Bill Text: MN HF2164 | 2011-2012 | 87th Legislature | Chaptered
Bill Title: Omnibus environment and natural resources bill.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-05-07 - Secretary of State Chapter 272 05/03/12 [HF2164 Detail]
Download: Minnesota-2011-HF2164-Chaptered.html
CHAPTER 272--H.F.No. 2164
An act
relating to natural resources; providing for certain advisory inspections; providing for apprentice riders; modifying aquatic invasive species provisions;
modifying local government trail authority; modifying enforcement provisions;
providing for public grazing program; modifying prior appropriations; modifying
and eliminating certain reporting, plan, and meeting requirements; eliminating
loan program; modifying La Salle Lake State Recreation Area administration;
modifying Water Law; modifying disposition of certain receipts; modifying local
standard provisions for subsurface sewage treatment systems; modifying waste
management provisions; modifying certain environmental review requirements;
modifying certain environmental law; extending prohibition on new open air
swine basins; authorizing and clarifying the use of general permits; modifying
state park permit provisions; requiring reports and studies; providing civil
penalties; authorizing rulemaking; appropriating money;amending Minnesota
Statutes 2010, sections 84.0895, subdivision 7; 84.67; 84.91, subdivision 1;
84D.05, subdivision 1; 85.018, subdivision 2; 85.052, subdivision 3; 85.053,
subdivision 7; 85.20, subdivision 1; 85.46, subdivision 1; 86B.331, subdivision 1;
93.2236; 97A.401, subdivision 1; 97A.421, subdivision 4a; 103A.43; 103B.101,
subdivisions 2, 7, 10, by adding subdivisions; 103B.311, subdivision 4;
103B.3363, by adding a subdivision; 103B.3369; 103B.355; 103F.211, by adding
a subdivision; 103F.321, by adding a subdivision; 103G.2241, subdivisions 1, 9;
103G.2242, subdivision 3; 103G.245, subdivisions 2, 3; 103G.261; 103G.265,
by adding a subdivision; 103G.271, subdivision 1; 103G.282, subdivision
1; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision;
103H.175, subdivision 3; 115.06, subdivision 4; 115.42; 115.55, subdivision 7;
115A.15, subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557,
subdivision 4; 115A.904; 115D.08; 116.011; 116.0714; 116.10; 116C.833,
subdivision 2; 116D.04, by adding a subdivision; 116J.035, subdivision 8, as
added; 216C.055; 216H.07, subdivision 3; 473.149, subdivisions 1, 6; 473.846;
Minnesota Statutes 2011 Supplement, sections 84D.01, subdivision 15a; 84D.03,
subdivision 3; 84D.09, subdivision 2; 84D.10, subdivisions 1, 4; 84D.105,
subdivision 2; 84D.108, subdivision 1; 84D.13, subdivision 5; 97C.341;
103G.222, subdivision 1; 103G.615, subdivisions 1, 2; 115A.1320, subdivision
1; 116D.04, subdivision 2a, as amended; Laws 2007, chapter 57, article 1, section
4, subdivision 2, as amended; Laws 2010, chapter 362, section 2, subdivision
7; Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision
3; proposing coding for new law in Minnesota Statutes, chapters 15; 84; 86B;
103B; 103G; 115A; repealing Minnesota Statutes 2010, sections 84.946,
subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.4742, subdivision 4;
103G.705; 115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 216H.07,
subdivision 4; Minnesota Statutes 2011 Supplement, sections 86B.508; 86B.811,
subdivision 1a; Laws 2011, chapter 107, section 105; Minnesota Rules, parts
7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts
1, 2, 3; 7041.0500, subparts 5, 6, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [15.985] ADVISORY INSPECTIONS.
(a) Upon the voluntary request of a person to a state agency for an advisory
inspection for the purpose of complying with state law, the agency must, except as
provided in paragraphs (f) and (g), conduct an advisory inspection. An agency is not
required to conduct an advisory inspection if the agency has a regularly scheduled
inspection that would occur within 90 days after the request for the advisory inspection,
or if before an advisory inspection is requested, the agency has notified the person that
it will be conducting an inspection within 45 days. If an advisory inspection results in
findings that potentially could make a person subject to a fine or other penalty imposed
by the agency, the agency must notify the person in writing of those findings within ten
days of the inspection.
(1) Except as provided in clause (2), if within 60 days of receiving notice, the person
notifies the agency that it has corrected the situation that made the person potentially
subject to the fine or penalty, and the agency later determines that the situation is
corrected, the agency may not impose a fine or penalty as a result of the findings in the
advisory inspection.
(2) For violations of chapter 177, if the person notifies the agency within the time
period for remedying violations required under the applicable section of chapter 177 that it
has corrected the situation that made the person potentially subject to the fine or penalty,
and the agency later determines that the situation is corrected, the agency may not impose
a fine or penalty as a result of the finding in the advisory inspection.
(3) A person may not request more than one advisory inspection from the same
agency in a calendar year. A person may not request an advisory inspection after an
inspection resulting in a fine or other penalty has been determined and the violator notified
of the amount to be paid, until fines or penalties have been paid or settled.
(b) For purposes of this section:
(1) "inspection" includes an examination of real or personal property or an audit or
other examination of financial or other documents;
(2) "penalty" includes a civil or administrative fine or other financial sanction;
(3) "person" includes a real person and businesses, including corporations,
partnerships, limited liability companies, and unincorporated associations; and
(4) "state agency" means a department, agency, board, commission, constitutional
office, or other group in the executive branch of state government.
(c) If an agency revises, amends, extends, or adds additional violations to a notice,
the person has 60 days from the date of those changes to correct the situation without fine
or penalty. For violations of chapter 177, the person has the time period for remedying
violations under the applicable section of chapter 177 to correct the situation without
fine or penalty.
(d) An agency conducting an inspection under this section may impose and collect
from the person requesting the inspection a fee equal to the costs incurred by the agency
related to the inspection. Fees under this section shall be considered charges for goods
and services provided for the direct and primary use of a private individual, business, or
other entity under section 16A.1283, paragraph (b), clause (3). Fee revenue collected
under this section must be deposited in an appropriate fund other than the general fund
and is appropriated from that fund to the agency collecting the fee for the purpose of
conducting inspections under this section.
(e) Nothing in this section shall prohibit or interfere with an agency offering similar
programs that allow independent audits or inspections, including the environmental
improvement program under chapter 114C. If a person conducts a self-audit under chapter
114C, the terms and conditions of this section do not apply. For advisory inspections
conducted by the Pollution Control Agency, terms and conditions of sections 114C.20 to
144C.28 shall be used instead of those in paragraphs (a) to (c) and (g).
(f) If agency staff resources are limited, an agency must give higher priority to
the agency's regular inspections over advisory inspections under this section. Insofar as
conducting advisory inspections reduces an agency's costs, the savings must be reflected
in the charges for advisory inspections. Before hiring additional staff complement for
purposes of this section, an agency must report to the chairs and ranking minority members
of the legislative budget committees with jurisdiction over the agency documenting: (1)
the demand for advisory inspections and why additional staff complement is needed to
meet the demand; and (2) that the revenue generated by advisory inspections will cover the
expenses of the additional staff complement. If a person requests an advisory inspection,
but the agency does not have staff resources necessary to conduct the advisory inspection
before a regular inspection is conducted, and the regular inspection results in findings that
could make a person subject to a fine or penalty, the agency must take into account the
person's request for an advisory inspection and the person's desire to take corrective action
before taking any enforcement action against the person.
(g) This section does not apply to:
(1) criminal penalties;
(2) situations in which implementation of this section is prohibited by federal
law or would result in loss of federal funding or in other federal sanctions or in which
implementation would interfere with multistate agreements, international agreements, or
agreements between state and federal regulatory agencies;
(3) conduct constituting fraud;
(4) violations in a manner that endangers human life or presents significant risk of
major injury or severe emotional harm to humans;
(5) violations that are part of a pattern that has occurred repeatedly and shows
willful intent;
(6) violations for which it may be demonstrated that the alternative inspections
process is being used to avoid enforcement;
(7) violations that occur within three years of violating an applicable law;
(8) the Department of Revenue;
(9) the Workers' Compensation Division at the Department of Labor and Industry;
(10) violations of vehicle size weight limits under sections 169.80 to 169.88;
(11) commercial motor vehicle inspections under section 169.781 and motor carrier
regulations under chapter 221;
(12) the Dairy and Food Inspection Division of the Department of Agriculture, if the
division provides free inspections similar to those under this section;
(13) state inspections or surveys of hospitals, nursing homes, outpatient surgical
centers, supervised living facilities, board and lodging with special services, home care,
housing with services and assisted living settings, hospice, and supplemental nursing
services agencies;
(14) examinations of health maintenance organizations or county-based purchasing
entities regulated under chapter 62D;
(15) special transportation services under section 174.30; and
(16) entities regulated by the Department of Commerce's Financial Institutions and
Insurance Divisions for purposes of regulatory requirements of those divisions.
If an agency determines that this section does not apply due to situations specified in
clause (2), the agency must report the basis for that determination to the chairs and ranking
minority members of the legislative committees with jurisdiction over the agency.
(h) An agency may terminate an advisory inspection and proceed as if an inspection
were a regular inspection if, in the process of conducting an advisory inspection, the
agency finds a situation that the agency determines: could lead to criminal penalties;
endangers human life or presents significant risk of major injury or severe emotional
harm to humans; presents a severe and imminent threat to animals, food, feed, crops,
commodities, or the environment; or evidences a pattern of willful violations.
EFFECTIVE DATE.This section is effective July 1, 2012.
Sec. 2. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
Subd. 7. General exceptions. (a) The commissioner may issue permits and
prescribe conditions for an act otherwise prohibited by subdivision 1 if:
(1) the act is for the purpose of zoological, educational, or scientific study;
(2) the act enhances the propagation or survival of the affected species;
(3) the act prevents injury to persons or property; or
(4) the social and economic benefits of the act outweigh the harm caused by it.
(b) The commissioner may issue a general permit to a governmental subdivision or
to the general public to conduct one or more acts described in paragraph (a).
(c) A member of an endangered species may not be destroyed under paragraph (a),
clause (3) or (4), until all alternatives, including live trapping and transplantation, have
been evaluated and rejected. The commissioner may prescribe conditions to propagate
a species or subspecies.
permit, to avoid an immediate and demonstrable threat to human life or property.
management, including permit, sale, or lease of land for timber harvesting.
