Bill Text: MN SF2454 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Natural resources provisions modification and obsolete laws elimination and regulatory efficiencies authorization
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2454 Detail]
Download: Minnesota-2013-SF2454-Engrossed.html
1.2relating to natural resources; modifying and repealing certain obsolete laws;
1.3providing for certain regulatory efficiencies;amending Minnesota Statutes 2012,
1.4sections 13.7411, subdivision 8; 84.025, subdivision 10; 84.028, subdivision 3;
1.584.081, subdivision 1; 84.781; 88.6435, subdivision 1; 103C.211; 103C.311,
1.6subdivision 1; 103C.401, subdivision 1; 103F.135, subdivision 1; 103G.005,
1.7subdivisions 9, 9a; 115.06, subdivision 4; 115A.03, by adding a subdivision;
1.8115A.54, subdivision 4; 116.03, subdivision 2b; 116.07, subdivision 4j; repealing
1.9Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3, 4; 84.163;
1.1084.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52;
1.1184.521; 84.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702;
1.12103F.131; 103F.155; 103F.378; 103F.381; 103F.383, subdivision 3; 103F.387;
1.13103F.389, subdivisions 1, 2; 103F.391; 115.445; 115B.412, subdivision 10;
1.14116.181; 116.182, subdivision 3a; 116.195, subdivision 5; 116.54; 116.90;
1.15116C.712; 116C.833, subdivision 2; 173.0845; Laws 2013, chapter 114, article 4,
1.16section 100.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
1.19 Subd. 8. Pollution Control Agency.(a) Hazardous waste generators.
1.20 Information provided by hazardous waste generators under section473.151 and for which
1.21confidentiality is claimed is governed by section116.075, subdivision 2 .
1.22(b) Tests. Trade secret information made available by applicants for certain projects
1.23of the Pollution Control Agency is classified under section
116.54.
1.24 Sec. 2. Minnesota Statutes 2012, section 84.025, subdivision 10, is amended to read:
1.25 Subd. 10. Recreational vehicles and boats used for public purposes.All
1.26snowmobiles and outboard motors that are purchased by the commissioner of natural
1.27resources must be of the four-stroke engine model, except that the commissioner may
1.28purchase models with two-stroke engines if the commissioner determines that they are
2.1as environmentally efficient or that four-stroke engines are not practical for the intended
2.2natural resource management purpose. The commissioner shall give preference to engine
2.3models manufactured in the United States. All all-terrain vehicles purchased by the
2.4commissioner must be manufactured in the state of Minnesota.
2.5 Sec. 3. Minnesota Statutes 2012, section 84.028, subdivision 3, is amended to read:
2.6 Subd. 3. Game warden duties; conservation officers. The operation of the Game
2.7Warden Service in the Division of Game and Fish as constituted before July 1, 1967 is
2.8under the direct control and supervision of the commissioner. The name of the personnel
2.9in such Game Warden Service is changed to conservation officers. Conservation officers
2.10shall continue to have the powers and duties of game wardens as they existed before July 1,
2.111967 and may be assigned to public relations, conservation instructional activities, and the
2.12enforcement of laws relating to resources management which the commissioner shall direct.
2.13The commissioner shall create a separate division entitled the Division of Enforcement
2.14 and Field Service, to be composed of conservation officers and shall appoint a director
2.15of the division. The commissioner may place the director's position in the unclassified
2.16service if the position meets the criteria established in section43A.08, subdivision 1a .
2.17 Sec. 4. Minnesota Statutes 2012, section 84.081, subdivision 1, is amended to read:
2.18 Subdivision 1. Directors.Subject to the commissioner's authority to revise or
2.19abolish existing divisions and to establish new divisions, all as prescribed in section
2.2084.083, subdivision 1, The Department of Natural Resources shall be organized with the
2.21following into divisions: a Division of Lands and Forestry, a Division of Waters, Soils,
2.22and Minerals, a Division of Game and Fish, a Division of Parks and Recreation, and a
2.23Division of Enforcement and Field Service subject to the commissioner's authority to
2.24revise or abolish existing divisions and to establish new divisions as prescribed under
2.25section 84.083, subdivision 1. Each division shall be under the immediate charge of a
2.26director, subject to the supervision and control of the commissioner. The commissioner
2.27may place a director's position in the unclassified service if the position meets the criteria
2.28established in section43A.08, subdivision 1a . They shall be chosen with regard to
2.29knowledge, training, experience, ability in administering the work of their respective
2.30divisions, and with consideration given to applicable professional registration.
2.31 Sec. 5. Minnesota Statutes 2012, section 84.781, is amended to read:
2.3284.781 USE OF DEPARTMENT RESOURCES.
3.1The commissioner of natural resources may permit Department of Natural Resources
3.2personnel and equipmentfrom the Division of Trails and Waterways to be used to assist
3.3local units of government in developing and maintaining off-highway vehicle grant-in-aid
3.4trails located on property owned by or under the control of the local unit of government.
3.5 Sec. 6. Minnesota Statutes 2012, section 88.6435, subdivision 1, is amended to read:
3.6 Subdivision 1. Permits. A person may not buy more than 100 pounds of decorative
3.7boughs in any calendar year without a bough buyer's permit issued by the commissioner of
3.8natural resources. The annual fee for a permit for a resident or nonresident to buy decorative
3.9boughs is $25.The annual fee may be reduced to $10 if the buyer attends an approved
3.10annual workshop or other orientation session for balsam bough harvesters and buyers.
