Bill Text: MN HF2733 | 2013-2014 | 88th Legislature | Engrossed

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

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Bill Title: Omnibus environment and natural policy bill.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-05-21 - Secretary of State Chapter 289 [HF2733 Detail]

Download: Minnesota-2013-HF2733-Engrossed.html

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A bill for an act

relating to natural resources; modifying all-terrain vehicle and off-highway
motorcycle provisions; providing for certain regulatory efficiencies; modifying
invasive species provisions; modifying definition of snowmobile; prohibiting
tampering with off-road recreational vehicle odometers; modifying use of forest
trails; modifying outdoor recreation system provisions; modifying Water Law;
modifying forestry provisions; modifying provision related to environmental
impact statements;amending Minnesota Statutes 2012, sections 17.4982,
subdivision 18a; 84.027, subdivisions 13a, 14a; 84.0857; 84.791, subdivision 4;
84.81, subdivision 3; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 3; 84.926,
subdivision 4; 84D.01, subdivisions 8, 8b, 13, 15, 17, 18; 84D.03, as amended;
84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13,
subdivision 5; 86A.09; 86A.11; 89A.02; 89A.03, subdivisions 1, 6; 89A.04;
89A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07; 89A.08,
subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; 97C.821; 103E.065; 103F.121,
subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.287,
subdivision 2; 103G.615, subdivision 3a; 116D.04, subdivision 2a; 325E.13, by
adding a subdivision; 325E.14, subdivisions 1, 3, 4, 6; Minnesota Statutes 2013
Supplement, sections 84.027, subdivision 13; 84.9256, subdivision 1; 84D.10,
subdivision 4; 84D.105, subdivision 2; 103C.311, subdivision 2; 103G.287,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapter
89A; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7;
89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a; 103F.121, subdivisions
3, 4; 103F.165, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2012, section 17.4982, subdivision 18a, is amended to
read:
    Subd. 18a. Nonindigenous species. "Nonindigenous species" means a species of
fish or other aquatic life that is:
(1) not known to have been historically present in the state;
(2) not known to be naturally occurring in a particular part of the state; or
(3) designated listed by rule as a prohibited or regulated invasive species.

    Sec. 2. Minnesota Statutes 2013 Supplement, section 84.027, subdivision 13, is
amended to read:
    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate list prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
based upon current biological and harvest data, the commissioner may adopt a rule
under this subdivision by submitting the rule to the attorney general for review under
section 97A.0455, publishing a notice in the State Register and filing the rule with the
secretary of state and the Legislative Coordinating Commission, and complying with
section 97A.0459, and including a statement of the conditions and a copy of the rule in the
notice. The conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking. The
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
effective.

    Sec. 3. Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:
    Subd. 13a. Game and fish expedited permanent rules. In addition to the authority
granted in subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:
    (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or
    (2) section 84D.12 to designate list prohibited invasive species, regulated invasive
species, and unregulated nonnative species.

    Sec. 4. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
and resource management permits be issued or denied within 150 days of the submission
of a permit application. The commissioner of natural resources shall establish management
systems designed to achieve the goal.
(b) The commissioner shall prepare semiannual a permitting efficiency reports
report that include includes statistics on meeting the goal in paragraph (a). The reports
are report is due February 1 and August 1 each year. For permit applications that have
not met the goal, the report must state the reasons for not meeting the goal. In stating the
reasons for not meeting the goal, the commissioner shall separately identify delays caused
by the responsiveness of the proposer, lack of staff, scientific or technical disagreements,
or the level of public engagement. The report must specify the number of days from
initial submission of the application to the day of determination that the application is
complete. The report for August 1 each year must aggregate the data for the year and
assess whether program or system changes are necessary to achieve the goal. The report
must be posted on the department's Web site and submitted to the governor and the chairs
and ranking minority members of the house of representatives and senate committees
having jurisdiction over natural resources policy and finance.
(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.
(d) Beginning July 1, 2011, within 30 business days of application for a permit subject
to paragraph (a), the commissioner of natural resources shall notify the project proposer,
in writing, whether the application is complete or incomplete. If the commissioner
determines that an application is incomplete, the notice to the applicant must enumerate
all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
the applicant on how the deficiencies can be remedied. This paragraph does not apply to
an application for a permit that is subject to a grant or loan agreement under chapter 446A.

    Sec. 5. Minnesota Statutes 2012, section 84.0857, is amended to read:
84.0857 FACILITIES MANAGEMENT ACCOUNT.
    (a) The commissioner of natural resources may bill organizational units within
the Department of Natural Resources and other governmental units, including tribal
governments, for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and
other direct costs as determined by the commissioner. Receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.
    (b) Money deposited in the special account from the proceeds of a sale under section
94.16 , subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.
(c) The commissioner of natural resources may bill organizational units within
the Department of Natural Resources and other governmental units, including tribal
governments, for the costs of operating facilities. Receipts shall be credited to a special
account in the state treasury and are appropriated to the commissioner to pay the costs
for which the billings were made.

    Sec. 6. Minnesota Statutes 2012, section 84.791, subdivision 4, is amended to read:
    Subd. 4. Off-highway motorcycle safety courses; reciprocity with other states;
accepted equivalencies. (a) The commissioner may enter into reciprocity agreements
or otherwise certify off-highway motorcycle environment and safety education and
training courses from other states that are substantially similar to in-state courses. Proof
of completion of a course subject to a reciprocity agreement or certified as substantially
similar is adequate to meet the safety certificate requirements of sections 84.787 to 84.795.
    (b) Proof of completion of the Motorcycle Safety Foundation Dirtbike School is
adequate to meet the safety certificate requirements of sections 84.787 to 84.795.

