
4.31 (2) a WildlifeOperations Subcommittee Oversight Committee to review wildlife
4.32funding and expenditures,excluding including activities related to migratory waterfowl,
4.33pheasant, and wild turkey managementfunding and excluding review of the amounts
5.1available under section
97A.075, subdivision 1, paragraphs (b) and (c); deer and big
5.2game management.
5.3(3) a Big Game Subcommittee to review the report required in subdivision 4,
5.4paragraph (a), clause (2);
5.5(4) an Ecological Resources Subcommittee to review ecological services funding;
5.6(5) a subcommittee to review game and fish fund funding of enforcement and
5.7operations support;
5.8(6) a subcommittee to review the trout and salmon stamp report and address funding
5.9issues related to trout and salmon;
5.10(7) a subcommittee to review the report on the migratory waterfowl stamp and
5.11address funding issues related to migratory waterfowl;
5.12(8) a subcommittee to review the report on the pheasant stamp and address funding
5.13issues related to pheasants;
5.14(9) a subcommittee to review the report on the wild turkey management account and
5.15address funding issues related to wild turkeys; and
5.16(10) a subcommittee to review the walleye stamp and address funding issues related
5.17to walleye stocking.
5.18 (c) The chairsof each of the subcommittees Fisheries Oversight Committee and the
5.19Wildlife Oversight Committee, and four additional members from each committee, shall
5.20form a Budgetary Oversight Committee to coordinate the integration of thesubcommittee
5.21fisheries and wildlife oversight committee reports into an annual report to the legislature;
5.22recommend changes on a broad level in policies, activities, and revenue enhancements or
5.23reductions; and provide a forum to address issues that transcend thesubcommittees; and
5.24submit a report for any subcommittee that fails to submit its report in a timely manner
5.25fisheries and wildlife oversight committees.
5.26 (d) The Budgetary Oversight Committee shall develop recommendations for a
5.27biennial budget plan and report for expenditures on game and fish activities. By August 15
5.28of each even-numbered year, the committee shall submit the budget plan recommendations
5.29to the commissioner and to the senate and house of representatives committees with
5.30jurisdiction over natural resources finance.
5.31 (e)Each subcommittee shall choose its own chair, except that The chairs of the
5.32Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
5.33by their respective committees. The chair of the Budgetary Oversight Committee shall
5.34be appointed by the commissioner and may not be the chair ofany of the subcommittees
5.35either of the other oversight committees.
6.1 (f) The Budgetary Oversight Committeemust may make recommendations to the
6.2commissioner and to the senate and house of representatives committees with jurisdiction
6.3over natural resources finance for outcome goals from expenditures.
6.4 (g) Notwithstanding section15.059, subdivision 5 , or other law to the contrary, the
6.5Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
6.6Oversight Committeeand subcommittees do not expire until June 30, 2010 2015.
6.7 Sec. 10. REPEALER.
6.8Minnesota Statutes 2010, section 85.013, subdivision 2b, is repealed.
1.3modifying peatland protection; modifying provisions for recreational vehicles;
1.4modifying cash match requirement for local recreation grants; modifying Mineral
1.5Coordinating Committee; providing for citizen oversight committees; repealing
1.6Blakeley State Wayside; appropriating money;amending Minnesota Statutes
1.72010, sections 84.033, subdivision 1; 84.035, subdivision 6; 84.925, subdivision
1.81; 85.018, subdivision 5; 85.019, subdivisions 4b, 4c; 93.0015, subdivisions 1,
1.93; 97A.055, subdivision 4b; repealing Minnesota Statutes 2010, section 85.013,
1.10subdivision 2b.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
1.13 Subdivision 1. Acquisition; designation. The commissioner of natural resources
1.14may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
1.15under chapter 117, in the name of the state, lands or any interest in lands suitable and
1.16desirable for establishing and maintaining scientific and natural areas. The commissioner
1.17shall designate any land so acquired as a scientific and natural area by written order
1.18published in the State Register and shall administer any land so acquired and designated as
1.19provided by section
1.20the rulemaking provisions of chapter 14 and section
1.21 Sec. 2. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
1.22 Subd. 6. Management plans. The commissioner shall develop in consultation with
1.23the affected local government unit a management plan for each peatland scientific and
1.24natural area designated under section
1.25The management plan shall address recreational trails. In those peatland scientific
1.26and natural areas where no corridor of disturbance was used as a recreational trail on or
2.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each
2.2peatland scientific and natural area, to be used as a recreational motorized trail.
2.3 Sec. 3. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
2.4 Subdivision 1. Program established. (a) The commissioner shall establish a
2.5comprehensive all-terrain vehicle environmental and safety education and training
2.6program, including the preparation and dissemination of vehicle information and safety
2.7advice to the public, the training of all-terrain vehicle operators, and the issuance of
2.8all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
2.9successfully complete the all-terrain vehicle environmental and safety education and
2.10training course.
