1.1 .................... moves to amend H.F. No. 4021, as follows:
1.2Delete everything after the enacting clause and insert:
1.5
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Section 1. SUMMARY OF APPROPRIATIONS.
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1.6 The sums shown in the columns marked "Appropriations" are added to or, if shown
1.7in parentheses, subtracted from the appropriations in Laws 2007, chapter 57, article 1, to
1.8the agencies and for the purposes specified in this article. The appropriations are from the
1.9general fund, or another named fund, and are available for the fiscal years indicated for
1.10each purpose. The figures "2008" and "2009" used in this article mean that the addition
1.11to or subtraction from the appropriation listed under them is available for the fiscal year
1.12ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
1.13reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
1.14day following final enactment.
1.15
|
|
|
2008
|
|
2009
|
|
Total
|
1.16
|
General
|
$
|
-0-
|
$
|
(3,348,000)
|
$
|
(3,348,000)
|
1.17
|
Environmental
|
|
-0-
|
|
134,000
|
|
134,000
|
1.18
|
Natural Resources
|
|
-0-
|
|
882,000
|
|
882,000
|
1.19
|
Game and Fish
|
|
144,000
|
|
767,000
|
|
911,000
|
1.20
|
Total
|
$
|
144,000
|
$
|
(1,565,000)
|
$
|
(1,421,000)
|
1.21
|
|
|
|
APPROPRIATIONS
|
1.22
|
|
|
|
Available for the Year
|
1.23
|
|
|
|
Ending June 30
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1.24
|
|
|
|
|
2008
|
|
2009
|
1.25
|
Sec. 2. POLLUTION CONTROL AGENCY
|
$
|
-0-
|
|
(469,000)
|
2.1
|
Appropriations by Fund
|
2.2
|
General
|
-0-
|
(603,000)
|
2.3
|
Environmental Fund
|
-0-
|
134,000
|
2.4$623,000 is a reduction in fiscal year 2009.
2.5The commissioner shall make the reduction
2.6to administrative activities in such a way to
2.7minimize the effect to program operations.
2.8$134,000 in fiscal year 2009 is appropriated
2.9from the environmental fund for the
2.10development and adoption of rules to
2.11regulate emission standards of motor
2.12vehicles sold in this state as authorized under
2.13the federal Clean Air Act, United States
2.14Code, title 42, section 7507. The base for
2.15fiscal year 2010 is $114,000.
2.16$20,000 in fiscal year 2009 is appropriated
2.17from the general fund for the following
2.18purposes:
2.19(1) the development of recommendations
2.20for establishing a comprehensive product
2.21stewardship approach to reducing
2.22environmental and health risks posed by
2.23the use or disposal of products, these
2.24recommendations shall be submitted to
2.25the chairs and ranking minority members
2.26of the senate and house committees with
2.27jurisdiction over environmental policy
2.28and environmental finance by January
2.2915, 2009. The recommendations shall
2.30include, as a minimum: a set of criteria to
2.31be used to evaluate products proposed for
2.32product stewardship solutions; a process for
2.33designating products for product stewardship
2.34solutions, and the role the legislature would
2.35play in that process; typical components
3.1of product stewardship plans; options to
3.2facilitate the creation of industry-managed
3.3stewardship management organizations;
3.4methods to identify and monitor progress
3.5towards stewardship performance goals for
3.6specific products; and strategies to implement
3.7the use of standards, certifications, and
3.8eco-labels to promote environmentally
3.9preferable products. To the extent possible,
3.10the recommendations must be consistent
3.11with existing product stewardship programs
3.12in North America. In developing the
3.13recommendations, the commissioner must
3.14consult with manufacturers, retailers,
3.15recyclers, environmental advocacy
3.16organizations, local units of government and
3.17other interested parties.
3.18(2) a report to be submitted, by December
3.191, 2008, to the chairs and ranking minority
3.20members of the senate and house committees
3.21with primary jurisdiction over solid
3.22waste policy, analyzing the availability of
3.23collection and processing capacity in the
3.24seven-county metropolitan area for the
3.25recycling of construction and demolition
3.26waste. The report must also recommend a
3.27percentage of the total weight of construction
3.28and demolition waste generated in the
3.29seven-county metropolitan area that
3.30represents an achievable but aggressive
3.31recycling goal that can be reached in 2012,
3.32and must include an analysis of the economic
3.33and environmental costs and benefits of
3.34reaching that goal.