3.11 Sec. 7. Minnesota Statutes 2012, section 103C.211, is amended to read:
3.12103C.211 CONSOLIDATIONAND DIVISION OF DISTRICTS.
3.13(a)A One or more districts may petition to consolidate two or more districts
3.14or to separate a district into two or more districts may be filed with the state board
3.15 for a consolidation.The petition must be signed by the majority of each board of the
3.16affected districts or by at least 100 resident owners within the affected districts. It is not
3.17necessary to obtain the consent of fee owners in an established district before districts
3.18are consolidated or an existing district is divided. Proceedings provided for petitions to
3.19organize a district shall be followed as far as they are applicable. The state board shall
3.20prescribe the form for a petition, which shall be as nearly as possible in the form for
3.21petitions to organize a district. The state board shall take action on the petition if signed
3.22by a majority of the supervisors of each of the affected districts.
3.23(b) The eligible voters within the affected districts may vote in the referendum. The
3.24state board may not determine the administrative feasibility of consolidating or separating
3.25districts unless a majority of the votes cast in the referendum within each separate district
3.26affected, or within each separate area sought to be made a separate district, is in favor of
3.27the consolidation or separation.
3.28(c) When districts are consolidated or separated, the corporate existence and terms
3.29of office of the officers of the old districts expire upon the issuance and recording by the
3.30secretary of state of a certificate of organization of the new districts. Upon consolidation,
3.31the rights and liabilities of the consolidating districts shall be assumed by the consolidated
3.32district. Upon separation, the rights and liabilities of the original district shall be vested
3.33in and assumed by the new districts in an equitable proportion determined by the state
3.34board. A separation does not affect the term of office for which a supervisor was elected
4.1or appointed. The supervisor shall continue to represent the district where the supervisor
4.2resides for that full term.
4.3(b) The petition must:
4.4(1) describe with particularity the change requested, the territory affected, and the
4.5reasons for the change;
4.6(2) illustrate that the change is consistent with the purpose and requirements of
4.7sections 103C.201 to 103C.335;
4.8(3) identify the proposed name for the consolidated district;
4.9(4) identify the location of the principal office of the consolidated district;
4.10(5) identify potential changes to supervisor districts;
4.11(6) identify changes in supervisors that would result from the proposed consolidation;
4.12(7) provide a list of nominees for vacant supervisor positions; and
4.13(8) be accompanied by resolutions of support signed by each district board affected
4.14by the change.
4.15(c) Upon the filing of a valid petition, the state board shall give notice that the
4.16petition has been filed. The notice must:
4.17(1) be made by publication in a legal newspaper in each county affected by the
4.18petition;
4.19(2) be made by mail to the auditor of each county affected by the petition;
4.20(3) describe the actions proposed by the petition;
4.21(4) invite written comments on the petition for the consideration by the state board;
4.22(5) state that a person who objects to the actions proposed in the petition may submit
4.23a written request for hearing to the state board within 30 days of the last publication of the
4.24notice under this paragraph. The request must contain 25 or more signatures from resident
4.25owners residing in the affected districts; and
4.26(6) state that if a timely request for hearing is not received, the state board may make
4.27a decision on the petition at a future meeting of the state board.
4.28(d) If one or more timely requests for hearing are received, the state board must hold
4.29a hearing on the petition.
4.30(e) The state board must establish the proposed consolidation, by order, if the
4.31board determines the consolidation promotes public health and welfare and the proposed
4.32consolidation would advance the purposes of this chapter.
4.33(f) When districts are consolidated, the corporate existence and terms of office of the
4.34officers of the old districts expire upon the issuance and recording by the secretary of state
4.35of a certificate of organization of the new district. Upon consolidation, the rights, assets,
4.36and liabilities of the consolidating districts shall be assumed by the consolidated district.
5.1(g) If nomination districts are changed, the state board shall appoint supervisors to
5.2fill vacancies resulting from the consolidation within 30 days after the action is taken. A
5.3majority of the supervisors' terms must expire after the next general election following
5.4their appointments and the remaining supervisors' terms must expire after the second
5.5general election following their appointments.
5.6(h) No sooner than two years after the date of consolidation, the affected districts
5.7may petition the state board to have the action reversed through the same procedure
5.8outlined in paragraphs (a) to (f). When a consolidation is reversed, the state board shall
5.9order the appointments and distribution or transfer of assets and liabilities.
5.10 Sec. 8. Minnesota Statutes 2012, section 103C.311, subdivision 1, is amended to read:
5.11 Subdivision 1. Supervisors elected at large. (a) The district board shall, with
5.12the approval of the state board, divide a district into supervisor districts for purposes of
5.13nomination for election. At each election after the division, one or more supervisors
5.14shall be nominated from each supervisor district. A supervisor must be a resident of the
5.15supervisor district to be elected.
5.16(b) If the boundary of a soil and water conservation district has been substantially
5.17changed by a division of the district, the district shall be divided into supervisor districts
5.18for nomination purposes.
5.19(c) Except for consolidation under section 103C.211, this subdivision does not
5.20disqualify a supervisor during the term for which the supervisor was elected or nominated
5.21for election. Supervisors nominated from the supervisor districts shall be included on the
5.22ballot for election from the entire area included in the soil and water conservation district.
5.23(d) A certified copy of the minutes or the resolution of the supervisors establishing
5.24supervisor districts must be promptly filed by the chair of the district board with the
5.25county auditor of the counties where the district is located and with the state board.