2.11(b) For the purpose of administering the program and to defray
2.12expenses of training and certifying vehicle operators, the commissioner shall collect a fee
2.13
2.14to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
2.15safety certificate. The commissioner shall establish
2.16
2.17nor underrecovers costs, including overhead costs, involved in providing the
2.18services. The fees are not subject to the rulemaking provisions of chapter 14 and section
2.1914.386 does not apply. The fees may be established by the commissioner notwithstanding
2.20section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
2.21subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
2.22fund and the amount thereof, except for the electronic licensing system commission
2.23established by the commissioner under section 84.027, subdivision 15, and issuing fees
2.24collected by the commissioner, is appropriated annually to the Enforcement Division of
2.25the Department of Natural Resources for the administration of such programs. In addition
2.26to the fee established by the commissioner, instructors may charge each person up to the
2.27established fee amount for class materials and expenses.
2.28(c) The commissioner shall cooperate with private organizations and associations,
2.29private and public corporations, and local governmental units in furtherance of the
2.30program established under this section. School districts may cooperate with the
2.31commissioner and volunteer instructors to provide space for the classroom portion of the
2.32training. The commissioner shall consult with the commissioner of public safety in regard
2.33to training program subject matter and performance testing that leads to the certification
2.34of vehicle operators.
2.35component in the safety education and training program.
3.1 Sec. 4. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
3.2 Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in
3.3any year no use of a motorized vehicle other than a snowmobile, unless authorized by
3.4permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
3.5(b)
3.6than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
3.7by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
3.8vehicles, off-road vehicles, or both, and off-highway motorcycles.
3.9 Sec. 5. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
3.10 Subd. 4b. Regional trails. The commissioner shall administer a program to
3.11provide grants to units of government for acquisition and betterment of public land and
3.12improvements needed for trails outside the metropolitan area deemed to be of regional
3.13significance according to criteria published by the commissioner. Recipients must provide
3.14a nonstate cash match of at least
3.15land used for the trails is not in full public ownership, then the recipients must prove it
3.16is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
3.17make payment to a unit of government upon receiving documentation of reimbursable
3.18expenditures. A unit of government may enter into a lease or management agreement
3.19for the trail, subject to section
3.20 Sec. 6. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
3.21 Subd. 4c. Trail connections. The commissioner shall administer a program to
3.22provide grants to units of government for acquisition and betterment of public land and
3.23improvements needed for trails that connect communities, trails, and parks and thereby
3.24increase the effective length of trail experiences. Recipients must provide a nonstate cash
3.25match of at least
3.26trails is not in full public ownership, then the recipients must prove it is dedicated to the
3.27purposes of the grants for at least 20 years. The commissioner shall make payment to a
3.28unit of government upon receiving documentation of reimbursable expenditures. A unit
3.29of government may enter into a lease or management agreement for the trail, subject
3.30to section
3.31 Sec. 7. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
4.1 Subdivision 1. Establishment; membership. The Mineral Coordinating Committee
4.2is established to plan for diversified mineral development. The Mineral Coordinating
4.3Committee consists of:
4.4(1) the commissioner of natural resources;
4.5(2) the
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
4.14minerals industries within the state and one representing labor.
4.15 Sec. 8. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
4.16 Subd. 3. Expiration. Notwithstanding section
4.17the contrary, the committee expires June 30,
4.18 Sec. 9. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
4.19 Subd. 4b. Citizen oversight
4.20shall appoint
4.21prepared under subdivision 4; review the proposed work plans and budgets for the coming
4.22year; propose changes in policies, activities, and revenue enhancements or reductions;
4.23review other relevant information; and make recommendations to the legislature and
4.24the commissioner for improvements in the management and use of money in the game
4.25and fish fund.
4.26 (b) The commissioner shall appoint the following
4.27comprised of at least
4.28 (1) a Fisheries
4.29funding and expenditures,
4.30stamps and walleye
4.31 (2) a Wildlife
4.32funding and expenditures,
4.33pheasant, and wild turkey management
5.1
5.2game management.
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18 (c) The chairs
5.19Wildlife Oversight Committee, and four additional members from each committee, shall
5.20form a Budgetary Oversight Committee to coordinate the integration of the
5.21fisheries and wildlife oversight committee reports into an annual report to the legislature;
5.22recommend changes on a broad level in policies, activities, and revenue enhancements or
5.23reductions; and provide a forum to address issues that transcend the
5.24
5.25fisheries and wildlife oversight committees.
5.26 (d) The Budgetary Oversight Committee shall develop recommendations for a
5.27biennial budget plan and report for expenditures on game and fish activities. By August 15
5.28of each even-numbered year, the committee shall submit the budget plan recommendations
5.29to the commissioner and to the senate and house of representatives committees with
5.30jurisdiction over natural resources finance.
5.31 (e)
5.32Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
5.33by their respective committees. The chair of the Budgetary Oversight Committee shall
5.34be appointed by the commissioner and may not be the chair of
5.35either of the other oversight committees.
6.1 (f) The Budgetary Oversight Committee
6.2commissioner and to the senate and house of representatives committees with jurisdiction
6.3over natural resources finance for outcome goals from expenditures.
6.4 (g) Notwithstanding section
6.5Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
6.6Oversight Committee
6.7 Sec. 10. REPEALER.
6.8Minnesota Statutes 2010, section 85.013, subdivision 2b, is repealed.