3.35(3) a report to be submitted, by January 1,
3.362009, to the chairs and ranking minority
4.1members of the senate and house committees
4.2with primary jurisdiction over solid waste
4.3policy, that recommends options for
4.4achieving the following goals by 2020: an
4.5increase in county recycling rates to 60
4.6percent of the weight of total solid waste
4.7generation; and the diversion, prior to
4.8delivery to landfills and waste-to-energy
4.9plants, and recycling and reuse of an amount
4.10of source-separated compostable materials
4.11equal to 15 percent of total solid waste
4.12generation. The commissioner must obtain
4.13input from counties inside and outside the
4.14seven-county metropolitan area, recycling
4.15and composting facilities, waste haulers,
4.16environmental organizations, and other
4.17interested parties, in preparing the report.
4.18The report must also contain estimates of
4.19the economic costs of implementing the
4.20strategies.
4.21$1,500,000 of the appropriation contained
4.22in Laws 2007, chapter 57, article 1, section
4.233, from the general fund in fiscal year 2009
4.24for regulatory services to the ethanol and
4.25mining industries is contingent upon the
4.26agency recovering in fees $1,500,000 for
4.27these services in fiscal year 2009.
4.28
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Sec. 3. NATURAL RESOURCES
|
|
|
|
|
4.29
|
Subdivision 1.Total Appropriation
|
$
|
144,000
|
$
|
(778,000)
|
4.30
|
Appropriations by Fund
|
4.31
|
General
|
-0-
|
(2,265,000)
|
4.32
|
Natural Resources
|
-0-
|
720,000
|
4.33
|
Game and Fish
|
144,000
|
767,000
|
5.1The amounts reduced from the appropriations
5.2in Laws 2007, chapter 57, article 1, section 4,
5.3are specified in the following subdivisions.
5.4
|
Subd. 2.Lands and Minerals
|
|
-0-
|
|
(225,000)
|
5.5$425,000 in fiscal year 2009 is a reduction in
5.6the lands and minerals budget. This is a base
5.7reduction.
5.8$124,000 of this reduction is from the
5.9appropriation for iron ore cooperative
5.10agreements.
5.11$200,000 in fiscal year 2009 is appropriated
5.12from the natural resources fund for the
5.13administration and monitoring of permits
5.14to mine ferrous metals under Minnesota
5.15Statutes section, 93.481. By January 15,
5.162009, the commissioner shall report to the
5.17legislature and the chairs of the senate and
5.18house committees with jurisdiction over
5.19environment and natural resource finance
5.20on the establishment of a permit to mine
5.21application fee and any necessary legislation
5.22needed to cover the costs of issuing and
5.23monitoring the permits for the next biennium.
5.24
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Subd. 3.Water Resource Management
|
|
-0-
|
|
(253,000)
|
5.25$38,000 is a reduction in 2009 attributable
5.26to the repeal of reporting requirements
5.27under Minnesota Statutes, section 103A.43,
5.28paragraph (c).
5.29
|
Subd. 4.Forest Management
|
|
-0-
|
|
250,000
|
5.30$53,000 in 2009 is for a grant to the Forest
5.31Resources Council to conduct a study of
5.32options and make recommendations to the
5.33legislature for addressing the fragmentation
5.34and parcelization of large blocks of private
6.1forest land in the state. This is a one time
6.2appropriation.
6.3$197,000 in fiscal year 2009 is for a grant
6.4to the University of Minnesota for the
6.5Interagency Information Cooperative to
6.6develop a common forest inventory format
6.7describing key attributes of Minnesota's
6.8public forest land base, growth models for
6.9managed forest stands, a forest wildlife
6.10habitat model format, and an information
6.11database on the state's family forest
6.12ownership.
6.13
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Subd. 5.Parks and Recreation Management
|
|
-0-
|
|
-0-
|
6.14$220,000 is a reduction in fiscal year 2009 in
6.15the parks and recreation management budget.