5.26 Sec. 9. Minnesota Statutes 2012, section 103C.401, subdivision 1, is amended to read:
5.27 Subdivision 1. Powers and duties. In addition to the powers and duties of the state
5.28board provided by other law, the state board shall:
5.29(1) offer to assist the district boards to implement their programs;
5.30(2) keep the district boards of the state informed of the activities and experience of
5.31other districts and facilitate cooperation and an interchange of advice and experience
5.32among the districts;
5.33(3) coordinate the programs and activities of the districts with appropriate agencies
5.34by advice and consultation;
6.1(4) approve or disapprove the plans or programs of districts relating to the use of
6.2state funds administered by the state board;
6.3(5) secure the cooperation and assistance of agencies in the work of the districts
6.4and develop a program to advise and assist appropriate agencies in obtaining state and
6.5federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
6.6control programs;
6.7(6) develop and implement a public information program concerning the districts'
6.8activities and programs, the problems and preventive practices relating to erosion control,
6.9sedimentation, agriculturally related pollution, flood prevention, and the advantages of
6.10formation of districts in areas where their organization is desirable;
6.11(7)divide and consolidate districts without a hearing or a referendum to confine
6.12districts within county limits, without allowing a district, if feasible and practicable, to
6.13contain less than four full or fractional congressional townships;
6.14(8) assist the statewide program to inventory and classify the types of soils in the
6.15state as determined by the Minnesota Cooperative Soil Survey;
6.16(9) identify research needs and cooperate with other public agencies in research
6.17concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
6.18related pollution, the amounts and sources of sediment and pollutants delivered to the
6.19waters of the state, and long-term soil productivity;
6.20(10) develop structural, land use management practice, and other programs to reduce
6.21or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;
6.22(11) develop a system of priorities to identify the erosion, flooding, sediment, and
6.23agriculturally related pollution problem areas that most need control systems;
6.24(12) ensure compliance with statewide programs and policies established by the state
6.25board by advice, consultation, and approval of grant agreements with the districts; and
6.26(13) service requests from districts to consolidate districts across county boundaries
6.27and facilitate other agreed-to reorganizations of districts with other districts or other local
6.28units of government, including making grants, within the limits of available funds, to
6.29offset the cost of consolidation or reorganization.
6.30 Sec. 10. Minnesota Statutes 2012, section 103F.135, subdivision 1, is amended to read:
6.31 Subdivision 1. Commissioner's duties. The commissioner shall:
6.32(1) collect and distribute information relating to flooding and floodplain management;
6.33(2) coordinate local, state, and federal floodplain management activities to the
6.34greatest extent possible, and encourage the United States Army Corps of Engineers and
6.35the United StatesSoil Conservation Service Department of Agriculture to make their
7.1flood control planning data available to local governmental units for planning purposes,
7.2to allow adequate local participation in the planning process and in the selection of
7.3desirable alternatives;
7.4(3) assist local governmental units in their floodplain management activities; and
7.5(4) do all other things, within lawful authority, that are necessary or desirable to
7.6manage the floodplain for beneficial uses compatible with the preservation of the capacity
7.7of the floodplain to carry and discharge the regional flood.
7.8 Sec. 11. Minnesota Statutes 2012, section 103G.005, subdivision 9, is amended to read:
7.9 Subd. 9. Director. "Director" means the director of the Division ofWaters
7.10 Ecological and Water Resources of the Department of Natural Resources.
7.11 Sec. 12. Minnesota Statutes 2012, section 103G.005, subdivision 9a, is amended to read:
7.12 Subd. 9a. Division. "Division" means the Division ofWaters Ecological and Water
7.13Resources of the Department of Natural Resources.
7.14 Sec. 13. Minnesota Statutes 2012, section 115.06, subdivision 4, is amended to read:
7.15 Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
7.16citizen monitoring of ambient water quality for public waters by:
7.17(1) providing technical assistance to citizen and local group water quality monitoring
7.18efforts;
7.19(2) integrating citizen monitoring data into water quality assessments and agency
7.20programs, provided that the data adheres to agency quality assurance and quality control
7.21protocols; and
7.22(3) seeking public and private funds to:
7.23(i) collaboratively develop clear guidelines for water quality monitoring procedures
7.24and data management practices for specific data and information uses;
7.25(ii) distribute the guidelines to citizens, local governments, and other interested
7.26parties;
7.27(iii) improve and expand water quality monitoring activities carried out by the
7.28agency; and
7.29(iv) continue to improve electronic and Web access to water quality data and
7.30information about public waters that have been either fully or partially assessed.
7.31(b) This subdivision does not authorize a citizen to enter onto private property
7.32for any purpose.
8.1(c) By January 15, 2017, and every four years thereafter, the commissioner shall
8.2report to the senate and house of representatives committees with jurisdiction over
8.3environmental policy and finance on activities under this section.
8.4 Sec. 14. Minnesota Statutes 2012, section 115A.03, is amended by adding a
8.5subdivision to read:
8.6 Subd. 25d. Refuse-derived fuel. "Refuse-derived fuel" means a product resulting
8.7from the processing of mixed municipal solid waste in a manner that reduces the quantity
8.8of noncombustible material present in the waste, reduces the size of waste components
8.9through shredding or other mechanical means, and produces a fuel suitable for combustion
8.10in existing or new solid fuel-fired boilers.