    Sec. 7. Minnesota Statutes 2012, section 84.81, subdivision 3, is amended to read:
    Subd. 3. Snowmobile. "Snowmobile" means a self-propelled vehicle originally
manufactured and designed for travel on snow or ice steered by skis or runners.
Snowmobile does not include the following vehicles equipped with aftermarket ski and
track configurations:
(1) an all-terrain vehicle defined in section 84.92;
(2) an off-highway motorcycle defined in section 84.787;
(3) an off-road vehicle defined in section 84.797;
(4) a mini truck defined in section 169.011;
(5) a utility task vehicle described in section 169.045; or
(6) any other vehicle being operated off road.

    Sec. 8. Minnesota Statutes 2012, section 84.92, subdivision 8, is amended to read:
    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires, but not more
than six low pressure or non-pneumatic tires, that is limited in engine displacement of
less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 2
all-terrain vehicle.

    Sec. 9. Minnesota Statutes 2012, section 84.92, subdivision 9, is amended to read:
    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than 1,000 1,200 pounds.

    Sec. 10. Minnesota Statutes 2012, section 84.92, subdivision 10, is amended to read:
    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of 1,000 1,200 to 1,800 pounds.

    Sec. 11. Minnesota Statutes 2012, section 84.925, subdivision 3, is amended to read:
    Subd. 3. All-terrain vehicle safety courses; reciprocity with other states;
accepted equivalencies. (a) The commissioner may enter into reciprocity agreements
or otherwise certify all-terrain vehicle environmental and safety education and training
courses from other states that are substantially similar to in-state courses. Proof of
completion of a course subject to a reciprocity agreement or certified as substantially
similar is adequate to meet the safety certificate requirements of sections 84.92 to 84.928.
    (b) Proof of completion of training, including the ATV RiderCourse, offered by the
All-Terrain Vehicle Safety Institute is adequate to meet the safety certificate requirements
of sections 84.92 to 84.928.

    Sec. 12. Minnesota Statutes 2013 Supplement, section 84.9256, subdivision 1, is
amended to read:
    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on
public road rights-of-way that is permitted under section 84.928 and as provided under
paragraph (j), a driver's license issued by the state or another state is required to operate an
all-terrain vehicle along or on a public road right-of-way.
    (b) A person under 12 years of age shall not:
    (1) make a direct crossing of a public road right-of-way;
    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
    (3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).
    (c) Except for public road rights-of-way of interstate highways, a person 12 years
of age but less than 16 years may make a direct crossing of a public road right-of-way
of a trunk, county state-aid, or county highway or operate on public lands and waters or
state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
certificate issued by the commissioner and is accompanied by a person 18 years of age or
older who holds a valid driver's license.
    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 18 16 years old, must:
    (1) successfully complete the safety education and training program under section
84.925 , subdivision 1, including a riding component; and
    (2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.
    (e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.
    (f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.
    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
    (h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.
(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16 years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
or state or grant-in-aid trails if:
(1) the nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided in section
84.925 , subdivision 3; and
(2) the nonresident youth is accompanied by a person 18 years of age or older who
holds a valid driver's license.
(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
section 84.928 if the person:
(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and
(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

    Sec. 13. Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:
    Subd. 4. Off-road and all-terrain vehicles; limited or managed forests; trails.
Notwithstanding section 84.777, but subject to the commissioner's authority under
subdivision 5, on state forest lands classified as limited or managed, other than the Richard
J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
168 or section 84.798 or 84.922, including class 2 all-terrain vehicles, on forest trails
designated for off-road vehicle use and on forest trails that are not designated for a
specific use when:
(1) hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a valid big game
hunting license;
(3) tending traps during an open trapping season for protected furbearers, when in
possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license.

    Sec. 14. Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:
    Subd. 8. Infested waters. "Infested waters" means waters of the state designated
listed by the commissioner under sections 84D.03, subdivision 1, and 84D.12.

    Sec. 15. Minnesota Statutes 2012, section 84D.01, subdivision 8b, is amended to read:
    Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to determine
whether aquatic invasive species, aquatic macrophytes, or water is present and includes
removal, drainage, decontamination, collection and sampling, or treatment to prevent the
transportation and spread of aquatic invasive species, aquatic macrophytes, and water.

    Sec. 16. Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:
    Subd. 13. Prohibited invasive species. "Prohibited invasive species" means a
nonnative species that has been designated listed as a prohibited invasive species in a rule
adopted by the commissioner under section 84D.12.

    Sec. 17. Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:
    Subd. 15. Regulated invasive species. "Regulated invasive species" means a
nonnative species that has been designated listed as a regulated invasive species in a rule
adopted by the commissioner under section 84D.12.

    Sec. 18. Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:
    Subd. 17. Unlisted nonnative species. "Unlisted nonnative species" means a
nonnative species that has not been designated listed as a prohibited invasive species, a
regulated invasive species, or an unregulated nonnative species in a rule adopted by the
commissioner under section 84D.12.

    Sec. 19. Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:
    Subd. 18. Unregulated nonnative species. "Unregulated nonnative species" means
a nonnative species that has been designated listed as an unregulated nonnative species in
a rule adopted by the commissioner under section 84D.12.