Sec. 3. Minnesota Statutes 2010, section 84.67, is amended to read:
84.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
A forests for the future revolving account is created in the natural resources fund.
Money in the account is appropriated to the commissioner of natural resources for the
acquisition of forest lands that meet the eligibility criteria in section
The commissioner shall sell the lands acquired under this section, subject to an easement
as provided in section
under this section and interest earned on the account shall be deposited into the account.
Sec. 4. [84.76] APPRENTICE RIDER VALIDATION.
Subdivision 1. Definition. For the purpose of this section, "accompanied by" means
within a distance of another person that permits uninterrupted visual contact and verbal
communication.
Subd. 2. Apprentice rider requirements. Notwithstanding sections 84.793,
84.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a
required safety certificate may participate in up to two trail-riding events sponsored by the
commissioner in state parks, state trails, state recreation areas, and state forests that are
designed to involve apprentice riders. The person must be accompanied by an adult with a
valid safety certificate. All vehicles must be properly registered for use in Minnesota.
Sec. 5. Minnesota Statutes 2010, section 84.91, subdivision 1, is amended to read:
Subdivision 1. Acts prohibited. (a) No owner or other person having charge or
control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
the person knows or has reason to believe is under the influence of alcohol or a controlled
substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
this state or on the ice of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or
all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
any physical or mental disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state is subject
to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person
who is convicted of violating section
while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a
lawful request to submit to testing under sections
in conformity with it, shall be prohibited from operating
vehicle for a period of one year. The commissioner shall notify the person of the time
period during which the person is prohibited from operating a snowmobile or all-terrain
vehicle.
(d) Administrative and judicial review of the operating privileges prohibition is
governed by section
impaired driving conviction or prior license revocation, as defined in section
Otherwise, administrative and judicial review of the prohibition is governed by section
(e) The court shall promptly forward to the commissioner and the Department of
Public Safety copies of all convictions and criminal and civil sanctions imposed under this
section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
all-terrain vehicle during the time period the person is prohibited from operating a vehicle
under paragraph (c) is guilty of a misdemeanor.
Sec. 6. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
The commissioner of natural resources shall establish a prairie and grasslands public
grazing program. The commissioner shall enter into cooperative farming agreements
or lease agreements with livestock owners to annually graze prairie and grasslands
administered by the commissioner where grazing will enhance wildlife habitat. The
commissioner shall maintain a list of lands grazed under the program describing the
location, acreage, and years grazed. The program shall have a goal of being financially
self-sufficient. Unless otherwise provided by law, revenues received under this section
shall be deposited in the game and fish fund and are appropriated to the commissioner for
purposes of the program.
Sec. 7. Minnesota Statutes 2011 Supplement, section 84D.01, subdivision 15a, is
amended to read:
Subd. 15a. Service provider. "Service provider" means an individual who or entity
that installs or removes water-related equipment or structures from waters of the state
for hire or as a service provided as a benefit of membership in a yacht club, boat club,
marina, or similar organization. Service provider does not include a person working
under the supervision of an individual with a valid service provider permit issued under
section
Sec. 8. Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is
amended to read:
Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
(b) and section
(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
under section
(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section
(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length; and
(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
suckers for bait from streams or rivers designated as infested waters, by hook and line for
noncommercial personal use. Other provisions that apply to this clause are:
(i) fish taken under this clause must be used on the same body of water where caught
and while still on that water body;
(ii) fish taken under this clause may not be transported live from or off the water
body;
(iii) fish harvested under this clause may only be used in accordance with this section;
(iv) any other use of wild animals used for bait from infested waters is prohibited;
(v) fish taken under this clause must meet all other size restrictions and requirements
as established in rules; and
(vi) all species listed under this clause shall be included in the person's daily limit as
established in rules, if applicable.
(c) Equipment authorized for minnow harvest in a designated infested water by
permit issued under paragraph (b) may not be transported to, or used in, any waters other
than waters specified in the permit.
Sec. 9. Minnesota Statutes 2010, section 84D.05, subdivision 1, is amended to read:
Subdivision 1. Prohibited activities. A person may not possess, import, purchase,
sell, propagate, transport, or introduce a prohibited invasive species, except:
(1) under a permit issued by the commissioner under section
(2) in the case of purple loosestrife, as provided by sections
(3) under a restricted species permit issued under section
(4) when being transported to the department, or another destination as the
commissioner may direct, in a sealed container for purposes of identifying the species
or reporting the presence of the species;
(5) when being transported for disposal as part of a harvest or control activity
when specifically authorized under a permit issued by the commissioner according to
section
fishing license issued by the commissioner according to section
commissioner;
(6) when the specimen has been lawfully acquired dead and, in the case of plant
species, all seeds are removed or are otherwise secured in a sealed container;
(7) in the form of herbaria or other preserved specimens;
(8) when being removed from watercraft and equipment, or caught while angling,
and immediately returned to the water from which they came; or
(9) as the commissioner may otherwise prescribe by rule.
Sec. 10. Minnesota Statutes 2011 Supplement, section 84D.09, subdivision 2, is
amended to read:
Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) for disposal as part of a harvest or control activity
authorized under an aquatic plant management permit pursuant to section
permit pursuant to section
(3) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;
(4) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;
(5) when harvested for personal or commercial use if in a motor vehicle;
(6) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;
(7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;
(8) that are wild rice harvested under section
(9) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season; or
(10) when removing water-related equipment from waters of the state for purposes
of cleaning off aquatic macrophytes before leaving a water access site.
Sec. 11. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 1, is
amended to read:
Subdivision 1. Launching prohibited. A person may not place or attempt to place
into waters of the state
plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or
prohibited invasive species attached except as provided in this section.
Sec. 12. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 4, is
amended to read:
Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
of the state a person must drain water-related equipment holding water and live wells and
bilges by removing the drain plug before transporting the water-related equipment off
the water access site or riparian property.
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.
(d) Portable bait containers used by licensed aquatic farms, portable bait containers
when fishing through the ice except on waters designated infested for viral hemorrhagic
septicemia, and marine sanitary systems are exempt from this subdivision.
(e) A person must not dispose of bait in waters of the state.
(f) A boat lift, dock, swim raft, or associated equipment that has been removed
from any water body may not be placed in another water body until a minimum of 21
days have passed.
Sec. 13. Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
amended to read:
Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water. The commissioner may enter into a delegation agreement with a
tribal or local government where inspection authority as provided under paragraphs (b),
(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
and administrative responsibilities for inspection programs on some or all public waters
within their jurisdiction.
(b) Inspectors may visually and tactilely inspect watercraft and water-related
equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
is present. If a person transporting watercraft or water-related equipment refuses to
take required corrective actions or fails to comply with an order under section
subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
to a conservation officer or other licensed peace officer.
(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site, any other public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is reason to believe
that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.
(d) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
(e) Conservation officers or other licensed peace officers may order water-related
equipment to be removed from a water body if the commissioner determines such action is
needed to implement aquatic invasive species control measures.
(f) The commissioner may require mandatory inspections of water-related equipment
before a person places or removes water-related equipment into or out of a water body.
Inspection stations may be located at or near public water accesses or in locations that
allow for servicing multiple water bodies. The commissioner shall ensure that inspection
stations:
(1) have adequate staffing to minimize delays to vehicles and their occupants;
(2) allow for reasonable travel times between public accesses and inspection stations
if inspection is required before placing water-related equipment into a water body;
(3) are located so as not to create traffic delays or public safety issues;
(4) have decontamination equipment available to bring water-related equipment
into compliance; and
(5) do not reduce the capacity or hours of operation of public water accesses.
(g) The commissioner may authorize tribal and local governments that enter into
a delegation agreement with the commissioner to conduct mandatory inspections of
water-related equipment at specified locations within a defined area before a person
places or removes water-related equipment into or out of a water body. Tribal and local
governments that are authorized to conduct inspections under this paragraph must:
(1) assume all legal, financial, and administrative responsibilities for implementing
the mandatory inspections, alone or in agreement with other tribal or local governments;
(2) employ inspectors that have been trained and authorized by the commissioner;
(3) conduct inspections and decontamination measures in accordance with guidelines
approved by the commissioner;
(4) have decontamination equipment available at inspection stations or identify
alternative decontamination equipment locations within a reasonable distance of the
inspection station that can bring water-related equipment into compliance;
(5) provide for inspection station locations that do not create traffic delays or public
safety issues; and
(6) submit a plan approved by the commissioner according to paragraph (h).
(h) Plans required under paragraph (g) must address:
(1) no reduction in capacity or hours of operation of public accesses and fees that
do not discourage or limit use;
(2) reasonable travel times between public accesses and inspection stations;
(3) adequate staffing to minimize wait times and provide adequate hours of operation
at inspection stations and public accesses;
(4) adequate enforcement capacity;
(5) measures to address inspections of water-related equipment at public water
accesses for commercial entities and private riparian land owners; and
(6) other elements as required by the commissioner to ensure statewide consistency,
appropriate inspection and decontamination protocols, and protection of the state's
resources, public safety, and access to public waters.
(i) A government unit authorized to conduct inspections under this subdivision must
submit an annual report to the commissioner summarizing the results and issues related
to implementing the inspection program.
(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
programs where authorized inspectors are placed directly at one or more water access
sites, with no requirement for a person to travel from the water access for inspection
or decontamination, and no local ordinance or other regulation requiring a mandatory
inspection before placing watercraft or water-related equipment into a water body or after
watercraft or water-related equipment are removed from a water body.
Sec. 14. Minnesota Statutes 2011 Supplement, section 84D.108, subdivision 1, is
amended to read:
Subdivision 1. Service provider permit required. (a) Service providers must apply
for and obtain a permit from the commissioner before providing any services described in
section
(b) Service providers must have a valid permit in possession while providing
services described in section
(c) Service providers must display the service provider permit decal issued with
their permit. The decal must be completely affixed by its own adhesive on the inside of
the extreme lower corner of the driver's windshield of the vehicle being operated while
providing services described in section 84D.01, subdivision 15a.
Sec. 15. Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
amended to read:
Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
the following penalty amounts:
(1) for transporting aquatic macrophytes in violation of section
(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached,
(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte,
(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not designated by the
commissioner as being infested with that invasive species, $500
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state,
(7) for transporting infested water off riparian property without a permit as required
by rule, $200.
(b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).