6.16$220,000 each year beginning in 2009 is
6.17from the state park account in the natural
6.18resources fund to fund state park operations,
6.19maintenance, resource management,
6.20educational services, and associated support
6.21costs. This appropriation is from the revenue
6.22deposited in the natural resources fund
6.23under Minnesota Statutes, section 297A.94,
6.24paragraph (e), clause (2).
6.25
|
Subd. 6.Trails and Waterways Management
|
|
-0-
|
|
300,000
|
6.26$300,000 each year beginning in 2009 is
6.27from the all-terrain vehicle account in the
6.28natural resources fund, for monitoring and
6.29maintenance of newly designated trails.
6.30
|
Subd. 7.Fish and Wildlife Management
|
|
144,000
|
|
140,000
|
6.31$427,000 is a reduction in fiscal year 2009 in
6.32the fish and wildlife program. The base for
6.33this appropriation in fiscal years 2010 and
6.342011 is reduced by $539,000 each year.
7.1$200,000 is a reduction in fiscal year 2009
7.2from the appropriation for prairie wetland
7.3complexes. $200,000 is appropriated from
7.4the game and fish fund in fiscal year 2009 for
7.5prairie wetland complexes.
7.6$123,000 in 2008 and $246,000 each year
7.7thereafter is from the game and fish fund to
7.8implement fish virus surveillance, prepare
7.9infrastructure to handle possible outbreaks,
7.10and implement control procedures for highest
7.11risk waters and fish production operations.
7.12$21,000 in fiscal year 2009 is from the game
7.13and fish fund and is added to the base for the
7.14aquatic farm permitting program.
7.15$300,000 in fiscal year 2009 is from the
7.16game and fish fund to study, predesign
7.17and design shooting sports facilities at the
7.18Vermillion Highlands Wildlife Management
7.19Area authorized by Laws 2007, chapter 57,
7.20article 1, section 168.
7.21
|
Subd. 8.Ecological Services
|
|
-0-
|
|
(230,000)
|
7.22$230,000 of this reduction is from the
7.23appropriation for impaired waters.
7.24The Project Wild program base is reduced
7.25for fiscal years 2010 and 2011 by $20,000.
7.26By June 30, 2008, $594,000 shall be
7.27transferred from the water recreation account
7.28in the natural resources fund to the invasive
7.29species account in the natural resources fund
7.30for invasive species-related expenses.
7.31
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Subd. 9.Enforcement
|
|
-0-
|
|
(160,000)
|
7.32$160,000 is a reduction in 2009 in the
7.33enforcement budget.
8.1
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Subd. 10.Operations Support
|
|
-0-
|
|
(600,000)
|
8.2$600,000 is a reduction to the agency's
8.3administration costs in fiscal year 2009. The
8.4commissioner shall make these reductions
8.5throughout the agency through reduction
8.6in travel, administrative costs, and vacancy
8.7management.
8.8
8.9
|
Sec. 4. BOARD OF WATER AND SOIL
RESOURCES
|
$
|
-0-
|
$
|
(318,000)
|
8.10$550,000 is a reduction in 2009 from the
8.11appropriation for cost-sharing contracts to
8.12establish native buffers.
8.13$100,000 is a reduction in 2009 from the
8.14appropriation for county cooperative weed
8.15management programs.
8.16$68,000 is a reduction in 2009 from the
8.17appropriation for the drainage assistance
8.18program.
8.19$100,000 is a reduction in 2009 from the
8.20appropriation for grants to basin management
8.21organizations.
8.22$450,000 in fiscal year 2009 is for
8.23implementing rehabilitation, erosion, and
8.24sediment control projects in the area included
8.25in DR-1717. Up to 20 percent of this
8.26appropriation may be used by the board to
8.27implement the program. Funds in this section
8.28are available until expended. The base for
8.292010 is $275,000, for 2011 the base is $0.
8.30$50,000 in fiscal year 2009 is for the star lake
8.31and river program under the new Minnesota
8.32Statutes, section 103B.701. The base for
8.33fiscal year 2010 is $100,000.