8.11 Sec. 15. Minnesota Statutes 2012, section 115A.54, subdivision 4, is amended to read:
8.12 Subd. 4. Termination of obligations; good faith effort. Notwithstanding the
8.13provisions of section16A.695 , the commissioner may terminate the obligations of a grant
8.14or loan recipient under this section, if the commissioner finds that the recipient has made a
8.15good faith effort to exhaust all options in trying to comply with the terms and conditions
8.16of the grant or loan. In lieu of declaring a default on a grant or a loan under this section,
8.17the commissioner may identify additional measures a recipient should take in order to
8.18meet the good faith test required for terminating the recipient's obligations under this
8.19section.By December 15 of each year, the commissioner shall report to the legislature
8.20the defaults and terminations the commissioner has ordered in the previous year, if any.
8.21No decision on termination under this section is effective until the end of the legislative
8.22session following the commissioner's report.
8.23 Sec. 16. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
8.24 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
8.25and resource management permits be issued or denied within 150 days of the submission
8.26of a permit application. The commissioner of the Pollution Control Agency shall establish
8.27management systems designed to achieve the goal.
8.28(b) The commissioner shall preparesemiannual an annual permitting efficiency
8.29reports report that include includes statistics on meeting the goal in paragraph (a). The
8.30reports are report is due February 1 and August 1 each year. For permit applications
8.31that have not met the goal, the report must state the reasons for not meeting the goal. In
8.32stating the reasons for not meeting the goal, the commissioner shall separately identify
8.33delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
9.1disagreements, or the level of public engagement. The report must specify the number
9.2of days from initial submission of the application to the day of determination that the
9.3application is complete. The reportfor August 1 each year must aggregate the data for
9.4the year and assess whether program or system changes are necessary to achieve the
9.5goal. The report must be posted on the agency's Web site and submitted to the governor
9.6and the chairs and ranking minority members of the house of representatives and senate
9.7committees having jurisdiction over environment policy and finance.
9.8(c) The commissioner shall allow electronic submission of environmental review
9.9and permit documents to the agency.
9.10(d) Beginning July 1, 2011, within 30 business days of application for a permit
9.11subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
9.12the project proposer, in writing, whether the application is complete or incomplete. If the
9.13commissioner determines that an application is incomplete, the notice to the applicant
9.14must enumerate all deficiencies, citing specific provisions of the applicable rules and
9.15statutes, and advise the applicant on how the deficiencies can be remedied. This paragraph
9.16does not apply to an application for a permit that is subject to a grant or loan agreement
9.17under chapter 446A.
9.18(e) For purposes of this subdivision, "permit professional" means an individual not
9.19employed by the Pollution Control Agency who:
9.20(1) has a professional license issued by the state of Minnesota in the subject area
9.21of the permit;
9.22(2) has at least ten years of experience in the subject area of the permit; and
9.23(3) abides by the duty of candor applicable to employees of the Pollution Control
9.24Agency under agency rules and complies with all applicable requirements under chapter
9.25326.
9.26(f) Upon the agency's request, an applicant relying on a permit professional must
9.27participate in a meeting with the agency before submitting an application:
9.28(1) at least two weeks prior to the preapplication meeting, the applicant must submit
9.29at least the following:
9.30(i) project description, including, but not limited to, scope of work, primary
9.31emissions points, discharge outfalls, and water intake points;
9.32(ii) location of the project, including county, municipality, and location on the site;
9.33(iii) business schedule for project completion; and
9.34(iv) other information requested by the agency at least four weeks prior to the
9.35scheduled meeting; and
10.1 (2) during the preapplication meeting, the agency shall provide for the applicant at
10.2least the following:
10.3(i) an overview of the permit review program;
10.4(ii) a determination of which specific application or applications will be necessary
10.5to complete the project;
10.6(iii) a statement notifying the applicant if the specific permit being sought requires a
10.7mandatory public hearing or comment period;
10.8(iv) a review of the timetable established in the permit review program for the
10.9specific permit being sought; and
10.10(v) a determination of what information must be included in the application,
10.11including a description of any required modeling or testing.
10.12(g) The applicant may select a permit professional to undertake the preparation
10.13of the permit application and draft permit.
10.14(h) If a preapplication meeting was held, the agency shall, within seven business
10.15days of receipt of an application, notify the applicant and submitting permit professional
10.16that the application is complete or is denied, specifying the deficiencies of the application.
10.17(i) Upon receipt of notice that the application is complete, the permit professional
10.18shall submit to the agency a timetable for submitting a draft permit. The permit
10.19professional shall submit a draft permit on or before the date provided in the timetable.
10.20Within 60 days after the close of the public comment period, the commissioner shall notify
10.21the applicant whether the permit can be issued.
10.22(j) Nothing in this section shall be construed to modify:
10.23(1) any requirement of law that is necessary to retain federal delegation to or
10.24assumption by the state; or
10.25(2) the authority to implement a federal law or program.
10.26(k) The permit application and draft permit shall identify or include as an appendix
10.27all studies and other sources of information used to substantiate the analysis contained in
10.28the permit application and draft permit. The commissioner shall request additional studies,
10.29if needed, and the project proposer shall submit all additional studies and information
10.30necessary for the commissioner to perform the commissioner's responsibility to review,
10.31modify, and determine the completeness of the application and approve the draft permit.
10.32 Sec. 17. Minnesota Statutes 2012, section 116.07, subdivision 4j, is amended to read:
10.33 Subd. 4j. Permits; solid waste facilities. (a) The agency may not issue a permit
10.34for new or additional capacity for a mixed municipal solid waste resource recovery or
10.35disposal facility as defined in section115A.03 unless each county using or projected in
11.1the permit to use the facility has in place a solid waste management plan approved under
11.2section115A.46 or
473.803 and amended as required by section
115A.96, subdivision 6 .