Sec. 16. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
Subd. 2. Authority of local government. (a) A local government unit that receives
state grants-in-aid for any trail, with the concurrence of the commissioner, and the
landowner or land lessee, may:
(1) designate the trail for use by snowmobiles or for nonmotorized use from
December 1 to April 1 of any year; and
(2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state grants-in-aid under section
subdivision 2
concurrence of the commissioner, and landowner or land lessee, may:
(1) designate the trail specifically for use at various times of the year by all-terrain or
off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state grants-in-aid for any trail, with the
concurrence of the commissioner and landowner or land lessee, may designate certain trails
for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.
Sec. 17. Minnesota Statutes 2010, section 85.052, subdivision 3, is amended to read:
Subd. 3. Fee for certain parking and campsite use. (a) An individual using spaces
in state parks under subdivision 1, clause (2), shall be charged daily rates determined and
set by the commissioner in a manner and amount consistent with the type of facility
provided for the accommodation of guests in a particular park and with similar facilities
offered for tourist camping and similar use in the area.
(b) The fee for special parking spurs, campgrounds for automobiles, sites for tent
camping, and special auto trailer coach parking spaces is one-half of the fee set in
paragraph (a) on Sunday through Thursday of each week for a physically disabled person:
(1) with a motor vehicle that has disability plates issued under section
subdivision 1
(2) who possesses a certificate issued under section
(3) who possesses an interagency access pass for state residents with permanent
disabilities, issued by the federal government under the Federal Lands Recreation
Enhancement Act.
Sec. 18. Minnesota Statutes 2010, section 85.053, subdivision 7, is amended to read:
Subd. 7. Disabled persons. (a) The commissioner shall prescribe and issue special
state park permits for:
(1) a physically disabled person with a motor vehicle (i) that has disability plates
issued under section
certificate issued under section
the vehicle for which the state park permit is being purchased or proof of a leasehold
interest in the vehicle for a term at least as long as the term of the permit;
(2) a physically disabled person who: (i) does not own or operate a motor vehicle;
(ii) possesses a statement certified under section
to the commissioner in writing; and
(3) a permanently disabled person who possesses an interagency access pass for
people with permanent disabilities, issued by the federal government under the Federal
Lands Recreation Enhancement Act.
(b)
the decal issued under this subdivision is valid only when displayed on a vehicle owned
and occupied by the person to whom the permit is issued.
Sec. 19. Minnesota Statutes 2010, section 85.20, subdivision 1, is amended to read:
Subdivision 1. Violation of rules. (a) Any person who, within the limits of any
chapter 86A, shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen,
or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface,
or mutilate any guideboard, guidepost, furniture, fixture, improvement, monument,
tablet, or other property of the state of any kind, or who shall willfully violate, or fail
to comply with, any rule of the commissioner adopted
guilty of a petty misdemeanor.
(b) Violations under paragraph (a) adopted for wildlife management areas described
in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law
penalties defined in section 97A.301, subdivision 1, clause (6).
(c) If a different penalty is provided in another section of law for the violation and
the person is charged under that section of law, the penalty specified for the violation
will control over the penalty specified in paragraphs (a) and (b). Violations relating to
the taking of wild animals are subject to the penalties as specified in the game and fish
laws described in section 97A.011.
Sec. 20. Minnesota Statutes 2010, section 85.46, subdivision 1, is amended to read:
Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while
riding, leading, or driving a horse on lands administered by the commissioner, except
forest roads and forest roads rights-of-way, a person 16 years of age or over shall carry in
immediate possession a valid horse pass. The pass must be available for inspection by a
peace officer, a conservation officer, or an employee designated under section
person who violates any provision of this subdivision is guilty of a petty misdemeanor.
(b) A valid horse pass is not required under this section for a person riding, leading,
or driving a horse on property that is owned by the person or the person's spouse, child,
parent, or guardian.
Sec. 21. [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
Subdivision 1. Establishment. The commissioner shall establish a statewide course
in preventing the spread of aquatic invasive species. The commissioner must develop an
educational course and testing program that address identification of aquatic invasive
species and best practices to prevent the spread of aquatic invasive species when moving
water-related equipment, as defined under section 84D.01, subdivision 18a.
Subd. 2. Aquatic invasive species trailer decal. The commissioner shall issue an
aquatic invasive species trailer decal for each trailer owned by a person that satisfactorily
completes the required course of instruction.
Subd. 3. Contracting for services. The commissioner may contract for services to
provide training and testing services under this section.
Subd. 4. Aquatic invasive species trailer decal display required. (a) A person
may not transport watercraft or water-related equipment, as defined under section 84D.01,
subdivision 18a, with a trailer unless the person has an aquatic invasive species trailer
decal issued under this section. Temporary authorizations valid for seven days can be
requested by persons that have not completed the required course of instruction.
(b) Aquatic invasive species trailer decals are valid for three years.
(c) The aquatic invasive species trailer decal must be adhered to the side of the trailer
frame tongue near the hitch in a manner that it is readily visible and does not interfere with
the display of any registration requirements under section 169.79.
(d) Aquatic invasive species trailer decals are not transferable.
(e) Violation of this section shall not result in a penalty, but is punishable only
by a warning.
EFFECTIVE DATE.Subdivision 4 is effective July 1, 2015.
Sec. 22. Minnesota Statutes 2010, section 86B.331, subdivision 1, is amended to read:
Subdivision 1. Acts prohibited. (a) An owner or other person having charge or
control of a motorboat may not authorize or allow an individual the person knows or has
reason to believe is under the influence of alcohol or a controlled or other substance to
operate the motorboat in operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not
knowingly authorize or allow a person, who by reason of a physical or mental disability
is incapable of operating the motorboat, to operate the motorboat in operation on the
waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters
of this state is subject to chapter 169A. In addition to the applicable sanctions under
chapter 169A, a person who is convicted of violating section
in conformity with it while operating a motorboat, shall be prohibited from operating
October 31, extending over two consecutive years if necessary. If the person operating the
motorboat refuses to comply with a lawful demand to submit to testing under sections
from operating
the person of the period during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating privileges prohibition is
governed by section
impaired driving conviction or prior license revocation, as defined in section
Otherwise, administrative and judicial review of the prohibition is governed by section
(e) The court shall promptly forward to the commissioner and the Department of
Public Safety copies of all convictions and criminal and civil sanctions imposed under this
section and chapters 169 and 169A relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.
Sec. 23. Minnesota Statutes 2010, section 93.2236, is amended to read:
93.2236 MINERALS MANAGEMENT ACCOUNT.
(a) The minerals management account is created as an account in the natural
resources fund. Interest earned on money in the account accrues to the account. Money in
the account may be spent or distributed only as provided in paragraphs (b) and (c).
(b) If the balance in the minerals management account exceeds $3,000,000 on June
30, the amount exceeding $3,000,000 must be distributed to the permanent school fund
subdivision 1, paragraph (c). The amount distributed to each fund must be in the same
proportion as the total mineral lease revenue received in the previous biennium from school
trust lands
(c) Subject to appropriation by the legislature, money in the minerals management
account may be spent by the commissioner of natural resources for mineral resource
management and projects to enhance future mineral income and promote new mineral
resource opportunities.
Sec. 24. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
Subdivision 1. Commissioner's authority. The commissioner may issue special
permits for the activities in this section. A special permit may be issued in the form of a
general permit to a governmental subdivision or to the general public to conduct one or
more activities under subdivisions 2 to 7.
Sec. 25. Minnesota Statutes 2010, section 97A.421, subdivision 4a, is amended to read:
Subd. 4a. Suspension for failure to appear in court or pay a fine or surcharge.
When a court reports to the commissioner that a person: (1) has failed to appear in court
orders of the court regarding the appearance or proceedings for a violation of the game
and fish laws; or (2) has been convicted of violating a provision of the game and fish
laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
and refused or failed to comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit privileges of the person
until notified by the court that the person has appeared in court under clause (1) or that any
fine or surcharge due the court has been paid under clause (2).
Sec. 26. Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. The commissioner may, by written order published in
the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
their use. The order is exempt from the rulemaking provisions of chapter 14 and section
(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.
(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:
(1) fresh or frozen bait only on Lake Superior; or
(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.
(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:
(1) water body source;
(2) lot number;
(3) company contact including name, phone, and address;
(4) date of packaging and labeling; and
(5) valid negative fish health certification from the source water body.
Sec. 27. Minnesota Statutes 2010, section 103A.43, is amended to read:
103A.43 WATER ASSESSMENTS AND REPORTS.
(a) The Environmental Quality Board shall consolidate the assessments required
in paragraphs (b) and (c) with the policy report in section
report to the house of representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture and the Legislative-Citizen Commission
on Minnesota Resources by September 15, 2010, and every five years thereafter.
(b) The Pollution Control Agency and the Department of Agriculture shall provide
efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment
and analysis must include an analysis of relevant monitoring data.
(c) The Department of Natural Resources shall provide an assessment and analysis
of the quantity of surface and ground water in the state and the availability of water to
meet the state's needs.
Sec. 28. Minnesota Statutes 2010, section 103B.101, subdivision 2, is amended to read:
Subd. 2. Voting members. (a) The members are:
(1) three county commissioners;
(2) three soil and water conservation district supervisors;
(3) three watershed district or watershed management organization representatives;
(4) three citizens who are not employed by, or the appointed or elected officials of, a
state governmental office, board, or agency;
(5) one township officer;
(6) two elected city officials, one of whom must be from a city located in the
metropolitan area, as defined under section
(7) the commissioner of agriculture;
(8) the commissioner of health;
(9) the commissioner of natural resources;
(10) the commissioner of the Pollution Control Agency; and
(11) the director of the University of Minnesota Extension Service.
(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
with at least four members but not more than six members from the metropolitan area,
as defined by section
(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor.
In making the appointments, the governor may consider persons recommended by
the Association of Minnesota Counties, the Minnesota Association of Townships, the
League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation
Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
association must contain at least three nominees for each position to be filled.
(d) The membership terms, compensation, removal of members and filling of
vacancies on the board for members in paragraph (a), clauses (1) to (6), are as provided
in section
Sec. 29. Minnesota Statutes 2010, section 103B.101, subdivision 7, is amended to read:
Subd. 7. Hearings, orders, and rulemaking. The board may hold public hearings
and adopt rules and orders necessary to execute its duties.
Sec. 30. Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:
Subd. 8a. Bylaws and conflict of interest. The board shall adopt bylaws that
include provisions to prevent or address conflict of interest.
Sec. 31. Minnesota Statutes 2010, section 103B.101, subdivision 10, is amended to
read:
Subd. 10. Committee for dispute resolution. A committee of the board is
established to hear and resolve disputes, appeals, and interventions under sections
governing committee membership and duties.