9.1
|
Sec. 5. METROPOLITAN COUNCIL
|
$
|
-0-
|
$
|
-0-
|
9.2$162,000 in fiscal year 2009 is reduced
9.3from money appropriated from the general
9.4fund for metropolitan area regional parks
9.5maintenance and operations under Laws
9.62007, chapter 57, article 1, section 6. The
9.7base for fiscal years 2010 and 2011 are
9.8reduced by $162,000 each year.
9.9$162,000 in fiscal year 2009 is appropriated
9.10from the natural resources fund for
9.11metropolitan area regional parks maintenance
9.12and operations. This appropriation is from
9.13the revenue deposited in the natural resources
9.14fund under Minnesota Statutes, section
9.15297A.94, paragraph (e), clause (3).
9.16 Sec. 6. Laws 2007, chapter 57, article 1, section 4, subdivision 3, is amended to read:
9.17
|
Subd. 3. Water Resources Management
|
|
15,051,000
|
|
12,522,000
|
9.18
|
Appropriations by Fund
|
9.19
|
General
|
14,771,000
|
12,242,000
|
9.20
|
Natural Resources
|
280,000
|
280,000
|
9.21$310,000 the first year and
$310,000$280,000
9.22the second year are for grants associated
9.23with the implementation of the Red River
9.24mediation agreement.
9.25$65,000 the first year
and $65,000 the second
9.26year areis for a grant to the Mississippi
9.27Headwaters Board for up to 50 percent of
9.28the cost of implementing the comprehensive
9.29plan for the upper Mississippi within areas
9.30under its jurisdiction.
This is a onetime
9.31appropriation.
9.32$5,000 the first year and $5,000 the second
9.33year are for payment to the Leech Lake Band
10.1of Chippewa Indians to implement its portion
10.2of the comprehensive plan for the upper
10.3Mississippi.
10.4$200,000 the first year and
$200,000
10.5$178,000 the second year are for the
10.6construction of ring dikes under Minnesota
10.7Statutes, section
103F.161. The ring dikes
10.8may be publicly or privately owned. If the
10.9appropriation in either year is insufficient, the
10.10appropriation in the other year is available
10.11for it. The base appropriation for fiscal year
10.122010 and later is
$125,000 $105,000.
10.13$2,250,000 $2,152,000 the first year is
10.14to support the identification of impaired
10.15waters and develop plans to address those
10.16impairments, as required by the federal Clean
10.17Water Act, in accordance with Minnesota
10.18Statutes, chapter 114D. This is a onetime
10.19appropriation.
10.20By January 15, 2008, the commissioner shall
10.21commence rulemaking under Minnesota
10.22Statutes, chapter 14, to update the minimum
10.23shoreland standards in Minnesota Rules,
10.24chapter 6120.
10.25$60,000 the first year is a onetime
10.26appropriation to the commissioner of natural
10.27resources to conduct a feasibility study
10.28in conjunction with U.S. Army Corps of
10.29Engineers on the foundation and hydraulics
10.30of the Rapidan Dam in Blue Earth County.
10.31This appropriation must be equally matched
10.32by Blue Earth County, and is available until
10.33expended.
10.34$500,000 in fiscal year 2008 is for addressing
10.35surface and groundwater issues related to
11.1the development and expansion of ethanol
11.2production.
11.3 Sec. 7. Laws 2007, chapter 57, article 1, section 4, subdivision 4, is amended to read:
11.4
|
Subd. 4. Forest Management
|
|
44,495,000
|
|
43,393,000
|
11.5
|
Appropriations by Fund
|
11.6
|
General
|
24,755,000
|
24,836,000
|
11.7
|
Natural Resources
|
19,483,000
|
18,293,000
|
11.8
|
Game and Fish
|
257,000
|
264,000
|
11.9$7,217,000 the first year and $7,217,000
11.10the second year are for prevention,
11.11presuppression, and suppression costs of
11.12emergency firefighting and other costs
11.13incurred under Minnesota Statutes, section
11.1488.12
. If the appropriation for either
11.15year is insufficient to cover all costs of
11.16presuppression and suppression, the amount
11.17necessary to pay for these costs during the
11.18biennium is appropriated from the general
11.19fund.