11.3The agency shall issue the permit only if the capacity of the facility is consistent with the
11.4needs for resource recovery or disposal capacity identified in the approved plan or plans.
11.5Consistency must be determined by the Pollution Control Agency. Plans approved before
11.6January 1, 1990, need not be revised if the capacity sought in the permit is consistent
11.7with the approved plan or plans.
11.8(b) The agency shall require as part of the permit application for a waste incineration
11.9facility identification of preliminary plans for ash management and ash leachate treatment
11.10or ash utilization. The permit issued by the agency must include requirements for ash
11.11management and ash leachate treatment.
11.12(c)Within 30 days of receipt by the agency of a permit application for a solid waste
11.13facility, the commissioner shall notify the applicant in writing whether the application
11.14is complete and if not, what items are needed to make it complete, and shall give an
11.15estimate of the time it will take to process the application. Within 180 days of receipt of
11.16a completed application, the agency shall approve, disapprove, or delay decision on the
11.17application, with reasons for the delay, in writing.
11.18 Sec. 18. REVISOR'S INSTRUCTION.
11.19The revisor of statutes shall delete the range reference "103F.101 to 103F.155" and
11.20insert "103F.101 to 103F.151" and delete the range reference "103F.105 to 103F.155"
11.21and insert "103F.105 to 103F.151" wherever the range references appear in Minnesota
11.22Statutes and Minnesota Rules.
11.23 Sec. 19. REPEALER.
11.24Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3 and 4; 84.163;
11.2584.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52; 84.521;
11.2684.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702; 103F.131; 103F.155;
11.27103F.378; 103F.381; 103F.383, subdivision 3; 103F.387; 103F.389, subdivisions 1 and 2;
11.28103F.391; 115.445; 115B.412, subdivision 10; 116.181; 116.182, subdivision 3a; 116.195,
11.29subdivision 5; 116.54; 116.90; 116C.712; 116C.833, subdivision 2; and 173.0845, and
11.30Laws 2013, chapter 114, article 4, section 100, are repealed.
1.3providing for certain regulatory efficiencies;amending Minnesota Statutes 2012,
1.4sections 13.7411, subdivision 8; 84.025, subdivision 10; 84.028, subdivision 3;
1.584.081, subdivision 1; 84.781; 88.6435, subdivision 1; 103C.211; 103C.311,
1.6subdivision 1; 103C.401, subdivision 1; 103F.135, subdivision 1; 103G.005,
1.7subdivisions 9, 9a; 115.06, subdivision 4; 115A.03, by adding a subdivision;
1.8115A.54, subdivision 4; 116.03, subdivision 2b; 116.07, subdivision 4j; repealing
1.9Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3, 4; 84.163;
1.1084.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52;
1.1184.521; 84.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702;
1.12103F.131; 103F.155; 103F.378; 103F.381; 103F.383, subdivision 3; 103F.387;
1.13103F.389, subdivisions 1, 2; 103F.391; 115.445; 115B.412, subdivision 10;
1.14116.181; 116.182, subdivision 3a; 116.195, subdivision 5; 116.54; 116.90;
1.15116C.712; 116C.833, subdivision 2; 173.0845; Laws 2013, chapter 114, article 4,
1.16section 100.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
1.19 Subd. 8. Pollution Control Agency.
1.20 Information provided by hazardous waste generators under section
1.21confidentiality is claimed is governed by section
1.22
1.23
1.24 Sec. 2. Minnesota Statutes 2012, section 84.025, subdivision 10, is amended to read:
1.25 Subd. 10. Recreational vehicles and boats used for public purposes.
1.26
1.27
1.28
2.1
2.2
2.3models manufactured in the United States. All all-terrain vehicles purchased by the
2.4commissioner must be manufactured in the state of Minnesota.
2.5 Sec. 3. Minnesota Statutes 2012, section 84.028, subdivision 3, is amended to read:
2.6 Subd. 3. Game warden duties; conservation officers. The operation of the Game
2.7Warden Service in the Division of Game and Fish as constituted before July 1, 1967 is
2.8under the direct control and supervision of the commissioner. The name of the personnel
2.9in such Game Warden Service is changed to conservation officers. Conservation officers
2.10shall continue to have the powers and duties of game wardens as they existed before July 1,
2.111967 and may be assigned to public relations, conservation instructional activities, and the
2.12enforcement of laws relating to resources management which the commissioner shall direct.
2.13The commissioner shall create a separate division entitled the Division of Enforcement
2.14
2.15of the division. The commissioner may place the director's position in the unclassified
2.16service if the position meets the criteria established in section
2.17 Sec. 4. Minnesota Statutes 2012, section 84.081, subdivision 1, is amended to read:
2.18 Subdivision 1. Directors.
2.19
2.20
2.21
2.22
2.23
2.24revise or abolish existing divisions and to establish new divisions as prescribed under
2.25section 84.083, subdivision 1. Each division shall be under the immediate charge of a
2.26director, subject to the supervision and control of the commissioner. The commissioner
2.27may place a director's position in the unclassified service if the position meets the criteria
2.28established in section
2.29knowledge, training, experience, ability in administering the work of their respective
2.30divisions, and with consideration given to applicable professional registration.
2.31 Sec. 5. Minnesota Statutes 2012, section 84.781, is amended to read:
2.3284.781 USE OF DEPARTMENT RESOURCES.
3.1The commissioner of natural resources may permit Department of Natural Resources
3.2personnel and equipment
3.3local units of government in developing and maintaining off-highway vehicle grant-in-aid
3.4trails located on property owned by or under the control of the local unit of government.