Sec. 32. Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:
Subd. 14. Local water management coordination. (a) The board may adopt
resolutions, policies, or orders that allow a comprehensive plan, local water management
plan, or watershed management plan, developed or amended, approved and adopted,
according to chapter 103B, 103C, or 103D to serve as substitutes for one another or be
replaced with a comprehensive watershed management plan. The board may also develop
criteria for incorporating or coordinating the elements of metropolitan county groundwater
plans in accordance with section 103B.255. The board shall, to the extent practicable,
incorporate a watershed approach when adopting the resolutions, policies, or orders, and
shall establish a suggested watershed boundary framework for development, approval,
adoption, and coordination of plans.
(b) The board shall work with local government stakeholders and others to foster
mutual understanding and develop recommendations for local water management and
related state water management policy and programs. The board may convene informal
working groups or work teams to develop information, education, and recommendations.
Local government units may develop and carry out TMDL implementation plans, or their
equivalent, as provided in chapter 114D, as part of the local water management plans and
responsibilities under chapters 103B, 103C, and 103D.
Sec. 33. Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:
Subd. 15. Local water management boundary and plan determinations and
appeals. (a) Local government units may either submit a request for a plan boundary
determination as part of a plan approval request or apply separately for a plan boundary
determination from the board before requesting plan approval. Local government units
must provide written documentation of the rationale and justification for the proposed
boundary. The board may request additional information needed to make a plan boundary
determination.
(b) Local government units may appeal a board decision to deny approval of a plan
or the establishment of a plan boundary. An appeal of a board decision may be taken to the
state Court of Appeals and must be considered an appeal from a contested case decision
for purposes of judicial review under sections 14.63 to 14.69. Local government units
may request the board's dispute resolution committee or executive director to hear and
make recommendations to resolve boundary and plan implementation disputes.
Sec. 34. Minnesota Statutes 2010, section 103B.311, subdivision 4, is amended to read:
Subd. 4. Water plan requirements. (a) A local water management plan must:
(1) cover the entire area within a county;
(2) address water problems in the context of watershed units and groundwater
systems;
(3) be based upon principles of sound hydrologic management of water, effective
environmental protection, and efficient management;
(4) be consistent with local water management plans prepared by counties and
watershed management organizations wholly or partially within a single watershed unit or
groundwater system; and
(5) the local water management plan must specify the period covered by the local
water management plan and must extend at least five years but no more than ten years from
the date the board approves the local water management plan. Local water management
plans that contain revision dates inconsistent with this section must comply with that date,
provided it is not more than ten years beyond the date of board approval.
(b) Existing water and related land resources plans, including plans related to
agricultural land preservation programs developed pursuant to chapter 40A, must be
fully utilized in preparing the local water management plan. Duplication of the existing
plans is not required.
Sec. 35. Minnesota Statutes 2010, section 103B.3363, is amended by adding a
subdivision to read:
Subd. 3a. Comprehensive watershed management plan. "Comprehensive
watershed management plan" means a plan to manage the water and related natural
resources of a watershed that consists of the plans listed in subdivision 3 or a separate
plan that has been approved as a substitute by the board and adopted by local units
of government for the same or additional purposes. The comprehensive watershed
management plan shall be consistent with the goals of section 103A.212 and may address
the goals in sections 103A.201 to 103A.211, and chapter 114D.
Sec. 36. [103B.3367] WATER PLAN EXTENSIONS.
The board may grant extensions with or without conditions of the revision date of a
comprehensive local water management plan or a comprehensive watershed management
plan.
Sec. 37. Minnesota Statutes 2010, section 103B.3369, is amended to read:
103B.3369 LOCAL WATER RESOURCES RESTORATION, PROTECTION,
AND MANAGEMENT PROGRAM.
Subdivision 1. Assistance priorities. State agencies may give priority to local
government unit requests that are part of or responsive to a comprehensive plan, local
water management plan, watershed management plan, or comprehensive watershed
management plan, developed or amended, approved and adopted, according to chapter
103B, 103C, 103D, or 114D, when administering programs for water-related financial
and technical assistance.
Subd. 2. Establishment. A local water resources restoration, protection, and
management program is established. The board may provide financial assistance to local
units of government for activities that restore, protect, or manage water and related land
quality. The activities include planning, zoning, official controls, best management
practices, capital projects, and other activities to implement a comprehensive plan, local
water management
adopted and approved, according to chapter 103B, 103C, or 103D.
Subd. 4. Contracts. A local unit of government may contract to implement
programs. An explanation of the program responsibilities proposed to be contracted must
accompany grant requests. A local unit of government that contracts is responsible for
ensuring that state funds are properly expended and for providing an annual report to the
board describing expenditures of funds and program accomplishments.
Subd. 5. Financial assistance. A base grant may be awarded to a county that
provides a match utilizing a water implementation tax or other local source. A water
implementation tax that a county intends to use as a match to the base grant must be levied
at a rate determined by the board.
local units of government that are responsible for implementing elements of applicable
portions of watershed management plans, comprehensive plans, local water management
plans, or comprehensive watershed management plans, developed or amended, adopted
and approved, according to chapter 103B, 103C, or 103D. Upon request by a local
government unit, the board may also award performance-based grants to local units of
government to carry out TMDL implementation plans as provided in chapter 114D, if the
TMDL implementation plan has been incorporated into the local water management plan
according to the procedures for approving comprehensive plans, watershed management
plans, local water management plans, or comprehensive watershed management plans
under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone
a public review process. Notwithstanding section 16A.41, the board may award
performance-based grants on an advanced basis.
Subd. 6.
under this section must be reviewed by the state agency having statutory program authority
to assure compliance with minimum state standards. At the request of the state agency
commissioner, the board shall revoke the portion of a grant used to support a program
not in compliance.
(b) Grants may be provided to develop
management plans
plans, watershed management plans, or comprehensive watershed management plans,
approved and adopted, according to chapter 103B, 103C, 103D, or 114D.
(c) A local unit of government may not request or be awarded grants for project
implementation unless a comprehensive plan, local water management
plan has been developed or amended, adopted and approved, according to chapter 103B,
103C, or 103D.
Subd. 7. Performance criteria. The board shall develop and utilize
performance-based criteria for local water resources restoration, protection, and
management programs and projects. The criteria may include, but are not limited to,
science-based assessments, organizational capacity, priority resource issues, community
outreach and support, partnership potential, potential for multiple benefits, and program
and project delivery efficiency and effectiveness.
Sec. 38. Minnesota Statutes 2010, section 103B.355, is amended to read:
103B.355 APPLICATION.
Sections
subject to the requirements of sections
subdivision 1
2
Sec. 39. Minnesota Statutes 2010, section 103F.211, is amended by adding a
subdivision to read:
Subd. 4. Removal of logs; dead trees and branches. The removal of logs and dead
trees and branches from the shoreland is exempt from any permit requirements, unless
required by a local government unit. Before a person removes logs or dead trees and
branches from publicly owned land or land owned by another, the person must obtain
permission from the land owner or manager. Public entities are encouraged to allow for
the removal of logs and dead trees and branches that present a safety hazard on land
managed by the public entity.
Sec. 40. Minnesota Statutes 2010, section 103F.321, is amended by adding a
subdivision to read:
Subd. 4. Removal of logs; dead trees and branches. The removal of logs and dead
trees and branches from the shoreland is exempt from any permit requirements when
the logs or dead trees and branches present safety hazards, unless required by a local
government unit. Before a person removes logs or dead trees and branches from publicly
owned land or land owned by another, the person must obtain permission from the land
owner or manager. Public entities are encouraged to allow for the removal of logs and
dead trees and branches that present a safety hazard on land managed by the public entity.
Sec. 41. Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
is amended to read:
Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by restoring or creating wetland areas of at least equal public
value under a replacement plan approved as provided in section
plan under a local governmental unit's comprehensive wetland protection and management
plan approved by the board under section
under section
under the permit to mine. For project-specific wetland replacement completed prior to
wetland impacts authorized or conducted under a permit to mine within the Great Lakes
and Rainy River watershed basins, those basins shall be considered a single watershed
for purposes of determining wetland replacement ratios. Mining reclamation plans shall
apply the same principles and standards for replacing wetlands by restoration or creation
of wetland areas that are applicable to mitigation plans approved as provided in section
a comprehensive wetland protection and management plan established under section
and semipermanently flooded areas of types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in descending order
of priority:
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;
(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that
converted to a nonagricultural use for at least ten years.
(d) If a wetland is replaced under paragraph (c), or drained under section
subdivision 2
a deed restriction that prohibits nonagricultural use for at least ten years
the deed restriction if it determines the wetland area drained is at risk of conversion to
a nonagricultural use within ten years based on the zoning classification, proximity to a
municipality or full service road, or other criteria as determined by the local government
unit.
(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill storm water management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland.
(f) Except as provided in paragraph (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.
(i) Except in a greater than 80 percent area, only wetlands that have been restored
from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules adopted under
section
occurring wetlands from one type to another are not eligible for enrollment in a statewide
wetlands bank.
(j) The Technical Evaluation Panel established under section
2
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.
(k) This section and sections
(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the cost to the
board to establish credits. Proceeds from the sale of credits provided under this paragraph
are appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.
(m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on site;
(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
or drained.
Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section
subdivision 9
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.
Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.
Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
(n) If a landowner seeks approval of a replacement plan after the proposed project
has already affected the wetland, the local government unit may require the landowner to
replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.
(o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.
(p) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis
of its percentage of presettlement wetlands remaining. In support of their petition, the
citizens shall provide satisfactory documentation to the local government unit. The local
government unit shall consider the petition and forward the request to the board under
paragraph (o) or provide a reason why the petition is denied.