    Sec. 20. Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter
121, section 10, is amended to read:
84D.03 INFESTED WATERS; RESTRICTED ACTIVITIES.
    Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall
designate list a water of the state as an infested water if the commissioner determines that:
    (1) the water contains a population of an aquatic invasive species that could spread
to other waters if use of the water and related activities are not regulated to prevent this; or
    (2) the water is highly likely to be infested by an aquatic invasive species because it
is connected to a water that contains a population of an aquatic invasive species.
    (b) When determining which invasive species comprise infested waters, the
commissioner shall consider:
    (1) the extent of a species distribution within the state;
    (2) the likely means of spread for a species; and
    (3) whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.
    (c) The presence of common carp and curly-leaf pondweed shall not be the basis
for designating listing a water as infested.
    (d) The designation of infested waters by the commissioner shall be by written
order published in the State Register maintain a list of infested waters and provide access
to a copy of the listed waters. Designations Listings are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
    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 97C.341.
    (b) In waters that are designated listed as infested waters, except those designated
listed because they contain prohibited invasive species of fish or certifiable diseases of fish,
as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:
    (1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner;
    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated listed 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 listed 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 listed 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.
    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an
infested water that is designated listed because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
a commercial licensee operates in an infested water designated listed because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
crayfish harvesting in waters designated listed as infested with invasive fish, invertebrates,
or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
the commissioner, as specified in the commercial licensee's license or permit. This tagging
requirement does not apply to commercial fishing equipment used in Lake Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated listed solely
because it contains Eurasian water milfoil must be dried for a minimum of ten days or
frozen for a minimum of two days before they are used in any other waters, except as
provided in this paragraph. Commercial licensees must notify the department's regional
or area fisheries office or a conservation officer before removing nets or equipment from
an infested water designated listed solely because it contains Eurasian water milfoil and
before resetting those nets or equipment in any other waters. Upon notification, the
commissioner may authorize a commercial licensee to move nets or equipment to another
water without freezing or drying, if that water is designated listed as infested solely
because it contains Eurasian water milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of
designated listed infested waters at the time that a license or permit is issued.

    Sec. 21. Minnesota Statutes 2012, section 84D.06, is amended to read:
84D.06 UNLISTED NONNATIVE SPECIES.
    Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic
plant or wild animal species unless:
(1) the person has notified the commissioner in a manner and form prescribed by
the commissioner;
(2) the commissioner has made the classification determination required in
subdivision 2 and designated listed the species as appropriate; and
(3) the introduction is allowed under the applicable provisions of this chapter.
    Subd. 2. Classification. (a) If the commissioner determines that a species for which
a notification is received under subdivision 1 should be classified as a prohibited invasive
species, the commissioner shall:
(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
as a prohibited invasive species; and
(2) notify the person from which the notification was received that the species is
subject to section 84D.04.
(b) If the commissioner determines that a species for which a notification is
received under subdivision 1 should be classified as an unregulated nonnative species,
the commissioner shall:
(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
as an unregulated nonnative species; and
(2) notify the person from which the notification was received that the species is not
subject to regulation under this chapter.
(c) If the commissioner determines that a species for which a notification is received
under subdivision 1 should be classified as a regulated invasive species, the commissioner
shall notify the applicant that the species is subject to the requirements in section 84D.07.

    Sec. 22. Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:
    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
peace officer may order:
    (1) the removal of aquatic macrophytes or prohibited invasive species from
water-related equipment before it is placed into waters of the state;
    (2) confinement of the water-related equipment at a mooring, dock, or other location
until the water-related equipment is removed from the water;
    (3) removal of water-related equipment from waters of the state to remove prohibited
invasive species if the water has not been designated listed by the commissioner as being
infested with that species; and
    (4) a prohibition on placing water-related equipment into waters of the state when
the water-related equipment has aquatic macrophytes or prohibited invasive species
attached in violation of subdivision 1 or when water has not been drained or the drain plug
has not been removed in violation of subdivision 4.
    (b) An inspector who is not a licensed peace officer may issue orders under
paragraph (a), clauses (1), (3), and (4).

    Sec. 23. Minnesota Statutes 2013 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 listed 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.
(g) A person who transports water that is appropriated from noninfested surface
water bodies and that is transported by a commercial vehicle, excluding watercraft, or
commercial trailer, which vehicle or trailer is specifically designed and used for water
hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
the transported water to other surface waters or within 100 feet of a surface water body.
(h) A person transporting water from noninfested surface water bodies for
firefighting or emergencies that threaten human safety or property is exempt from
paragraphs (a) and (b).

    Sec. 24. Minnesota Statutes 2013 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. The delegation agreements
may provide for the assumption of 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 84D.10,
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 individual or 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) to the extent called for in the delegation agreement, 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. 25. Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:
    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
permit to allow the harvest of bait:
(1) from waters that are designated listed as infested waters, except those designated
listed because they contain prohibited invasive species of fish or certifiable diseases of fish
as defined in section 17.4982, subdivision 6; and
(2) from infested waters as allowed under section 97C.341, paragraph (c).
The permit shall include conditions necessary to avoid spreading aquatic invasive
species.
    (b) Before receiving a permit, or working for a permittee, a person annually
must satisfactorily complete aquatic invasive species-related training provided by the
commissioner.

    Sec. 26. Minnesota Statutes 2012, section 84D.12, is amended to read:
84D.12 RULES.
    Subdivision 1. Required rules. The commissioner shall adopt rules:
    (1) designating listing prohibited invasive species, regulated invasive species, and
unregulated nonnative species of aquatic plants and wild animals;
    (2) governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and
    (3) governing notification under section 84D.08.
    Subd. 2. Authorized rules. The commissioner may adopt rules:
(1) regulating the possession, importation, purchase, sale, propagation, transport,
and introduction of invasive species of aquatic plants and wild animals; and
(2) regulating the appropriation, use, and transportation of water from listed infested
waters.
    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027,
subdivision 13 , that designate list:
    (1) prohibited invasive species of aquatic plants and wild animals;
    (2) regulated invasive species of aquatic plants and wild animals; and
    (3) unregulated nonnative species of aquatic plants and wild animals.