3.5 Sec. 6. Minnesota Statutes 2012, section 88.6435, subdivision 1, is amended to read:
3.6 Subdivision 1. Permits. A person may not buy more than 100 pounds of decorative
3.7boughs in any calendar year without a bough buyer's permit issued by the commissioner of
3.8natural resources. The annual fee for a permit for a resident or nonresident to buy decorative
3.9boughs is $25.
3.10
3.11 Sec. 7. Minnesota Statutes 2012, section 103C.211, is amended to read:
3.12103C.211 CONSOLIDATION
3.13(a)
3.14
3.15 for a consolidation.
3.16
3.17
3.18
3.19
3.20
3.21
3.22by a majority of the supervisors of each of the affected districts.
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
3.31
3.32
3.33
3.34
4.1
4.2
4.3(b) The petition must:
4.4(1) describe with particularity the change requested, the territory affected, and the
4.5reasons for the change;
4.6(2) illustrate that the change is consistent with the purpose and requirements of
4.7sections 103C.201 to 103C.335;
4.8(3) identify the proposed name for the consolidated district;
4.9(4) identify the location of the principal office of the consolidated district;
4.10(5) identify potential changes to supervisor districts;
4.11(6) identify changes in supervisors that would result from the proposed consolidation;
4.12(7) provide a list of nominees for vacant supervisor positions; and
4.13(8) be accompanied by resolutions of support signed by each district board affected
4.14by the change.
4.15(c) Upon the filing of a valid petition, the state board shall give notice that the
4.16petition has been filed. The notice must:
4.17(1) be made by publication in a legal newspaper in each county affected by the
4.18petition;
4.19(2) be made by mail to the auditor of each county affected by the petition;
4.20(3) describe the actions proposed by the petition;
4.21(4) invite written comments on the petition for the consideration by the state board;
4.22(5) state that a person who objects to the actions proposed in the petition may submit
4.23a written request for hearing to the state board within 30 days of the last publication of the
4.24notice under this paragraph. The request must contain 25 or more signatures from resident
4.25owners residing in the affected districts; and
4.26(6) state that if a timely request for hearing is not received, the state board may make
4.27a decision on the petition at a future meeting of the state board.
4.28(d) If one or more timely requests for hearing are received, the state board must hold
4.29a hearing on the petition.
4.30(e) The state board must establish the proposed consolidation, by order, if the
4.31board determines the consolidation promotes public health and welfare and the proposed
4.32consolidation would advance the purposes of this chapter.
4.33(f) When districts are consolidated, the corporate existence and terms of office of the
4.34officers of the old districts expire upon the issuance and recording by the secretary of state
4.35of a certificate of organization of the new district. Upon consolidation, the rights, assets,
4.36and liabilities of the consolidating districts shall be assumed by the consolidated district.
5.1(g) If nomination districts are changed, the state board shall appoint supervisors to
5.2fill vacancies resulting from the consolidation within 30 days after the action is taken. A
5.3majority of the supervisors' terms must expire after the next general election following
5.4their appointments and the remaining supervisors' terms must expire after the second
5.5general election following their appointments.
5.6(h) No sooner than two years after the date of consolidation, the affected districts
5.7may petition the state board to have the action reversed through the same procedure
5.8outlined in paragraphs (a) to (f). When a consolidation is reversed, the state board shall
5.9order the appointments and distribution or transfer of assets and liabilities.
5.10 Sec. 8. Minnesota Statutes 2012, section 103C.311, subdivision 1, is amended to read:
5.11 Subdivision 1. Supervisors elected at large. (a) The district board shall, with
5.12the approval of the state board, divide a district into supervisor districts for purposes of
5.13nomination for election. At each election after the division, one or more supervisors
5.14shall be nominated from each supervisor district. A supervisor must be a resident of the
5.15supervisor district to be elected.
5.16(b) If the boundary of a soil and water conservation district has been substantially
5.17changed by a division of the district, the district shall be divided into supervisor districts
5.18for nomination purposes.
5.19(c) Except for consolidation under section 103C.211, this subdivision does not
5.20disqualify a supervisor during the term for which the supervisor was elected or nominated
5.21for election. Supervisors nominated from the supervisor districts shall be included on the
5.22ballot for election from the entire area included in the soil and water conservation district.
5.23(d) A certified copy of the minutes or the resolution of the supervisors establishing
5.24supervisor districts must be promptly filed by the chair of the district board with the
5.25county auditor of the counties where the district is located and with the state board.