Sec. 42. Minnesota Statutes 2010, section 103G.2241, subdivision 1, is amended to
read:
Subdivision 1. Agricultural activities. A replacement plan for wetlands is not
required for:
(1) activities in a wetland that was planted with annually seeded crops, was in a crop
rotation seeding of pasture grass or legumes, or was required to be set aside to receive
price support or other payments under United States Code, title 7, sections 1421 to 1469,
in six of the last ten years prior to January 1, 1991;
(2) activities in a type 1 wetland on agricultural pasture land that remains in the
same use, except for bottomland hardwood type 1 wetlands, and activities in a type 2
or type 6 wetland that is less than two acres in size and located on agricultural pasture
land that remains in the same use;
(3) activities in a wetland conducted as part of normal farming practices. For
purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
and ranching activities such as plowing, seeding, cultivating, and harvesting for the
production of feed, food, and fiber products, but does not include activities that result in
the draining of wetlands;
(4) soil and water conservation practices approved by the soil and water conservation
district, after review by the Technical Evaluation Panel;
(5) aquaculture activities including pond excavation and construction and
maintenance of associated access roads and dikes authorized under, and conducted in
accordance with, a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
but not including construction or expansion of buildings;
(6) wild rice production activities, including necessary diking and other activities
authorized under a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or
(7) agricultural activities on agricultural land that is subject to the swampbuster
provisions of the federal farm program restrictions
understanding and related agreements between the board and the United States Department
of Agriculture, Natural Resources Conservation Service.
Sec. 43. Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to
read:
Subd. 9. De minimis. (a) Except as provided in paragraphs
(g), (h), and (i), a replacement plan for wetlands is not required for draining or filling
the following amounts of wetlands as part of a project outside of the shoreland wetland
protection zone:
(1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands,
80 percent area;
(2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands,
area, except within the 11-county metropolitan area;
(3) 2,000 square feet of type 1, 2,
area, except within the 11-county metropolitan area; or
(4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland
(b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
for wetlands is not required for draining or filling the following amounts of wetlands
as part of a project within the shoreland wetland protection zone beyond the shoreland
building setback zone:
(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
In a greater than 80 percent area,
minimis amount allowed under clause (1) may be increased up to 1,000 square feet if the
wetland is isolated and is determined to have no direct surficial connection to the public
water or if permanent water runoff retention or infiltration measures are established in
proximity as approved by the shoreland management authority.
(c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan
for wetlands is not required for draining or filling up to 20 square feet of wetland as part
of a project within the shoreland building setback zone, as defined in the local shoreland
management ordinance. The amount in this paragraph may be increased to 100 square feet
if permanent water runoff retention or infiltration measures are established in proximity as
approved by the shoreland management authority.
(d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement
plan is not required for draining or filling amounts of wetlands as part of a project:
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
area within the 11-county metropolitan area; or
protection zone in a less than 50 percent area within the 11-county metropolitan area.
For purposes of this
of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott,
Sherburne, Washington, and Wright.
may not be combined on a project.
the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
the greatest of:
(1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
the entire wetland;
(2) five percent of the landowner's portion of the wetland; or
(3) 400 square feet.
on a project.
(i) If a local ordinance or similar local control is more restrictive than this
subdivision, the local standard applies.
Sec. 44. Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to
read:
Subd. 3. Replacement completion. Replacement of wetland values must be
completed prior to or concurrent with the actual draining or filling of a wetland,
an irrevocable bank letter of credit or other security acceptable to the local government
unit
the successful completion of the replacement. The board may establish, sponsor, or
administer a wetland banking program, which may include provisions allowing monetary
payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
that occur in greater than 80 percent areas, and for public road projects. The board shall
coordinate the establishment and operation of a wetland bank with the United States
Army Corps of Engineers, the Natural Resources Conservation Service of the United
States Department of Agriculture, and the commissioners of natural resources, agriculture,
and the Pollution Control Agency.
Sec. 45. [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
WATER ACT.
Notwithstanding any other law to the contrary, the Board of Water and Soil
Resources, in consultation with the commissioners of natural resources, agriculture,
and the Pollution Control Agency, may adopt or amend rules establishing a program
for regulating the discharge of dredged and fill material into the waters of the state as
necessary to obtain approval from the United States Environmental Protection Agency to
administer, in whole or part, the permitting and wetland banking programs under section
404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
may not be more restrictive than the program under section 404 or state law.
Sec. 46. Minnesota Statutes 2010, section 103G.245, subdivision 2, is amended to read:
Subd. 2. Exceptions. A public waters work permit is not required for:
(1) work in altered natural watercourses that are part of drainage systems established
under chapter 103D or 103E if the work in the waters is undertaken according to chapter
103D or 103E;
(2) a drainage project for a drainage system established under chapter 103E that does
not substantially affect public waters
(3) removal of debris, including logs that are at or near the water surface, dead
trees and branches, and trash, that does not alter the original alignment, slope, or cross
section of the waters.
Sec. 47. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
Subd. 3. Permit application. Application for a public waters work permit must
be in writing to the commissioner on forms prescribed by the commissioner. The
commissioner may issue a state general permit to a governmental subdivision or to the
general public
which more than one project may be conducted under a single permit.
Sec. 48. Minnesota Statutes 2010, section 103G.261, is amended to read:
103G.261 WATER ALLOCATION PRIORITIES.
(a) The commissioner shall adopt rules for allocation of waters based on the
following priorities for the consumptive appropriation and use of water:
(1) first priority, domestic water supply, excluding industrial and commercial uses of
municipal water supply, and use for power production that meets the contingency planning
provisions of section
(2) second priority, a use of water that involves consumption of less than 10,000
gallons of water per day;
(3) third priority, agricultural irrigation, and processing of agricultural products
involving consumption in excess of 10,000 gallons per day;
(4) fourth priority, power production in excess of the use provided for in the
contingency plan developed under section
(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
products, and power production, involving consumption in excess of 10,000 gallons per
day; and
(6) sixth priority, nonessential uses.
(b) For the purposes of this section, "consumption" means water withdrawn from a
supply that is lost for immediate further use in the area.
(c) Appropriation and use of surface water from streams during periods of flood
flows and high water levels must be encouraged subject to consideration of the purposes
for use, quantities to be used, and the number of persons appropriating water.
(d) Appropriation and use of surface water from lakes of less than 500 acres in
surface area must be discouraged.
(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 49. Minnesota Statutes 2010, section 103G.265, is amended by adding a
subdivision to read:
Subd. 2a. Legislative approval for diversion. Legislative approval required in
subdivision 2, clause (2), shall be based on the following considerations:
(1) the requested diversion of waters of the state is reasonable;
(2) the diversion is not contrary to the conservation and use of waters of the state; and
(3) the diversion is not otherwise detrimental to the public welfare.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 50. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
a person, partnership, or association, private or public corporation, county, municipality,
or other political subdivision of the state may not appropriate or use waters of the state
without a water use permit from the commissioner.
(b) This section does not apply to use for a water supply by less than 25 persons for
domestic purposes.
(c) The commissioner may issue a state general permit for appropriation of water
to a governmental subdivision or to the general public
one project and the appropriation or use of more than one source of water. Water use
permit processing fees and reports required under subdivision 6 and section
subdivision 3
general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
annually.
Sec. 51. Minnesota Statutes 2010, section 103G.282, subdivision 1, is amended to read:
Subdivision 1. Monitoring equipment. The commissioner may require the
installation and maintenance of monitoring equipment to evaluate water resource impacts
from permitted appropriations and proposed projects that require a permit. Monitoring for
water resources that supply more than one appropriator must be designed to minimize
costs to individual appropriators. The cost of drilling additional monitoring wells must
be shared proportionally by all permit holders that are directly affecting a particular
water resources feature.
Sec. 52. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
Subd. 2. Permit application and notification fees. (a) A
to defray the costs of receiving, recording, and processing
for a permit application authorized under this chapter
application, for each request to amend or transfer an existing permit, and for a notification
to request authorization to conduct a project under a general permit. Fees established
under this subdivision, unless specified in paragraph (c), shall be compliant with section
(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)
inspection
public waters or to divert waters for mining must be at least $150, but not more than
$1,000. The fee for a notification to request authorization to conduct a project under a
general permit is $100.
Sec. 53. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
Subd. 4. Refund of fees prohibited. A permit application, general permit
notification, or field inspection fee may not be refunded for any reason, even if the
application or request is denied or withdrawn.
Sec. 54. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
Subd. 5. State and federal agencies exempt from fee. A permit application,
general permit notification, or field inspection fee may not be imposed on any state agency,
as defined in section
Sec. 55. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
read:
Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
permit application, general permit notification, or field inspection fee charged to a town
in connection with the construction or alteration of a town road, bridge, or culvert shall
exceed $100.
Sec. 56. Minnesota Statutes 2010, section 103G.611, is amended by adding a
subdivision to read:
Subd. 1a. General permits. The commissioner may issue a general permit to
a governmental subdivision or to the general public to conduct one or more projects
described in subdivision 1. A fee of $100 may be charged for each aeration system used
under a general permit.
Sec. 57. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
is amended to read:
Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
permit to a governmental subdivision or to the general public to conduct one or more
projects described in this subdivision. The commissioner may issue permits, with or
without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.
(b) Application for a permit and a notification to request authorization to conduct a
project under a general permit must be accompanied by a
(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.
(d) A general permit may authorize a project for more than one growing season.
Sec. 58. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
is amended to read:
Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section
days after it has been reported to the legislature. The fees shall not exceed $2,500 per
permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
the permit, and additional costs incurred after the application to inspect and monitor
the activities authorized by the permit, and enforce aquatic plant management rules and
permit requirements.
(b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
parcel of shoreline owned by an owner may be charged. This fee may not be charged for
permits issued in connection with purple loosestrife control or lakewide Eurasian water
milfoil control programs.
(c) A fee may not be charged to the state or a federal governmental agency applying
for a permit.
(d) A fee for a permit for the control of rooted aquatic vegetation in a public
water basin that is 20 acres or less in size shall be one-half of the fee established under
paragraph (a).
(e) The money received for the permits under this subdivision shall be deposited in
the treasury and credited to the water recreation account.
(f) The fee for processing a notification to request authorization for work under a
general permit is $30, until the commissioner establishes a fee by rule as provided under
this subdivision.
Sec. 59. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
Subd. 3. Report.
Control Agency, in cooperation with other agencies participating in the monitoring of
water resources, shall provide a draft report on the status of groundwater monitoring to
the Environmental Quality Board for review and then to the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture as part of the report in section
Sec. 60. Minnesota Statutes 2010, section 115.06, subdivision 4, is amended to read:
Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
citizen monitoring of ambient water quality for public waters by:
(1) providing technical assistance to citizen and local group water quality monitoring
efforts;
(2) integrating citizen monitoring data into water quality assessments and agency
programs, provided that the data adheres to agency quality assurance and quality control
protocols; and
(3) seeking public and private funds to:
(i) collaboratively develop clear guidelines for water quality monitoring procedures
and data management practices for specific data and information uses;
(ii) distribute the guidelines to citizens, local governments, and other interested
parties;
(iii) improve and expand water quality monitoring activities carried out by the
agency; and
(iv) continue to improve electronic and Web access to water quality data and
information about public waters that have been either fully or partially assessed.