    Sec. 27. Minnesota Statutes 2012, 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 84D.09, $100;
    (2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, $200;
    (3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $500;
    (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 listed 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, $100; and
    (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. 28. Minnesota Statutes 2012, section 86A.09, is amended to read:
86A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.
    Subdivision 1. Master plan required. No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for scientific and natural
areas, for water access sites, for aquatic management areas, for rest areas, or for boater
waysides.
    Subd. 2. Master plan; preparation and content public review. The managing
agency shall supervise preparation of the master plan and shall utilize the professional
staffs of any agency of the state when the expertise of the staff of such agency is necessary
to adequately prepare the master plan; the master plan shall present the information in
a format and detail that is appropriate to the size and complexity of the authorized unit.
When the master plan has been completed the managing agency shall announce to the
public in a manner reasonably designed to inform interested persons that the master plan is
available for public review and in the case of any major unit shall hold at least one public
hearing meeting on the plan in the vicinity of the unit. The managing agency shall make
the master plan available for review and comment by the public and other state agencies
for at least 15 days prior to the public meeting and shall accept comments on the plan for
at least 30 days following the announcement and before submitting the master plan to the
commissioner of natural resources. Copies of the plan shall be provided to members of
the Outdoor Recreation Advisory Council and to any other person on request approval.
The managing agency shall prepare a record of the public meeting and any comments
received during the comment period.
    Subd. 3. Master plan; review and approval content. All master plans required
by this section shall be submitted to the commissioner of natural resources for review
pursuant to this subdivision. The commissioner of natural resources shall review the
master plan to determine whether the plan: (a) provides:
(1) provide for administration of the unit in a manner that is consistent with the
purposes for which the unit was authorized and with the principles governing the
administration of the unit, as specified in section 86A.05 and the statutes relating to each
type of unit; and
(b) recognizes (2) recognize values and resources within the unit that are primarily
the responsibility of another managing agency to protect or develop, and provides provide
for their protection or development either through a cooperative agreement with the other
managing agency or through designation of the appropriate area as a secondary unit. In
reviewing any master plan, the commissioner of natural resources shall consult with
other state agencies. Within 60 days after receiving the master plan, the commissioner of
natural resources shall notify the managing agency that the plan has been reviewed and
forward its recommendations for any changes it might suggest. The managing agency
shall review the recommendations and notify the commissioner of natural resources of the
disposition made of them. Failure to comment on a master plan within the time specified
shall be considered approval of the plan by the commissioner of natural resources. If the
commissioner of natural resources feels that the master plan still fails significantly to
comply with this subdivision, the commissioner may request review of the master plan by
the governor. In that event review shall not be deemed completed until after the master
plan has been approved by the governor or 60 days have elapsed without action by the
governor to approve or reject the plan, whichever occurs first.
    Subd. 4. Development. Construction of necessary facilities and other development
of the unit shall commence as soon as practicable after review of the master plan by the
commissioner of natural resources, and the governor if requested, and shall be carried out
in conformity with the master plan.
    Subd. 5. Establishment. When, in the opinion of the managing agency,
acquisition and development of the unit are sufficiently complete to permit operation and
administration of the unit in substantial conformity with the master plan as approved, the
managing agency shall declare the unit established and ready for use.
    Subd. 6. Master plan amendment. The managing agency shall prepare an
amendment to a master plan to address changes proposed for a unit that would vary
from the approved master plan. The master plan amendment shall address the impacts
of the proposed changes to the natural and cultural resources, interpretive services,
recreational opportunities, and administrative activities at the unit. The master plan
amendment supersedes the master plan for those areas addressed by the amendment. The
managing agency shall hold a public meeting for master plan amendments that constitute a
significant change in public use or access to the unit or that may be controversial. Public
notice and approval of the master plan amendment shall follow the process described in
subdivision 2. Construction of necessary facilities and other development of the unit shall
commence as soon as practicable after the master plan amendment is adopted.

    Sec. 29. Minnesota Statutes 2012, section 86A.11, is amended to read:
86A.11 REGISTRY OF UNITS.
The commissioner of natural resources and the director of the Minnesota Historical
Society shall each compile and maintain a current registry of the name, location, size,
and description of all units of the outdoor recreation system under the commissioner's
jurisdiction and under the jurisdiction of the Minnesota Historical Society and the
commissioner of transportation. The commissioner of natural resources their respective
jurisdictions, and shall publish and distribute the information contained in the registry in
a form and manner suitable to assist persons wishing to use these units. The Minnesota
Historical Society and the commissioner of transportation shall cooperate with and assist
the commissioner of natural resources in preparing and distributing the registry.

    Sec. 30. Minnesota Statutes 2012, section 89A.02, is amended to read:
89A.02 POLICY.
It is the policy of the state to:
(1) pursue the sustainable management, use, and protection of the state's forest
resources to achieve the state's economic, environmental, and social goals;
(2) encourage cooperation and collaboration between public and private sectors in
the management of the state's forest resources;
(3) recognize and consider forest resource issues, concerns, and impacts at the
site level and landscape levels level; and
(4) recognize the broad array of perspectives regarding the management, use,
and protection of the state's forest resources, and establish and maintain processes and
mechanisms that seek and incorporate these perspectives in the planning and management
of the state's forest resources.
Nothing in this chapter abolishes, repeals, or negates any existing authorities related
to managing and protecting the state's forest resources.

    Sec. 31. Minnesota Statutes 2012, section 89A.03, subdivision 1, is amended to read:
    Subdivision 1. Membership. The governor must appoint a chair and 15 other
members to the Minnesota Forest Resources Council. The Indian Affairs Council will
appoint one additional member. When making appointments to the council, the governor
must appoint knowledgeable individuals with an understanding of state forest resource
issues who fairly reflect a balance of the various interests in the sustainable management,
use, and protection of the state's forest resources in order to achieve the purpose and
policies specified in subdivision 2 and section 89A.02. The council membership appointed
by the governor must include the following individuals:
(1) two representatives from organizations representing environmental interests
within the state;
(2) a representative from an organization representing the interests of management
of game species;
(3) a representative from a conservation organization;
(4) a representative from an association representing forest products industry within
the state;
(5) a commercial logging contractor active in a forest product association;
(6) a representative from a statewide association representing the resort and tourism
industry;
(7) a faculty or researcher of a Minnesota research or higher educational institution;
(8) a representative from an association representing family forest woodlands who is
an owner of nonindustrial, private forest land of 40 acres or more;
(9) an owner of nonindustrial, private forest land;
(10) a representative from the department;
(11) a county land commissioner who is a member of the Minnesota Association
of County Land Commissioners;
(12) a representative from the United States Department of Agriculture Forest
Service unit with land management responsibility in Minnesota;
(13) a representative from a labor organization with membership having an interest
in forest resource issues;
(14) an individual representing a secondary wood products manufacturing
organization; and
(15) a chair; and
(16) an individual representing the Minnesota Indian Affairs Council.