5.26 Sec. 9. Minnesota Statutes 2012, section 103C.401, subdivision 1, is amended to read:
5.27 Subdivision 1. Powers and duties. In addition to the powers and duties of the state
5.28board provided by other law, the state board shall:
5.29(1) offer to assist the district boards to implement their programs;
5.30(2) keep the district boards of the state informed of the activities and experience of
5.31other districts and facilitate cooperation and an interchange of advice and experience
5.32among the districts;
5.33(3) coordinate the programs and activities of the districts with appropriate agencies
5.34by advice and consultation;
6.1(4) approve or disapprove the plans or programs of districts relating to the use of
6.2state funds administered by the state board;
6.3(5) secure the cooperation and assistance of agencies in the work of the districts
6.4and develop a program to advise and assist appropriate agencies in obtaining state and
6.5federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
6.6control programs;
6.7(6) develop and implement a public information program concerning the districts'
6.8activities and programs, the problems and preventive practices relating to erosion control,
6.9sedimentation, agriculturally related pollution, flood prevention, and the advantages of
6.10formation of districts in areas where their organization is desirable;
6.11(7)
6.12
6.13
6.14(8) assist the statewide program to inventory and classify the types of soils in the
6.15state as determined by the Minnesota Cooperative Soil Survey;
6.16(9) identify research needs and cooperate with other public agencies in research
6.17concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
6.18related pollution, the amounts and sources of sediment and pollutants delivered to the
6.19waters of the state, and long-term soil productivity;
6.20(10) develop structural, land use management practice, and other programs to reduce
6.21or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;
6.22(11) develop a system of priorities to identify the erosion, flooding, sediment, and
6.23agriculturally related pollution problem areas that most need control systems;
6.24(12) ensure compliance with statewide programs and policies established by the state
6.25board by advice, consultation, and approval of grant agreements with the districts; and
6.26(13) service requests from districts to consolidate districts across county boundaries
6.27and facilitate other agreed-to reorganizations of districts with other districts or other local
6.28units of government, including making grants, within the limits of available funds, to
6.29offset the cost of consolidation or reorganization.
6.30 Sec. 10. Minnesota Statutes 2012, section 103F.135, subdivision 1, is amended to read:
6.31 Subdivision 1. Commissioner's duties. The commissioner shall:
6.32(1) collect and distribute information relating to flooding and floodplain management;
6.33(2) coordinate local, state, and federal floodplain management activities to the
6.34greatest extent possible, and encourage the United States Army Corps of Engineers and
6.35the United States
7.1flood control planning data available to local governmental units for planning purposes,
7.2to allow adequate local participation in the planning process and in the selection of
7.3desirable alternatives;
7.4(3) assist local governmental units in their floodplain management activities; and
7.5(4) do all other things, within lawful authority, that are necessary or desirable to
7.6manage the floodplain for beneficial uses compatible with the preservation of the capacity
7.7of the floodplain to carry and discharge the regional flood.
7.8 Sec. 11. Minnesota Statutes 2012, section 103G.005, subdivision 9, is amended to read:
7.9 Subd. 9. Director. "Director" means the director of the Division of
7.10 Ecological and Water Resources of the Department of Natural Resources.
7.11 Sec. 12. Minnesota Statutes 2012, section 103G.005, subdivision 9a, is amended to read:
7.12 Subd. 9a. Division. "Division" means the Division of
7.13Resources of the Department of Natural Resources.
7.14 Sec. 13. Minnesota Statutes 2012, section 115.06, subdivision 4, is amended to read:
7.15 Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
7.16citizen monitoring of ambient water quality for public waters by:
7.17(1) providing technical assistance to citizen and local group water quality monitoring
7.18efforts;
7.19(2) integrating citizen monitoring data into water quality assessments and agency
7.20programs, provided that the data adheres to agency quality assurance and quality control
7.21protocols; and
7.22(3) seeking public and private funds to:
7.23(i) collaboratively develop clear guidelines for water quality monitoring procedures
7.24and data management practices for specific data and information uses;
7.25(ii) distribute the guidelines to citizens, local governments, and other interested
7.26parties;
7.27(iii) improve and expand water quality monitoring activities carried out by the
7.28agency; and
7.29(iv) continue to improve electronic and Web access to water quality data and
7.30information about public waters that have been either fully or partially assessed.
7.31(b) This subdivision does not authorize a citizen to enter onto private property
7.32for any purpose.
8.1
8.2
8.3
8.4 Sec. 14. Minnesota Statutes 2012, section 115A.03, is amended by adding a
8.5subdivision to read:
8.6 Subd. 25d. Refuse-derived fuel. "Refuse-derived fuel" means a product resulting
8.7from the processing of mixed municipal solid waste in a manner that reduces the quantity
8.8of noncombustible material present in the waste, reduces the size of waste components
8.9through shredding or other mechanical means, and produces a fuel suitable for combustion
8.10in existing or new solid fuel-fired boilers.
8.11 Sec. 15. Minnesota Statutes 2012, section 115A.54, subdivision 4, is amended to read:
8.12 Subd. 4. Termination of obligations; good faith effort. Notwithstanding the
8.13provisions of section
8.14or loan recipient under this section, if the commissioner finds that the recipient has made a
8.15good faith effort to exhaust all options in trying to comply with the terms and conditions
8.16of the grant or loan. In lieu of declaring a default on a grant or a loan under this section,
8.17the commissioner may identify additional measures a recipient should take in order to
8.18meet the good faith test required for terminating the recipient's obligations under this
8.19section.
8.20
8.21
8.22
8.23 Sec. 16. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
8.24 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
8.25and resource management permits be issued or denied within 150 days of the submission
8.26of a permit application. The commissioner of the Pollution Control Agency shall establish
8.27management systems designed to achieve the goal.
8.28(b) The commissioner shall prepare
8.29
8.30
8.31that have not met the goal, the report must state the reasons for not meeting the goal. In
8.32stating the reasons for not meeting the goal, the commissioner shall separately identify
8.33delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
9.1disagreements, or the level of public engagement. The report must specify the number
9.2of days from initial submission of the application to the day of determination that the
9.3application is complete. The report
9.4the year and assess whether program or system changes are necessary to achieve the
9.5goal. The report must be posted on the agency's Web site and submitted to the governor
9.6and the chairs and ranking minority members of the house of representatives and senate
9.7committees having jurisdiction over environment policy and finance.