11.20By November 15 of each year, the
11.21commissioner of natural resources shall
11.22submit a report to the chairs of the house
11.23and senate committees and divisions having
11.24jurisdiction over environment and natural
11.25resources finance, identifying all firefighting
11.26costs incurred and reimbursements received
11.27in the prior fiscal year. These appropriations
11.28may not be transferred. Any reimbursement
11.29of firefighting expenditures made to the
11.30commissioner from any source other than
11.31federal mobilizations shall be deposited into
11.32the general fund.
11.33$17,983,000 the first year and $18,293,000
11.34the second year are from the forest
11.35management investment account in the
12.1natural resources fund for only the purposes
12.2specified in Minnesota Statutes, section
12.389.039
, subdivision 2.
12.4Of this amount:
12.5(1) $750,000 each year is for additional staff
12.6to enhance timber sales;
12.7(2) $1,000,000 each year is for forest
12.8improvements;
12.9(3) $1,100,000 each year is for forest road
12.10maintenance;
12.11(4) $600,000 each year is for the ecological
12.12classification system on state forest lands;
12.13(5) $350,000 each year is for the prevention
12.14of invasive species on state forest lands; and
12.15(6) $400,000 each year is for the re-inventory
12.16of state forest lands.
12.17Money for forest road maintenance is
12.18onetime.
12.19$780,000 the first year and $780,000 the
12.20second year are for the Forest Resources
12.21Council for implementation of the
12.22Sustainable Forest Resources Act.
12.23$40,000 the first year is for the Forest
12.24Resources Council to provide a grant to
12.25the University of Minnesota to prepare a
12.26statewide plan to address the fragmentation
12.27and parcelization of large blocks of forest
12.28land in the state.
12.29$200,000 in fiscal year 2008 is for a grant
12.30to the Forest Resources Research Advisory
12.31Committee to provide direction on research
12.32topics recommended by the governor's task
13.1force on the competitiveness of Minnesota's
13.2primary forest products industry.
13.3$350,000 the first year and $350,000 the
13.4second year are for the FORIST timber
13.5management information system, other
13.6information systems, and for increased
13.7forestry management. The amount in the
13.8second year is also available in the first year.
13.9$257,000 the first year and $264,000 the
13.10second year are from the game and fish
13.11fund to implement ecological classification
13.12systems (ECS) standards on forested
13.13landscapes. This appropriation is from
13.14revenue deposited in the game and fish fund
13.15under Minnesota Statutes, section
297A.94,
13.16paragraph (e), clause (1).
13.17$110,000 the first year is to develop and
13.18implement a statewide information and
13.19education campaign regarding the statewide
13.20ban on the transport, storage, or use of
13.21nonapproved firewood on state-administered
13.22lands.
13.23$1,500,000 the first year is from the forest
13.24management investment account in the
13.25natural resources fund for the purposes of
13.26section 158. This is a onetime appropriation.
13.27$75,000 the first year is to the Forest
13.28Resources Council for a task force on
13.29forest protection and $75,000 the second
13.30year is appropriated to the commissioner
13.31for grants to cities, counties, townships,
13.32special recreation areas, and park and
13.33recreation boards in cities of the first class
13.34for the identification, removal, disposal, and
13.35replacement of dead or dying shade trees
14.1lost to forest pests or disease. For purposes
14.2of this section, "shade tree" means a woody
14.3perennial grown primarily for aesthetic or
14.4environmental purposes with minimal to
14.5residual timber value. The commissioner
14.6shall consult with municipalities; park and
14.7recreation boards in cities of the first class;
14.8nonprofit organizations; and other interested
14.9parties in developing eligibility criteria. *
14.10(The preceding text beginning "$75,000 the
14.11first year" was indicated as vetoed by the
14.12governor.)
14.13$200,000 in fiscal year 2008 is for a grant
14.14to the Natural Resources Research Institute
14.15for silvicultural research to improve the
14.16quality and quantity of timber fiber. The
14.17appropriation must be matched in the amount
14.18of $200,000 in cash or in-kind contributions
14.19from the forest products industry members of
14.20the Minnesota Forest Productivity Research
14.21Cooperative.
14.22$1,000,000 the first year and $1,000,000
14.23the second year are to support additional
14.24technical and cost-share assistance to
14.25nonindustrial private forest (NIPF)
14.26landowners forest management activities.