    Sec. 32. Minnesota Statutes 2012, section 89A.03, subdivision 6, is amended to read:
    Subd. 6. Biennial report. The council must report to the governor and to the
legislative committees and divisions with jurisdiction over environment and natural
resource policy and finance by February 1 of each odd-numbered year. The report must
describe the progress and accomplishments made by the council during the preceding
year two years.

    Sec. 33. Minnesota Statutes 2012, section 89A.04, is amended to read:
89A.04 PARTNERSHIP.
It is the policy of the state to encourage forest landowners, forest managers, and
loggers to establish maintain a partnership in which the implementation of council
recommendations can occur in a timely and coordinated manner across ownerships. The
partnership shall serve as a forum for discussing operational implementation issues
and problem solving related to forest resources management and planning concerns,
and be responsive to the recommendations of the council. This partnership shall also
actively foster collaboration and coordination among forest managers, landowners, and
landowners loggers in addressing landscape-level operations and concerns. In fulfilling
its responsibilities as identified in this chapter, the partnership may advise the council.
Nothing in this section shall imply extra rights or influence for the partnership.

    Sec. 34. Minnesota Statutes 2012, section 89A.05, subdivision 1, is amended to read:
    Subdivision 1. Development and revision. The council shall coordinate the
development and periodic revision of comprehensive timber harvesting and forest
management guidelines based on the information derived from forest resources, practices,
implementation, and effectiveness monitoring programs, and other information deemed
appropriate by the council. The guidelines must address the water, air, soil, biotic,
recreational, cultural, and aesthetic resources found in forest ecosystems by focusing
on those impacts commonly associated with applying site-level forestry practices. The
guidelines must reflect a range of practical and sound practices based on the best available
scientific information, and be integrated to minimize conflicting recommendations while
being easy to understand and implement. By June 30, 2003, the council shall review the
guidelines and identify potential revisions. If deemed necessary, the council shall update
the guidelines by June 30, 2005. Changes to the guidelines shall be peer reviewed prior
to final adoption by the council. By December 1999, the council must undertake a peer
review of the recommendations in the forest management guidelines adopted in December
1998 for protecting forest riparian areas and seasonal ponds.

    Sec. 35. Minnesota Statutes 2012, section 89A.05, subdivision 3, is amended to read:
    Subd. 3. Application. The timber harvesting and forest management guidelines
are voluntary. Prior to their actual use, The council must develop and periodically assess
guideline implementation goals for each major forest land ownership category that will
sustain forest resources. If the information developed as a result of forest resources,
practices, compliance implementation, and effectiveness monitoring programs conducted
by the department or other information obtained by the council indicates the implementation
goals for the guidelines are not being met and the council determines significant adverse
impacts are occurring, the council shall recommend to the governor additional measures to
address those impacts. The council must incorporate the recommendations as part of the
council's biennial report required by section 89A.03, subdivision 6.

    Sec. 36. Minnesota Statutes 2012, section 89A.06, subdivision 1, is amended to read:
    Subdivision 1. Framework. The council must establish maintain a framework that
will enable long-range strategic planning and landscape coordination to occur, to the
extent possible, across all forested regions of the state and across all ownerships. The
framework must include:
(1) identification of the landscapes within which long-range strategic planning of
forest resources can occur, provided that the landscapes must be delineated based on
broadly defined ecological units and existing classification systems, yet recognize existing
political and administrative boundaries and planning processes;
(2) a statement of principles and goals for landscape-based forest resource planning;
and
(3) identification of a general process by which landscape-based forest resource
planning occurs, provided that the process must give considerable latitude to design
planning processes that fit the unique needs and resources of each landscape; reflect a
balanced consideration of the economic, social, and environmental conditions and needs
of each landscape; and interface and establish formats that are compatible with other
landscape-based forest resource plans.

    Sec. 37. Minnesota Statutes 2012, section 89A.06, subdivision 2, is amended to read:
    Subd. 2. Regional forest resource committees. To foster landscape-based
forest resource planning, the council must establish maintain regional forest resource
committees. Each regional committee shall:
(1) include representative interests in a particular region that are committed to and
involved in landscape planning and coordination activities;
(2) serve as a forum for landowners, managers, and representative interests to
discuss landscape forest resource issues;
(3) identify and implement an open and public process whereby landscape-based
strategic planning of forest resources can occur;
(4) integrate its report landscape planning efforts with existing public and private
landscape land management planning efforts in the region;
(5) facilitate landscape coordination between existing regional landscape planning
efforts of land managers in the region, both public and private;
(6) identify and facilitate opportunities for public participation in existing landscape
planning and coordination efforts in this the region;
(7) identify sustainable forest resource goals for the landscape and strategies
objectives to achieve those goals; and
(8) periodically recommend that the council undertake revisions of the region's
landscape plan; and
(8) (9) provide a regional perspective perspectives to the council with respect
to council activities.

    Sec. 38. Minnesota Statutes 2012, section 89A.06, subdivision 4, is amended to read:
    Subd. 4. Report. By November 1 of each even-numbered year, each regional
committee must report to the council its work activities and accomplishments.