(b) This subdivision does not authorize a citizen to enter onto private property
for any purpose.
(c) By January 15
the commissioner shall report to the senate and house of representatives committees with
jurisdiction over environmental policy and finance on activities under this section.
Sec. 61. Minnesota Statutes 2010, section 115.42, is amended to read:
115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
It is the policy of the state to provide for the prevention, control, and abatement
of pollution of all waters of the state, so far as feasible and practical, in furtherance
of conservation of such waters and protection of the public health and in furtherance
of the development of the economic welfare of the state. The agency shall prepare a
long-range plan and program for the effectuation of said policy
It is the purpose of sections
pollution by: (a) preventing any new pollution; and (b) abating pollution existing
when sections
declaration of policy above stated.
Sec. 62. Minnesota Statutes 2010, section 115.55, subdivision 7, is amended to read:
Subd. 7. Local standards. (a) Existing systems. Counties may adopt by ordinance
local standards that are less restrictive than the agency's rules in order to define an
acceptable existing system. The local standards may include soil separation, soil
classification, vegetation, system use, localized well placement and construction, localized
density of systems and wells, extent of area to be covered by local standards, groundwater
flow patterns, and existing natural or artificial drainage systems. The local standards
and criteria shall be submitted to the commissioner for comment prior to adoption to
demonstrate that, based on local circumstances in that jurisdiction, they adequately protect
public health and the environment.
(b) New or replacement systems. Counties, after providing documentation of
conditions listed in this paragraph to the commissioner, may adopt by ordinance local
standards that are less restrictive than the agency's rules for new system construction or
replacement in areas of sustained and projected low population density where conditions
render conformance to applicable requirements difficult or otherwise inappropriate.
Documentation may include a map delineating the area of the county to be served by the
local standards, a description of the hardship that would result from strict adherence to the
agency's rules, and evidence of sustained and projected low population density. The local
standards must protect human health and the environment and be based on considerations
that may include, but need not be limited to, soil separation, soil classification, vegetation,
system use, localized well placement and construction, localized density of systems
and wells, extent of area to be covered by local standards, groundwater flow patterns,
and existing natural or artificial drainage systems. The local standards must provide
cost-effective and long-term treatment alternatives. The draft ordinance incorporating the
local standards must be submitted with justification to the commissioner 30 days before
adoption for review and comment.
(c) New or replacement systems; local ordinances. A local unit of government
may adopt and enforce ordinances or rules affecting new or replacement subsurface
sewage treatment systems that are more restrictive than the agency's rules. A local unit
of government may not adopt or enforce an ordinance or rule if its effect is to prevent or
delay recording with the county recorder or registrar of titles of a deed or other instrument
that is otherwise entitled to be recorded.
(d) Local standards; conflict with state law. Local standards adopted under
paragraph (a) or (b) must not conflict with any requirements under other state laws or rules
or local ordinances, including, but not limited to, requirements for:
(1) systems in shoreland areas, regulated under sections
(2) well construction and location, regulated under chapter 103I; and
(3) systems used in connection with food, beverage, and lodging establishments,
regulated under chapter 157.
Alternative local standards for new or replacement residential systems with flow of
2,500 gallons per day or less may be applied to systems listed in clause (1), provided the
alternative standards are no less stringent than provisions of Minnesota Rules, chapter
7080, that went into effect on April 3, 2006. In addition, alternative local standards for
new or replacement systems with flow of 2,500 gallons per day or less may be applied to
systems listed in clause (3), provided the alternative standards are no less stringent than
provisions of Minnesota Rules, chapter 7080, that went into effect on April 3, 2006,
except that the waste strength must meet the standards established in Minnesota Rules,
part 7080.2150, subpart 3, item K. If additional treatment of waste is needed to meet this
standard, the treatment must be in accordance with Minnesota Rules, part 7080.2150,
subpart 3, item A. The local standards must include references to applicable requirements
under other state laws or rules or local ordinances. Nothing in this paragraph prevents
a local subsurface sewage treatment system ordinance from including provisions of the
current rule as part of the alternative local standards.
Sec. 63. [115A.121] TOXICS AND POLLUTION PREVENTION EVALUATION;
CONSOLIDATED REPORT.
The commissioner shall prepare and adopt a report on pollution prevention activities
required in chapters 115A, 115D, and 325E. The report must include activities required
under section 115A.1320. The commissioner must submit the report to the senate and
house of representatives committees having jurisdiction over environment and natural
resources by December 31, 2013, and every four years thereafter.
Sec. 64. Minnesota Statutes 2011 Supplement, section 115A.1320, subdivision 1,
is amended to read:
Subdivision 1. Duties of the agency. (a) The agency shall administer sections
(b) The agency shall establish procedures for:
(1) receipt and maintenance of the registration statements and certifications filed
with the agency under section
(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
(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
these values must be changed in order to improve the efficiency or effectiveness of the
activities regulated under sections
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)
provide a report to the governor and the legislature on the implementation of sections
of covered electronic devices recycled and a summary of information in the reports
submitted by manufacturers and recyclers under section
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
by the agency regarding the implementation of sections
report must be done in conjunction with the report required under section 115D.10.
(f) The agency shall promote public participation in the activities regulated under
sections
(g) The agency shall enforce sections
provided by sections
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
(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.
(i) The agency shall develop a form retailers must use to report information to
manufacturers under section
(j) The agency shall post on its Web site the contact information provided by each
manufacturer under section
Sec. 65. Minnesota Statutes 2010, section 115A.15, subdivision 5, is amended to read:
Subd. 5. Reports.
of administration shall submit a report to the governor and to the senate and house of
representatives committees having jurisdiction over environment and natural resources
and environment and natural resources finance summarizing past activities and proposed
goals of the program for the following biennium. The report shall include at least:
(1) a summary list of product and commodity purchases that contain recycled
materials;
(2) the results of any performance tests conducted on recycled products and agencies'
experience with recycled products used;
(3) a list of all organizations participating in and using the cooperative purchasing
program; and
(4) a list of products and commodities purchased for their recyclability and of
recycled products reviewed for purchase.
Sec. 66. Minnesota Statutes 2010, section 115A.411, is amended to read:
115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED
REPORT.
Subdivision 1. Authority; purpose. The commissioner shall prepare and adopt a
report on solid waste management policy and activities under this chapter. The report must
be submitted by the commissioner to the senate and house of representatives committees
having jurisdiction over environment and natural resources
years thereafter and shall include reports required under sections
6
Subd. 2. Contents. (a) The report
(1) a summary of the current status of solid waste management, including the amount
of solid waste generated and reduced, the manner in which it is collected, processed, and
disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the
facilities available or under development to manage the waste;
(2) an evaluation of the extent and effectiveness of implementation
115A.02, including an assessment of progress in accomplishing state policies, goals, and
objectives, including those listed in paragraph (b);
(3) identification of issues requiring further research, study, and action, the
appropriate scope of the research, study, or action, the state agency or political subdivision
that should implement the research, study, or action, and a schedule for completion
of the activity; and
(4) recommendations for establishing or modifying state solid waste management
policies, authorities, responsibilities, and programs
the metropolitan area solid waste policy plan as required in section
(b) The
(1) achieving the maximum feasible reduction in waste generation;
(2) encouraging manufacturers to design products that eliminate or reduce the
adverse environmental impacts of resource extraction, manufacturing, use, and waste
processing and disposal;
(3) educating businesses, public entities, and other consumers about the need to
consider the potential environmental and financial impacts of purchasing products that
may create a liability or that may be expensive to recycle or manage as waste, due to the
presence of toxic or hazardous components;
(4) eliminating or reducing toxic or hazardous components in compost from
municipal solid waste composting facilities, in ash from municipal solid waste incinerators,
and in leachate and air emissions from municipal solid waste landfills, in order to reduce
the potential liability of waste generators, facility owners and operators, and taxpayers;
(5) encouraging the source separation of materials to the extent practicable, so that
the materials are most appropriately managed and to ensure that resources that can be
reused or recycled are not disposed of or destroyed; and
(6) maximizing the efficiency of the waste management system by managing waste
and recyclables close to the point of generation, taking into account the characteristics of
the resources to be recovered from the waste and the type and capacity of local facilities.
Sec. 67. Minnesota Statutes 2010, section 115A.551, subdivision 2a, is amended to
read:
Subd. 2a. Supplementary recycling goals.
will have as a goal to recycle the following amounts:
(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation;
(2) for a metropolitan county, 50 percent by weight of total solid waste generation.
Each county will develop and implement or require political subdivisions within the
county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.
Sec. 68. Minnesota Statutes 2010, section 115A.551, subdivision 4, is amended to read:
Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each
county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner
shall report to the senate and house of representatives committees having jurisdiction over
environment and natural resources
under section 115A.411. If the commissioner finds that a county is not progressing toward
the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to
develop and implement solid waste management techniques designed to assist the county
in meeting the goals, such as organized collection, curbside collection of source-separated
materials, and volume-based pricing.
Sec. 69. Minnesota Statutes 2010, section 115A.557, subdivision 4, is amended to read:
Subd. 4. Report.
shall report on how the money was spent and the resulting statewide improvements in
solid waste management to the senate and house of representatives committees having
jurisdiction over ways and means, finance, environment and natural resources, and
environment and natural resources finance. The report shall be included in the report
required under section
Sec. 70. Minnesota Statutes 2010, section 115A.904, is amended to read:
115A.904 LAND DISPOSAL PROHIBITED.
The disposal of waste tires in the land is prohibited after July 1, 1985, except for
beneficial uses of tire-derived products designated by the commissioner. This does not
prohibit the storage of unprocessed waste tires at a collection or processing facility.
Sec. 71. Minnesota Statutes 2010, section 115D.08, is amended to read:
115D.08 PROGRESS REPORTS.
Subdivision 1. Requirement to submit progress report. (a) All persons required to
prepare a toxic pollution prevention plan under section
progress report to the commissioner of public safety that may be drafted in a manner that
does not disclose proprietary information. Progress reports are due on
each year. The first progress reports are due in 1992.