14.27The base appropriation in fiscal year 2010
14.28and later is $500,000.
14.29$200,000 the first year and $200,000 the
14.30second year are to
address escalating
14.31land asset management demands, such as
14.32boundary disputes, access easements, and
14.33sale, exchange, and acquisition of forest
14.34lands support additional forest management
14.35activities.
15.1 Sec. 8. Laws 2007, chapter 57, article 1, section 4, subdivision 6, is amended to read:
15.2
|
Subd. 6. Trails and Waterways Management
|
|
30,257,000
|
|
30,492,000
|
15.3
|
Appropriations by Fund
|
15.4
|
General
|
2,538,000
|
2,568,000
|
15.5
|
Natural Resources
|
25,600,000
|
25,730,000
|
15.6
|
Game and Fish
|
2,119,000
|
2,194,000
|
15.7$8,424,000 the first year and $8,424,000
15.8the second year are from the snowmobile
15.9trails and enforcement account in the natural
15.10resources fund for snowmobile grants-in-aid.
15.11The additional money under this item may
15.12be used for new grant-in-aid trails. Any
15.13unencumbered balance does not cancel at the
15.14end of the first year and is available for the
15.15second year.
15.16$1,175,000 the first year and $1,325,000 the
15.17second year are from the natural resources
15.18fund for off-highway vehicle grants-in-aid.
15.19Of this amount, $825,000 the first year and
15.20$1,075,000 the second year are from the
15.21all-terrain vehicle account; $150,000 each
15.22year is from the off-highway motorcycle
15.23account; and $200,000 the first year and
15.24$100,000 the second year are from the
15.25off-road vehicle account. Any unencumbered
15.26balance does not cancel at the end of the first
15.27year and is available for the second year.
15.28$261,000 the first year and $261,000 the
15.29second year are from the water recreation
15.30account in the natural resources fund for a
15.31safe harbor program on Lake Superior.
15.32$742,000 the first year and $760,000
15.33the second year are from the natural
15.34resources fund for state trail operations
15.35and maintenance. The money may be used
16.1for trail maintenance, signage, mapping,
16.2interpretation, native prairie restoration
16.3using best management practices, and
16.4maintenance of nonmotorized forest trails.
16.5This appropriation is from the revenue
16.6deposited in the natural resources fund
16.7under Minnesota Statutes, section
297A.94,
16.8paragraph (e), clause (2).
16.9$655,000 the first year and $655,000 the
16.10second year are from the natural resources
16.11fund for trail grants to local units of
16.12government on land to be maintained for
16.13at least 20 years for the purposes of the
16.14grant. This appropriation is from the revenue
16.15deposited in the natural resources fund
16.16under Minnesota Statutes, section
297A.94,
16.17paragraph (e), clause (4).
Any unencumbered
16.18balance does not cancel at the end of the
16.19first year and is available for the second
16.20year. In addition, if a project financed under
16.21this program receives a federal grant award,
16.22the availability of the financing from this
16.23paragraph for that project is extended to
16.24equal the period of the federal grant.
16.25$150,000 the first year and $150,000 the
16.26second year are from the all-terrain vehicle
16.27account for two all-terrain vehicle trail
16.28specialists to assist and consult with on
16.29all-terrain vehicle grant-in-aid education and
16.30training for sustainable trail development and
16.31maintenance, as well as providing training
16.32for public and private sector trail monitoring.
16.33The specialists may assist in the evaluation
16.34of grant-in-aid trail proposals, but not in the
16.35promotion of new trails.
17.1$1,965,000 the first year and $2,040,000
17.2the second year are from the game and fish
17.3fund for expenditures on water access sites
17.4according to the requirements of the federal
17.5sport and fish restoration program.
17.6Money appropriated under Laws 2005, First
17.7Special Session chapter 1, article 2, section
17.811, subdivision 6, paragraph (h), for the Paul
17.9Bunyan State Trail connection is available
17.10until June 30, 2008.
17.11$400,000 each year is for operation and
17.12maintenance of nonmotorized trails within
17.13state forests. This is a onetime appropriation.