    Sec. 39. Minnesota Statutes 2012, section 89A.07, is amended to read:
89A.07 MONITORING.
    Subdivision 1. Forest resource monitoring. The commissioner shall establish
maintain a program for monitoring broad trends and conditions in the state's forest
resources at statewide, landscape, and site levels. The council shall provide oversight and
program direction for the development and implementation of the monitoring program.
To the extent possible, the information generated under the monitoring program must
be reported in formats consistent with the landscape regions used to accomplish the
planning and coordination activities specified in section 89A.06. To the extent possible,
the program must incorporate data generated by existing resource monitoring programs.
The commissioner shall report to the council information on current conditions and recent
trends in the state's forest resources.
    Subd. 2. Practices and compliance Implementation monitoring. The
commissioner shall establish maintain a program for monitoring silvicultural practices
and application of the timber harvesting and forest management guidelines at statewide,
landscape, and site levels. The council shall provide oversight and program direction for
the development and implementation of the monitoring program. To the extent possible,
the information generated by the monitoring program must be reported in formats
consistent with the landscape regions used to accomplish the planning and coordination
activities specified in section 89A.06. The commissioner shall report to the council on the
nature and extent of silvicultural practices used, and compliance with the implementation
of the timber harvesting and forest management guidelines.
    Subd. 3. Effectiveness monitoring evaluation. The commissioner council, in
cooperation with other research and land management organizations, shall evaluate the
effectiveness of practices to mitigate impacts of timber harvesting and forest management
activities on the state's forest resources. The council shall provide oversight and program
direction for the development and implementation of this monitoring program. The
commissioner shall report to the council on the effectiveness of these practices.
    Subd. 4. Other studies and programs. The council shall monitor the
implementation of other programs, formal studies, and initiatives affecting Minnesota's
forest resources.
    Subd. 5. Citizen concerns. The council shall facilitate the establishment of
administer a public concerns registration process to accept comments from the public on
negligent timber harvesting or forest management practices.

    Sec. 40. Minnesota Statutes 2012, section 89A.08, subdivision 1, is amended to read:
    Subdivision 1. Establishment. The council chair shall appoint a Forest Resources
Research Advisory Committee and a chair of that committee. Notwithstanding section
15.059, the council does not expire. The committee must consist of representatives of:
(1) the College of Natural Resources Food, Agricultural and Natural Resource
Sciences, University of Minnesota;
(2) the Natural Resources Research Institute, University of Minnesota, Duluth;
(3) the department;
(4) the North Central Forest Experiment Northern Research Station, United States
Department of Agriculture Forest Service; and
(5) other organizations as deemed appropriate by the council.

    Sec. 41. Minnesota Statutes 2012, section 89A.08, subdivision 2, is amended to read:
    Subd. 2. Purpose. The purpose of the advisory committee is to foster the
identification identify and undertaking of initiate priority forest resources research
activities by encouraging:
(1) collaboration between organizations with responsibilities for conducting forest
resources research;
(2) linkages between researchers in different disciplines in conducting forest
resources research; and
(3) interaction and communication between researchers and practitioners in the
development and use of forest resources research; and
(4) communication with the legislature on funding the council's priority forest
resources research activities.

    Sec. 42. Minnesota Statutes 2012, section 89A.08, subdivision 3, is amended to read:
    Subd. 3. Research assessment. The advisory committee shall periodically
undertake an assessment of strategic directions in forest resources research. The
assessment must be based on input provided by administrators, researchers, practitioners,
and the general public, and include:
(1) an assessment of the current status of forestry forest resources research in the state;
(2) an identification of important forest resource issues in need of research;
(3) an identification of priority forest research activities whose results will enable
a better understanding of site-level and landscape-level impacts resulting from timber
harvesting and forest management activities; and
(4) an assessment of the progress toward addressing the priority forest resources
research needs identified.
The forest resources research assessment must be made widely available to the
research community, forest managers and users, and the public.

    Sec. 43. Minnesota Statutes 2012, section 89A.09, is amended to read:
89A.09 INTERAGENCY INFORMATION COOPERATIVE.
    Subdivision 1. Establishment. The dean of the University of Minnesota, College of
Food, Agricultural and Natural Resources Resource Sciences, University of Minnesota,
shall be is encouraged to coordinate the establishment of maintain an Interagency
Information Cooperative. Members of the cooperative that must include members from:
(1) the University of Minnesota, College of Food, Agricultural and Natural
Resources Resource Sciences, University of Minnesota;
(2) the University of Minnesota, Natural Resources Research Institute, University of
Minnesota, Duluth;
(3) the department;
(4) the Minnesota Geospatial Information Office;
(5) the Minnesota Association of County Land Commissioners;
(6) the United States Department of Agriculture Forest Service; and
(7) other organizations as deemed appropriate by the members of the cooperative.
    Subd. 2. Purpose. The purposes of the cooperative are to:
(1) coordinate the development and use of forest resources data in the state;
(2) promote the development of statewide guidelines and common language to
enhance the ability of public and private organizations and institutions to share forest
resources data;
(3) promote the development of information systems that support access to important
forest resources data;
(4) promote improvement in the accuracy, reliability, and statistical soundness of
fundamental forest resources data;
(5) promote linkages and integration of forest resources data to other natural
resource information;
(6) promote access and use of forest resources data and information systems in
decision-making by a variety of public and private organizations; and
(7) promote expanding the capacity and reliability of forest growth, succession,
and other types of ecological models; and.
(8) conduct a needs assessment for improving the quality and quantity of information
systems.
    Subd. 3. Report. By November 1 of each even-numbered year, the information
cooperative shall report to the council its accomplishments in fulfilling the responsibilities
identified in this section.

    Sec. 44. Minnesota Statutes 2012, section 89A.10, is amended to read:
89A.10 CONTINUING EDUCATION; CERTIFICATION.
It is the policy of the state to encourage timber harvesters and forest resource
professionals to establish maintain continuing education programs within their respective
professions that promote sustainable forest management, including the Minnesota Logger
Education Program and the University of Minnesota Sustainable Forests Education
Cooperative, respectively. The council shall, where appropriate, facilitate the development
of these programs.

    Sec. 45. [89A.105] IMPLEMENTATION.
Implementation of this chapter is subject to biennial appropriations of the legislature.

    Sec. 46. Minnesota Statutes 2012, section 89A.11, is amended to read:
89A.11 REPEALER SUNSET.
    Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08;
89A.09 ; 89A.10; 89A.105; and 89A.11, are repealed June 30, 2017 2021.