(b) At a minimum, each progress report must include:
(1) a summary of each objective established in the plan, including the base year for
any objective stated in numeric terms, and the schedule for meeting each objective;
(2) a summary of progress made during the past year, if any, toward meeting each
objective established in the plan including the quantity of each toxic pollutant eliminated
or reduced;
(3) a statement of the methods through which elimination or reduction has been
achieved;
(4) if necessary, an explanation of the reasons objectives were not achieved during
the previous year, including identification of any technological, economic, or other
impediments the facility faced in its efforts to achieve its objectives; and
(5) a certification, signed and dated by the facility manager and an officer of the
company under penalty of section
of section
in the progress report.
Subd. 2. Review of progress reports. (a) The commissioner of public safety shall
review all progress reports to determine if they meet the requirements of subdivision 1.
If the commissioner of public safety determines that a progress report does not meet the
requirements, the commissioner of public safety shall notify the facility in writing and
shall identify specific deficiencies and specify a reasonable time period of not less than 90
days for the facility to modify the progress report.
(b) The commissioner of public safety shall be given access to a facility plan
required under section
the progress report for that facility does not meet the requirements of subdivision 1.
Twenty-five or more persons living within ten miles of the facility may submit a petition
to the commissioner of public safety that identifies specific deficiencies in the progress
report and requests the commissioner of public safety to review the facility plan. Within
30 days after receipt of the petition, the commissioner of public safety shall respond in
writing. If the commissioner of public safety agrees that the progress report does not meet
requirements of subdivision 1, the commissioner of public safety shall be given access
to the facility plan.
(c) After reviewing the plan and the progress report with any modifications
submitted, the commissioner of public safety shall state in writing whether the progress
report meets the requirements of subdivision 1. If the commissioner of public safety
determines that a modified progress report still does not meet the requirements of
subdivision 1, the commissioner of public safety shall schedule a public meeting. The
meeting shall be held in the county where the facility is located. The meeting is not
subject to the requirements of chapter 14.
(d) The facility shall be given the opportunity to amend the progress report within a
period of not less than 30 days after the public meeting.
(e) If the commissioner of public safety determines that a modified progress report
still does not meet the requirements of subdivision 1, action may be taken under section
Sec. 72. Minnesota Statutes 2010, section 116.011, is amended to read:
116.011
A goal of the Pollution Control Agency is to reduce the amount of pollution that is
emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency
shall report the best estimate of the agency of the total volume of water and air pollution
that was emitted in the state in the previous two calendar
available. The agency shall report its findings for both water and air pollution:
(1) in gross amounts, including the percentage increase or decrease over the
previously reported two calendar
(2) in a manner which will demonstrate the magnitude of the various sources of
water and air pollution.
Sec. 73. Minnesota Statutes 2010, section 116.0714, is amended to read:
116.0714 NEW OPEN AIR SWINE BASINS.
The commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30,
Sec. 74. Minnesota Statutes 2010, section 116.10, is amended to read:
116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
Consistent with the policy announced herein and the purposes of Laws 1963, chapter
874, the Pollution Control Agency shall
Sec. 75. Minnesota Statutes 2010, section 116C.833, subdivision 2, is amended to read:
Subd. 2.
sections
and
the activities of the Interstate Commission. The report shall include any recommendations
the commissioner deems necessary to assure the protection of the interest of the state in
the proper functioning of the compact. The commissioner also shall report to the governor
and the legislature any time there is a change in the status of a host state or other party
states in the compact.
Sec. 76. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a, as
amended by Laws 2012, chapter 150, article 2, section 2, is amended to read:
Subd. 2a. When prepared. Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.
(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section
of the expanded or converted facility to produce alcohol fuel, but must be required if
the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
of actions for which environmental assessment worksheets must be prepared. The
responsible governmental unit for an ethanol plant or biobutanol facility project for which
an environmental assessment worksheet is prepared shall be the state agency with the
greatest responsibility for supervising or approving the project as a whole.
A mandatory environmental impact statement shall not be required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
or plant is: an ethanol plant, as defined in section
(b); a biobutanol facility, as defined in section
cellulosic biofuel facility, as defined in section
(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet
at least one newspaper of general circulation in the geographic area where the project is
proposed, by posting the notice on a Web site that has been designated as the official
publication site for publication of proceedings, public notices, and summaries of a political
subdivision in which the project is proposed or in any other manner
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30-day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15-day period by not more than 15
additional days upon the request of the responsible governmental unit.
(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.
(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:
(1) the proposed action is:
(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;
(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and
(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.
(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.
(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.
(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits
or other actions required for a proposed project shall be developed in conjunction
with the preparation of an environmental impact statement. When an environmental
impact statement is prepared for a project requiring multiple permits for which two or
more agencies' decision processes include either mandatory or discretionary hearings
before a hearing officer prior to the agencies' decision on the permit, the agencies
may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
consolidated hearing process if requested by the proposer. All agencies having jurisdiction
over a permit that is included in the consolidated hearing shall participate. The responsible
governmental unit shall establish appropriate procedures for the consolidated hearing
process, including procedures to ensure that the consolidated hearing process is consistent
with the applicable requirements for each permit regarding the rights and duties of parties
to the hearing, and shall utilize the earliest applicable hearing procedure to initiate the
hearing. The procedures of section
hearing.
(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.
(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.
Sec. 77. Minnesota Statutes 2010, section 116D.04, is amended by adding a
subdivision to read:
Subd. 15. Duplicative permit information; environmental assessment
worksheets. To the extent practicable and so as not to conflict with other requirements of
this section, the board shall not require, unless necessary, information in an environmental
assessment worksheet for a proposed action when the information is also required as part
of any necessary permitting process for the proposed action.
Sec. 78. Minnesota Statutes 2010, section 116J.035, subdivision 8, as added by Laws
2012, chapter 150, article 1, section 8, is amended to read:
Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
economic development shall, through the multiagency collaboration called "Minnesota
Business First Stop," ensure the coordination, implementation, and administration of
state permits, including:
(1) establishing a mechanism in state government that will coordinate administrative
decision-making procedures and related quasijudicial and judicial review pertaining to
permits related to the state's air, land, and water resources;
(2) providing coordination and understanding between federal, state, and local
governmental units in the administration of the various programs relating to air, water,
and land resources;
(3) identifying all existing state permits and other approvals, compliance schedules,
or other programs that pertain to the use of natural resources and protection of the
environment; and
(4) recommending legislative or administrative modifications to existing permit
programs to increase their efficiency and utility.
(b) A person proposing a project may apply to Minnesota Business First Stop for
assistance in obtaining necessary state permits and other approvals. Upon request, the
commissioner shall to the extent practicable:
(1) provide a list of all federal, state, and local permits and other required approvals
for the project;
(2) provide a plan that will coordinate federal, state, and local administrative
decision-making practices, including monitoring, analysis and reporting, public comments
and hearings, and issuances of permits and approvals;
(3) provide a timeline for the issuance of all federal, state, and local permits and
other approvals required for the project;
(4) coordinate the execution of any memorandum of understanding between the
person proposing a project and any federal, state, or local agency;
(5) coordinate all federal, state, or local public comment periods and hearings; and
(6) provide other assistance requested to facilitate final approval and issuance of all
federal, state, and local permits and other approvals required for the project.
(c) Notwithstanding section
a schedule to assess the project proposer for reasonable costs that any state agency incurs
in coordinating the implementation and administration of state permits, and the proposer
shall pay the assessed costs to the commissioner. Money received by the
fund and is appropriated to the commissioner to cover the assessed costs incurred.
(d) The coordination of implementation and administration of state permits is not
governmental action under section
Sec. 79. Minnesota Statutes 2010, section 216C.055, is amended to read:
216C.055 KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN
PRODUCING THERMAL ENERGY.
The
commissioners of commerce and the Pollution Control Agency under section
subdivision
combustion of grasses, agricultural wastes, trees, and other vegetation to produce thermal
energy for heating commercial, industrial, and residential buildings and for industrial
processes if the commissioners determine that such policies are appropriate to achieve the
state's greenhouse gas emissions-reduction goals. No legal claim against any person is
allowed under this section. This section does not apply to the combustion of municipal
solid waste or refuse-derived fuel to produce thermal energy. For purposes of this section,
removal of woody biomass from publicly owned forests must be consistent with the
principles of sustainable forest management.
Sec. 80. Minnesota Statutes 2010, section 216H.07, subdivision 3, is amended to read:
Subd. 3. Biennial
odd-numbered year, the commissioners of commerce and the Pollution Control Agency
shall jointly report to the chairs and ranking minority members of the legislative
committees with primary policy jurisdiction over energy and environmental issues the
most recent and best available evidence identifying the level of reductions already
achieved and the level necessary to achieve the reductions timetable in section
(b) The report must be in easily understood nontechnical terms.
Sec. 81. Minnesota Statutes 2010, section 473.149, subdivision 1, is amended to read:
Subdivision 1. Policy plan; general requirements. The commissioner of the
Pollution Control Agency
solid waste management adopted
December 31, 2016, and every sixth year thereafter. The plan shall be followed in the
metropolitan area.
policies and purposes expressed in section
shall follow the procedures in subdivision 3. The plan shall include goals and policies
for solid waste management, including recycling consistent with section
household hazardous waste management consistent with section
in the metropolitan area.
The plan shall include criteria and standards for solid waste facilities and solid
waste facility sites respecting the following matters: general location; capacity; operation;
processing techniques; environmental impact; effect on existing, planned, or proposed
collection services and waste facilities; and economic viability. The plan shall, to the
extent practicable and consistent with the achievement of other public policies and
purposes, encourage ownership and operation of solid waste facilities by private industry.
For solid waste facilities owned or operated by public agencies or supported primarily by
public funds or obligations issued by a public agency, the plan shall include additional
criteria and standards to protect comparable private and public facilities already existing
in the area from displacement unless the displacement is required in order to achieve the
waste management objectives identified in the plan. In revising the plan, the commissioner
shall consider the orderly and economic development, public and private, of the
metropolitan area; the preservation and best and most economical use of land and water
resources in the metropolitan area; the protection and enhancement of environmental
quality; the conservation and reuse of resources and energy; the preservation and
promotion of conditions conducive to efficient, competitive, and adaptable systems
of waste management; and the orderly resolution of questions concerning changes in
systems of waste management. Criteria and standards for solid waste facilities shall be
consistent with rules adopted by the Pollution Control Agency pursuant to chapter 116 and
shall be at least as stringent as the guidelines, regulations, and standards of the federal
Environmental Protection Agency.