9.8(c) The commissioner shall allow electronic submission of environmental review
9.9and permit documents to the agency.
9.10(d) Beginning July 1, 2011, within 30 business days of application for a permit
9.11subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
9.12the project proposer, in writing, whether the application is complete or incomplete. If the
9.13commissioner determines that an application is incomplete, the notice to the applicant
9.14must enumerate all deficiencies, citing specific provisions of the applicable rules and
9.15statutes, and advise the applicant on how the deficiencies can be remedied. This paragraph
9.16does not apply to an application for a permit that is subject to a grant or loan agreement
9.17under chapter 446A.
9.18(e) For purposes of this subdivision, "permit professional" means an individual not
9.19employed by the Pollution Control Agency who:
9.20(1) has a professional license issued by the state of Minnesota in the subject area
9.21of the permit;
9.22(2) has at least ten years of experience in the subject area of the permit; and
9.23(3) abides by the duty of candor applicable to employees of the Pollution Control
9.24Agency under agency rules and complies with all applicable requirements under chapter
9.25326.
9.26(f) Upon the agency's request, an applicant relying on a permit professional must
9.27participate in a meeting with the agency before submitting an application:
9.28(1) at least two weeks prior to the preapplication meeting, the applicant must submit
9.29at least the following:
9.30(i) project description, including, but not limited to, scope of work, primary
9.31emissions points, discharge outfalls, and water intake points;
9.32(ii) location of the project, including county, municipality, and location on the site;
9.33(iii) business schedule for project completion; and
9.34(iv) other information requested by the agency at least four weeks prior to the
9.35scheduled meeting; and
10.1 (2) during the preapplication meeting, the agency shall provide for the applicant at
10.2least the following:
10.3(i) an overview of the permit review program;
10.4(ii) a determination of which specific application or applications will be necessary
10.5to complete the project;
10.6(iii) a statement notifying the applicant if the specific permit being sought requires a
10.7mandatory public hearing or comment period;
10.8(iv) a review of the timetable established in the permit review program for the
10.9specific permit being sought; and
10.10(v) a determination of what information must be included in the application,
10.11including a description of any required modeling or testing.
10.12(g) The applicant may select a permit professional to undertake the preparation
10.13of the permit application and draft permit.
10.14(h) If a preapplication meeting was held, the agency shall, within seven business
10.15days of receipt of an application, notify the applicant and submitting permit professional
10.16that the application is complete or is denied, specifying the deficiencies of the application.
10.17(i) Upon receipt of notice that the application is complete, the permit professional
10.18shall submit to the agency a timetable for submitting a draft permit. The permit
10.19professional shall submit a draft permit on or before the date provided in the timetable.
10.20Within 60 days after the close of the public comment period, the commissioner shall notify
10.21the applicant whether the permit can be issued.
10.22(j) Nothing in this section shall be construed to modify:
10.23(1) any requirement of law that is necessary to retain federal delegation to or
10.24assumption by the state; or
10.25(2) the authority to implement a federal law or program.
10.26(k) The permit application and draft permit shall identify or include as an appendix
10.27all studies and other sources of information used to substantiate the analysis contained in
10.28the permit application and draft permit. The commissioner shall request additional studies,
10.29if needed, and the project proposer shall submit all additional studies and information
10.30necessary for the commissioner to perform the commissioner's responsibility to review,
10.31modify, and determine the completeness of the application and approve the draft permit.
10.32 Sec. 17. Minnesota Statutes 2012, section 116.07, subdivision 4j, is amended to read:
10.33 Subd. 4j. Permits; solid waste facilities. (a) The agency may not issue a permit
10.34for new or additional capacity for a mixed municipal solid waste resource recovery or
10.35disposal facility as defined in section
11.1the permit to use the facility has in place a solid waste management plan approved under
11.2section
11.3The agency shall issue the permit only if the capacity of the facility is consistent with the
11.4needs for resource recovery or disposal capacity identified in the approved plan or plans.
11.5Consistency must be determined by the Pollution Control Agency. Plans approved before
11.6January 1, 1990, need not be revised if the capacity sought in the permit is consistent
11.7with the approved plan or plans.
11.8(b) The agency shall require as part of the permit application for a waste incineration
11.9facility identification of preliminary plans for ash management and ash leachate treatment
11.10or ash utilization. The permit issued by the agency must include requirements for ash
11.11management and ash leachate treatment.
11.12(c)
11.13
11.14
11.15
11.16a completed application, the agency shall approve, disapprove, or delay decision on the
11.17application, with reasons for the delay, in writing.
11.18 Sec. 18. REVISOR'S INSTRUCTION.
11.19The revisor of statutes shall delete the range reference "103F.101 to 103F.155" and
11.20insert "103F.101 to 103F.151" and delete the range reference "103F.105 to 103F.155"
11.21and insert "103F.105 to 103F.151" wherever the range references appear in Minnesota
11.22Statutes and Minnesota Rules.
11.23 Sec. 19. REPEALER.
11.24Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3 and 4; 84.163;
11.2584.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52; 84.521;
11.2684.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702; 103F.131; 103F.155;
11.27103F.378; 103F.381; 103F.383, subdivision 3; 103F.387; 103F.389, subdivisions 1 and 2;
11.28103F.391; 115.445; 115B.412, subdivision 10; 116.181; 116.182, subdivision 3a; 116.195,
11.29subdivision 5; 116.54; 116.90; 116C.712; 116C.833, subdivision 2; and 173.0845, and
11.30Laws 2013, chapter 114, article 4, section 100, are repealed.