    Sec. 47. Minnesota Statutes 2012, section 97C.821, is amended to read:
97C.821 POSSESSION, SALE, AND TRANSPORTATION OF
COMMERCIAL FISH.
Subject to the applicable provisions of the game and fish laws, fish taken under
commercial fishing licenses may be possessed in any quantity, bought, sold, and
transported at any time. Commercial fishing licensees may transport their catch live to
holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
licensees may harvest fish from their holding facilities at any time with their licensed gear.
The commissioner may prohibit the transport of live fish taken under a commercial fishing
license from waters that contain nonnative species, are designated listed as infested waters,
or are infected with any certifiable disease.

    Sec. 48. Minnesota Statutes 2013 Supplement, section 103C.311, subdivision 2,
is amended to read:
    Subd. 2. Supervisors elected by districts. (a) The A district board in the
seven-county metropolitan area shall by resolution provide that supervisors will be elected
by supervisor districts as provided in this subdivision.
(b) A district board outside of the seven-county metropolitan area, with the approval
of the state board, may by resolution provide that supervisors will be elected by supervisor
districts as provided in this subdivision.
(b) (c) The supervisor districts must be composed of precincts established by
county and municipal governing bodies under section 204B.14. The districts must be
compact, include only contiguous territory, and be substantially equal in population.
The districts must be numbered in a regular series. The districts must be drawn by the
county board of the county containing the largest area of the soil and water conservation
district, in consultation with the district board and with the approval of the state board.
The boundaries of the districts must be redrawn after each decennial federal census as
provided in section 204B.135. A certified copy of the resolution establishing supervisor
districts must be filed by the chair of the district board with the county auditor of the
counties where the soil and water conservation district is located, with the state board, and
with the secretary of state, and the filings must occur within 80 days of the time when the
legislature has been redistricted or at least 15 weeks before the state primary election in a
year ending in two, whichever comes first.
(c) (d) Each supervisor district is entitled to elect one supervisor. A supervisor must
be a resident of the district from which elected.
(d) (e) The district board shall provide staggered terms for supervisors elected by
district. After each redistricting, there shall be a new election of supervisors in all the
districts at the next general election, except that if the change made in the boundaries of a
district is less than five percent of the average population of all the districts, the supervisor
in office at the time of the redistricting shall serve for the full term for which elected. The
district board shall determine by lot the seats to be filled for a two-year term, a four-year
term, and a six-year term.
EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
elections conducted on or after that date.

    Sec. 49. Minnesota Statutes 2012, section 103E.065, is amended to read:
103E.065 DRAINAGE INSPECTORS.
    In counties or watershed districts having drainage systems constructed in accordance
with this chapter, the drainage authority shall appoint a competent person as drainage
inspector. The inspector must not be a county commissioner. The inspector may be the
county highway engineer. The inspector shall examine the drainage systems designated
by the drainage authority. The drainage authority shall specify the appointment period
and compensation.

    Sec. 50. Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:
    Subd. 2. Adoption procedure. (a) The commissioner, upon determining that
sufficient technical information is available for the delineation of floodplains and
floodways on a watercourse, shall may notify affected local governmental units that
technical information is available. Within six months after receiving this notice, The local
governmental units shall prepare or amend their floodplain management ordinances in
conformance with the provisions of sections 103F.101 to 103F.155 and shall submit the
ordinance to the commissioner for review and approval before adoption.
(b) The commissioner shall approve or disapprove the proposed ordinance within
120 days after receiving it.
(c) If the proposed ordinance is disapproved, the commissioner shall return it to the
local governmental unit with a written statement of reasons for disapproval. Within 90
days after disapproval, the local governmental unit shall resubmit an amended proposed
ordinance for further review and approval before adoption. The local governmental unit
shall adopt a floodplain management ordinance within 90 days after approval by the
commissioner.
(d) A floodplain management ordinance adopted by a local governmental unit is
invalid unless it is approved by the commissioner.
(e) A local governmental unit may adopt a floodplain management ordinance in the
absence of notification by the commissioner that the required technical data is available,
provided that any such ordinance is submitted to the commissioner prior to its adoption
for approval.
(f) A local governmental unit may adopt a floodplain management ordinance that is
more restrictive than required under sections 103F.101 to 103F.155.
(g) Floodplain management ordinances may be amended by a local governmental
unit upon the approval of the commissioner.

    Sec. 51. Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:
    Subd. 5. Major Alterations and hazardous uses prohibited. (a) If a floodplain
has been delineated by a floodplain management ordinance under sections 103F.101
to 103F.155, a major alteration to a structure in existence on the effective date of the
ordinance or a new fill, structure, deposit, or other floodplain use that is unreasonably
hazardous to the public or that unduly restricts the capacity of the floodplain to carry and
discharge a regional flood not in accordance with the local governmental unit's adopted
floodplain management ordinance may not be permitted after the effective date of the
ordinance delineating the floodplain.
(b) As used in this subdivision, major alterations of existing structures do not include
repair or maintenance and do not include repairs, maintenance, or alterations to structures
made under the authority of another authorized agency of the state or federal government.
(c) (b) This subdivision does not apply to alterations, repair, or maintenance
reasonably done under emergency circumstances to preserve or protect life or property.
(d) (c) This subdivision applies to alterations to existing structures and to new fill,
structures, deposits, or other floodplain uses by the state and state agencies.

    Sec. 52. Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:
    Subd. 3. Application for flood insurance. Within 120 days After receiving notice
of inclusion on the amended list, from the commissioner or the Federal Emergency
Management Agency that flood hazard areas have been identified, each local governmental
unit shall is encouraged to apply for participation in the national flood insurance program
in the manner prescribed by federal laws and regulations.

    Sec. 53. Minnesota Statutes 2012, 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; or
(2) a drainage project for a drainage system established under chapter 103E that does
not substantially affect public waters; or.
(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. 54. Minnesota Statutes 2012, section 103G.287, subdivision 2, is amended to read:
    Subd. 2. Relationship to surface water resources. Groundwater appropriations
that will have potential negative impacts to surface waters are subject to applicable
provisions in section 103G.285.