Sec. 82. Minnesota Statutes 2010, section 473.149, subdivision 6, is amended to read:
Subd. 6. Report to legislature. The commissioner shall report on abatement to
the senate and house of representatives committees having jurisdiction over ways and
means, finance, environment and natural resources
and natural resources finance. The report must include an assessment of whether the
objectives of the metropolitan abatement plan have been met and whether each county
and each class of city within each county have achieved the objectives set for it in the
plan. The report must recommend any legislation that may be required to implement the
plan. The report shall be included in the report required by section
year the commissioner reports that the objectives of the abatement plan have not been
met, the commissioner shall evaluate and report on the need to reassign governmental
responsibilities among cities, counties, and metropolitan agencies to assure implementation
and achievement of the metropolitan and local abatement plans and objectives.
The report must include a report on the operating, capital, and debt service costs of
solid waste facilities in the metropolitan area; changes in the costs; the methods used to
pay the costs; and the resultant allocation of costs among users of the facilities and the
general public. The facility costs report must present the cost and financing analysis in the
aggregate and broken down by county and by major facility.
Sec. 83. Minnesota Statutes 2010, section 473.846, is amended to read:
473.846
The agency shall submit to the senate
representatives
has been spent under sections
The report for section 473.844 expenditures shall be included in the report required by
section
and shall include recommendations
metropolitan landfill abatement account. By December 31 of each year, the commissioner
shall submit the report for section 473.845 on contingency action trust fund activities.
Sec. 84. Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended by
Laws 2009, chapter 37, article 1, section 60, is amended to read:
| Subd. 2.Land and Mineral Resources Management |
11,747,000 |
11,272,000 |
|||||
| Appropriations by Fund |
|||
| General |
6,633,000 |
6,230,000 |
|
| Natural Resources |
3,551,000 |
3,447,000 |
|
| Game and Fish |
1,363,000 |
1,395,000 |
|
| Permanent School |
200,000 |
200,000 |
|
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 and $275,000 each
year is from the general fund. $237,500 the
first year and $237,500 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.
$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 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.
$2,800,000 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
$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.
$15,000 the first year is for a report
by February 1, 2008, to the house and
senate committees with jurisdiction over
environment and natural resources on
proposed minimum legal and conservation
standards that could be applied to
conservation easements acquired with public
money.
$1,201,000 the first year and $701,000 the
second year are to support the land records
management system. Of this amount,
$326,000 the first year and $326,000 the
second year are from the game and fish fund
and $375,000 the first year and $375,000 the
second year are from the natural resources
fund. The unexpended balances are available
until June 30, 2011.
$500,000 the first year and $500,000 the
second year are for land asset management.
This is a onetime appropriation.
Sec. 85. Laws 2010, chapter 362, section 2, subdivision 7, is amended to read:
| Subd. 7.Renewable Energy |
-0- |
3,364,000 |
|||||
| (a) Algae for Fuels Pilot Project |
|||||||
of Regents of the University of Minnesota
to demonstrate an innovative microalgae
production system utilizing and treating
sanitary wastewater to produce biofuels
from algae. This appropriation is available
until June 30, 2013, by which time the
project must be completed and final products
delivered.
| (b) Sustainable Biofuels |
|||||||
of Regents of the University of Minnesota
to determine how fertilization and irrigation
impact yields of grass monoculture and high
diversity prairie biofuel crops, their storage
of soil carbon, and susceptibility to invasion
by exotic species. This appropriation is
available until June 30, 2013, by which time
the project must be completed and final
products delivered.
| (c) Linking Habitat Restoration to Bioenergy and Local Economies |
|||||||
commissioner of natural resources to restore
high quality native habitats and expand
market opportunities for
material for bioenergy
products. The commissioner may provide
grants or otherwise transfer some or all
of this money to other public or private
entities to accomplish these purposes. The
commissioner may sell the material from
public or private property to any viable
market, provided that all of the proceeds
are spent to further the purposes of this
appropriation. This appropriation is available
until June 30, 2013, by which time the
project must be completed and final products
delivered.
| (d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs) |
|||||||
the commissioner of natural resources
for agreements as follows: $206,000
with Audubon Center of the North
Woods; $212,000 with Deep Portage
Learning Center; $350,000 with Eagle
Bluff Environmental Learning Center;
$258,000 with Laurentian Environmental
Learning Center; $240,000 with Long
Lake Conservation Center; and $234,000
with Wolf Ridge Environmental Learning
Center to implement renewable energy,
energy efficiency, and energy conservation
practices at the facilities. Efforts will include
dissemination of related energy education.
Sec. 86. Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision 3,
is amended to read:
Subd. 3. Administration. The commissioner of natural resources shall administer
the area according to Minnesota Statutes, section
existing rules and regulations for state recreation areas, except the following is permitted:
hunting, fishing, and trapping of protected species during designated seasons and dogs
under control for hunting purposes during regular hunting seasons. La Salle Lake State
Recreation Area shall be administered as a satellite unit of Itasca State Park.
Sec. 87. LEGISLATIVE REPORT ON STATE PARKS, RECREATION AREAS,
TRAILS, AND STATE FOREST DAY USE AREAS.
(a) By January 15, 2013, the commissioner of natural resources shall prepare and
submit a report to the chairs and ranking minority members of the house of representatives
and senate legislative committees with jurisdiction over environment and natural resources
policy and finance concerning the long-term funding, use, expansion, and administration
of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas.
(b) At a minimum, the report shall include:
(1) long-term funding options to reduce reliance on general fund appropriations for
maintaining and operating state parks, recreation areas, trails, and forest day use areas;
(2) criteria and considerations for optimizing the system of state parks, recreation
areas, trails, and state forest day use areas to ensure investment focuses on Minnesota's
most important natural resources and the highest quality recreational opportunities; and
(3) recommendations for innovative programs and initiatives to increase outdoor
recreation participation among Minnesotans and visitors to the state.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 88. ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
APPROPRIATION EXTENSION.
(a) The availability of the appropriation is extended to June 30, 2013, for:
(1) Laws 2009, chapter 143, section 2, subdivision 5, paragraph (c), cooperative
habitat research in deep lakes; and
(2) Laws 2009, chapter 143, section 2, subdivision 6, paragraph (d), controlling the
movement of invasive fish species.
(b) The availability of the appropriation is extended to June 30, 2014, for Laws
2009, chapter 143, section 2, subdivision 4, paragraph (c), metropolitan regional park
system acquisition.
(c) The availability of the appropriation is extended to June 30, 2015, for Laws
2011, First Special Session chapter 2, article 3, section 2, subdivision 9, paragraph (a),
Minnesota Conservation Apprenticeship Academy.
Sec. 89. BENEFICIAL USE OF WASTEWATER; GRANTS IN FISCAL YEARS
2010 AND 2011.
Notwithstanding Minnesota Statutes, section 116.195, grants issued during fiscal
years 2010 and 2011 may be amended to replace surface water with wastewater effluent
that increases the reuse of wastewater effluent and reduces the use of surface water.
Sec. 90. RULEMAKING; NOTICE OF ENVIRONMENTAL ASSESSMENT
WORKSHEET.
The Environmental Quality Board may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules
to conform with the amendments to Minnesota Statutes, section 116D.04, subdivision
2a, contained in this act. Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
Sec. 91. 2009 LOTTERY-IN-LIEU APPROPRIATION EXTENSION.
The appropriation in Laws 2009, chapter 37, article 1, section 4, subdivision 5, from
the natural resources fund from the revenue deposited under Minnesota Statutes, section
297A.94, paragraph (e), clause (4), for local grants is available until June 30, 2013.
Sec. 92. FOREST RESOURCES COUNCIL STUDY.
By January 15, 2013, the Forest Resources Council shall submit a report to the
environment and natural resources policy and finance committees and the tax committees
of the house of representatives and senate on the status of private forest land management
and the policy of the state to promote healthy and robust forests. The study shall evaluate
existing and potential financial incentives for private forest land management and include
recommendations for state policies that will ensure that private forest lands are sustainable
and continue to contribute to Minnesota's economic vitality as well as provide access to
the public to hunting and fishing resources.
Sec. 93. METROPOLITAN WASTE DISPOSAL RESTRICTIONS REPORT.
By August 1, 2012, the commissioner of the Pollution Control Agency shall prepare
a report on how compliance with Minnesota Statutes, section 473.848, may be achieved.
The commissioner must allow interested parties at least 30 days to review and comment
on the report. Written comments received from interested parties and the commissioner's
responses to the comments must be included in the report. By October 1, 2012, the report,
comments, and responses shall be submitted to the chairs and ranking minority members
of the senate and house of representatives committees with jurisdiction over environmental
policy and finance. The agency may not require compliance with Minnesota Statutes,
section 473.848, before February 15, 2013.
Sec. 94. PROTECT AQUATIC HABITAT FROM ASIAN CARP.
Prior to entering into a contract pursuant to the appropriation in S.F. No. 2493,
article 1, section 2, subdivision 5, paragraph (h), if enacted, the commissioner shall consult
with the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over natural resources and energy.
Sec. 95. MINNESOTA POLLUTION CONTROL AGENCY CITIZEN'S BOARD
REVIEW.
The evaluation of environmental governance under Executive Order 11-32 must
include a review of the Minnesota Pollution Control Agency Citizen's Board's role in
reviewing permits, environmental assessment worksheets, and environmental impact
statements. The evaluation should include, but is not limited to, an examination of the
benefits and drawbacks of the board versus the agency's commissioner making final
decisions on all or various subsets of permits and environmental reviews, along with how
these matters are referred to the board versus the commissioner. Any recommendations
must be reported to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over the environment and natural resources.
Sec. 96. RULEMAKING.
The commissioner of the Pollution Control Agency must amend Minnesota Rules
to conform to section 62. The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.
Sec. 97. CONTINGENT AMENDMENT AND REPEAL; 2012 LAW.
If H.F. 2171 or its equivalent is not enacted in 2012 and S.F. 2493 or its equivalent is
enacted in 2012, then S.F. 2493, article 4, section 2, or its equivalent is repealed and the
appropriation in article 4, section 3, of that act is reduced by $1,000,000.
Sec. 98. REPEALER.
(a) Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision
5; 89.06; 90.042; 97A.4742, subdivision 4; 103G.705; 115.447; 115A.07, subdivision 2;
115A.965, subdivision 7; and 216H.07, subdivision 4, Laws 2011, chapter 107, section
105, and Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3;
7021.0050, subparts 1, 2, and 3; and 7041.0500, subparts 5, 6, and 7, are repealed.
(b) Minnesota Statutes 2011 Supplement, sections 86B.508; and 86B.811,
subdivision 1a, are repealed.