17.14$75,000 each year is for additional wild and
17.15scenic rivers program activities.
17.16$120,000 the first year is from the
17.17water recreation account in the natural
17.18resources fund to cooperate with local
17.19units of government in marking routes and
17.20designating river accesses and campsites
17.21under Minnesota Statutes, section
85.32.
17.22This is a onetime appropriation and available
17.23until spent.
17.24The appropriation in Laws 2005, First
17.25Special Session chapter 1, article 2, section
17.263, subdivision 6, from the lottery in lieu
17.27account in the natural resources fund for
17.28trail grants to local units of government, is
17.29available until June 30, 2009.
17.31ENVIRONMENT AND NATURAL RESOURCES POLICY
17.32 Section 1. Minnesota Statutes 2006, section 17.4988, subdivision 2, is amended to read:
18.1 Subd. 2.
Aquatic farming license. (a) The annual fee for an aquatic farming license
18.2is $210
for the base license.
The commissioner must establish an additional fee based
18.3on the acreage of the operation.
18.4 (b) The aquatic farming license may contain endorsements for the rights and
18.5privileges of the following licenses under the game and fish laws. The endorsement must
18.6be made upon payment of the license fee prescribed in section
97A.475 for the following
18.7licenses:
18.8 (1) minnow dealer license;
18.9 (2) minnow retailer license for sale of minnows as bait;
18.10 (3) minnow exporting license;
18.11 (4) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle
18.12license, a minnow retailer vehicle license, an exporting minnow vehicle license, and a
18.13fish vendor license;
18.14 (5) sucker egg taking license; and
18.15 (6) game fish packers license.
18.16 Sec. 2. Minnesota Statutes 2006, section 17.4988, subdivision 3, is amended to read:
18.17 Subd. 3.
Inspection fees. The fees for the following inspections are: The
18.18commissioner may, by written order published in the State Register, establish fees for
18.19the services listed in clauses (1) to (3). The fees must be set in an amount that does not
18.20recover significantly more or less than the cost of providing the service. The fees are not
18.21subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The
18.22services covered under this provision include:
18.23 (1) initial inspection of each water to be licensed
, $50;
18.24 (2) fish health inspection and certification,
$60 plus $150 per lot thereafter including
18.25initial tissue sample collection, basic fish health assessment, viral pathogen testing, and
18.26bacteriological testing; and
18.27 (3) initial inspection for containment and quarantine facility inspections
, $100.
18.28 Sec. 3. Minnesota Statutes 2006, section 84.788, subdivision 3, is amended to read:
18.29 Subd. 3.
Application; issuance; reports. (a) Application for registration or
18.30continued registration must be made to the commissioner or an authorized deputy registrar
18.31of motor vehicles in a form prescribed by the commissioner. The form must state the name
18.32and address of every owner of the off-highway motorcycle.
18.33 (b) A person who purchases from a retail dealer an off-highway motorcycle shall
18.34make application for registration to the dealer at the point of sale. The dealer shall issue a
18.35dealer temporary
ten-day 21-day registration permit to each purchaser who applies to the
19.1dealer for registration. The dealer shall submit the completed registration applications and
19.2fees to the deputy registrar at least once each week. No fee may be charged by a dealer to
19.3a purchaser for providing the temporary permit.
19.4 (c) Upon receipt of the application and the appropriate fee, the commissioner
19.5or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
19.6registration number or a commissioner or deputy registrar temporary
ten-day 21-day
19.7permit. Once issued, the registration number must be affixed to the motorcycle according
19.8to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials
19.9or temporary permit to the purchaser within the
ten-day 21-day temporary permit period.
19.10 (d) The commissioner shall develop a registration system to register vehicles under
19.11this section. A deputy registrar of motor vehicles acting under section
168.33, is also a
19.12deputy registrar of off-highway motorcycles. The commissioner of natural resources
19.13in agreement with the commissioner of public safety may prescribe the accounting
19.14and procedural requirements necessary to ensure efficient handling of registrations
19.15and registration fees. Deputy registrars shall strictly comply with the accounting and
19.16procedural requirements.