    Sec. 55. Minnesota Statutes 2013 Supplement, section 103G.287, subdivision 4,
is amended to read:
    Subd. 4. Groundwater management areas. (a) The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a groundwater
management area plan approved by the commissioner that addresses water conservation
requirements and water allocation priorities established in section 103G.261. Before the
commissioner implements, modifies, or updates a groundwater management area plan
under this subdivision, all components of the plan, modification, or update must have been
presented to and discussed by the advisory team established in paragraph (c).
(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
Rules, within designated groundwater management areas, the commissioner may require
general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
users using less than 10,000 gallons per day or 1,000,000 gallons per year and water
suppliers serving less than 25 persons for domestic purposes. The commissioner may
waive the requirements under section 103G.281 for general permits issued under this
paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does
not apply to general permits issued under this paragraph.
(c) When designating a groundwater management area, the commissioner shall
assemble an advisory team to assist in developing a groundwater management area plan
for the area. At least a majority of the advisory team members must be selected from
public and private entities that hold water appropriation permits with a priority on making
appointments in approximate proportion to the amount of water appropriated based on the
types of permits issued in the groundwater management area. The commissioner shall
consult with the League of Minnesota Cities, the Association of Minnesota Counties, and
the Minnesota Association of Townships on which local government representatives to
appoint. The advisory team may also include nonvoting members from the University of
Minnesota, the Minnesota State Colleges and Universities, and federal agencies.

    Sec. 56. Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:
    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
the invasive aquatic plant.
(b) The commissioner may waive the dated signature of approval requirement in rules
of the Department of Natural Resources for invasive aquatic plant management permits if
obtaining signatures would create an undue burden on the permittee or if the commissioner
determines that aquatic plant control is necessary to protect natural resources.
(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in
a local newspaper, a public meeting, or a mailing to the most recent permanent address
of affected landowners. The notification must be given annually and must include: the
proposed date of treatment, the target species, the method of control or product being
used, and instructions on how the landowner may request that control not occur adjacent
to the landowner's property.
(d) The commissioner may allow dated signatures of approval obtained for an
invasive aquatic plant management permit to satisfy rules of the Department of Natural
Resources to remain valid for three years if property ownership remains unchanged.

    Sec. 57. Minnesota Statutes 2012, section 116D.04, subdivision 2a, 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 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
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, or produces less
than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
in section 41A.105, subdivision 1a, clause (1); or a cellulosic biofuel facility, as defined in
section 41A.10, subdivision 1, paragraph (d). A facility or plant that only uses a cellulosic
feedstock to produce chemical products for use by another facility as a feedstock shall not
be considered a fuel conversion facility as used in rules adopted under this chapter.
    (b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet by publishing the notice in 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 determined by 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 116C.28, subdivision 2, apply to the consolidated 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. 58. Minnesota Statutes 2012, section 325E.13, is amended by adding a subdivision
to read:
    Subd. 5. Off-road recreational vehicle. "Off-road recreational vehicle" means a
snowmobile as defined in section 84.81, subdivision 3, and an off-highway vehicle, as
defined in section 84.771.
EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
committed on or after that date.

    Sec. 59. Minnesota Statutes 2012, section 325E.14, subdivision 1, is amended to read:
    Subdivision 1. Tampering. No person shall knowingly tamper with, adjust, alter,
change, set back, disconnect or, with intent to defraud, fail to connect the odometer of any
motor vehicle or off-road recreational vehicle, or cause any of the foregoing to occur to
an odometer of a motor vehicle or off-road recreational vehicle, so as to reflect a lower
mileage than has actually been driven by the motor vehicle or off-road recreational vehicle.
EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
committed on or after that date.

    Sec. 60. Minnesota Statutes 2012, section 325E.14, subdivision 3, is amended to read:
    Subd. 3. Sales and use restrictions. No person shall advertise for sale, sell, use or
install on any part of a motor vehicle or off-road recreational vehicle, or on any odometer
in a motor vehicle or off-road recreational vehicle, any device which that causes the
odometer to register any mileage other than the true mileage.
EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
committed on or after that date.

    Sec. 61. Minnesota Statutes 2012, section 325E.14, subdivision 4, is amended to read:
    Subd. 4. Sales restriction. No person shall sell or offer for sale any motor vehicle
or off-road recreational vehicle with knowledge that the mileage registered on the
odometer has been altered so as to reflect a lower mileage than has actually been driven
by the motor vehicle or off-road recreational vehicle without disclosing such the fact to
prospective purchasers.
EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
committed on or after that date.

    Sec. 62. Minnesota Statutes 2012, section 325E.14, subdivision 6, is amended to read:
    Subd. 6. Repair or replacement restriction. Nothing in this section shall prevent
the service, repair, or replacement of an odometer, provided the mileage indicated
thereon remains the same as before the service, repair, or replacement. Where the
odometer is incapable of registering the same mileage as before such the service, repair,
or replacement, the odometer shall be adjusted to read zero and a written notice shall be
attached to the left door frame of the motor vehicle by the owner or an agent specifying
the mileage prior to repair or replacement of the odometer and the date on which it was
repaired or replaced. No person shall remove or alter such a notice so affixed.
EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
committed on or after that date.

    Sec. 63. REVISOR'S INSTRUCTION.
The revisor of statutes shall delete the term in column A and insert the term in
column B in Minnesota Rules, parts 6216.0100, 6216.0250, 6216.0260, 6216.0270,
6216.0290, 6216.0300, 6216.0400, 6216.0500, and 6260.0300.

		Column A	Column B
		designate	list
		designated	listed
		designation	listing
		designating	listing

    Sec. 64. REPEALER.
Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 89A.05,
subdivisions 2a and 4; 89A.06, subdivision 2a; 103F.121, subdivisions 3 and 4; and
103F.165, subdivision 2, are repealed.