19.17 (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for
19.18each off-highway motorcycle registration renewal, duplicate or replacement registration
19.19card, and replacement decal and a filing fee of $7 is charged for each off-highway
19.20motorcycle registration and registration transfer issued by:
19.21 (1) a deputy registrar and must be deposited in the treasury of the jurisdiction where
19.22the deputy is appointed, or kept if the deputy is not a public official; or
19.23 (2) the commissioner and must be deposited in the state treasury and credited to the
19.24off-highway motorcycle account.
19.25 (f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must
19.26display a registration decal issued by the commissioner. If the motorcycle is licensed as
19.27a motor vehicle, a registration decal must be affixed on the upper left corner of the rear
19.28license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be
19.29attached on the side of the motorcycle and may be attached to the fork tube. The decal
19.30must be attached in a manner so that it is visible while a rider is on the motorcycle. The
19.31issued decals must be of a size to work within the constraints of the electronic licensing
19.32system, not to exceed three inches high and three inches wide.
19.33 (g) Display of a registration decal is not required for an off-highway motorcycle:
19.34 (1) while being operated on private property; or
19.35 (2) while competing in a closed-course competition event.
19.36 Sec. 4. Minnesota Statutes 2006, section 84.82, subdivision 2, is amended to read:
20.1 Subd. 2.
Application, issuance, reports, additional fee. (a) Application for
20.2registration or reregistration shall be made to the commissioner or an authorized deputy
20.3registrar of motor vehicles in a format prescribed by the commissioner and shall state the
20.4legal name and address of every owner of the snowmobile.
20.5 (b) A person who purchases a snowmobile from a retail dealer shall make
20.6application for registration to the dealer at the point of sale. The dealer shall issue a dealer
20.7temporary
ten-day 21-day registration permit to each purchaser who applies to the dealer
20.8for registration.
The temporary permit must contain the dealer's identification number and
20.9phone number. Each retail dealer shall submit completed registration and fees to the
20.10deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for
20.11providing the temporary permit.
20.12 (c) Upon receipt of the application and the appropriate fee as hereinafter provided,
20.13the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
20.14an assigned registration number or a commissioner or deputy registrar temporary
ten-day
20.1521-day permit. Once issued, the registration number must be affixed to the snowmobile in
20.16a clearly visible and permanent manner for enforcement purposes as the commissioner
20.17of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
20.18registration materials or temporary permit to the purchaser within the temporary
ten-day
20.1921-day permit period. The registration is not valid unless signed by at least one owner.
20.20The temporary permit must indicate whether a snowmobile state trail sticker under section
20.2184.8205 was purchased.
20.22 (d) Each deputy registrar of motor vehicles acting pursuant to section
168.33, shall
20.23also be a deputy registrar of snowmobiles. The commissioner of natural resources in
20.24agreement with the commissioner of public safety may prescribe the accounting and
20.25procedural requirements necessary to assure efficient handling of registrations and
20.26registration fees. Deputy registrars shall strictly comply with these accounting and
20.27procedural requirements.
20.28 (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
20.29 (1) each snowmobile registered by the registrar or a deputy registrar and the
20.30additional fee shall be disposed of in the manner provided in section
168.33, subdivision
20.312
; or
20.32 (2) each snowmobile registered by the commissioner and the additional fee shall
20.33be deposited in the state treasury and credited to the snowmobile trails and enforcement
20.34account in the natural resources fund.
20.35 Sec. 5. Minnesota Statutes 2006, section 84.82, is amended by adding a subdivision to
20.36read:
21.1 Subd. 3a. Expiration. All snowmobile registrations, excluding temporary
21.2registration permits, required under this section expire June 30 of the year of expiration.
21.3 Sec. 6. Minnesota Statutes 2007 Supplement, section 84.8205, subdivision 1, is
21.4amended to read:
21.5 Subdivision 1.
Sticker required; fee. (a) Except as provided in paragraph (b), a
21.6person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
21.7snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
21.8resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
21.9three-year snowmobile state trail sticker that is purchased at the time of snowmobile
21.10registration is $30. In addition to other penalties prescribed by law, a person in violation
21.11of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker
21.12is valid from November 1 through
April June 30. Fees collected under this section, except
21.13for the issuing fee for licensing agents, shall be deposited in the state treasury and credited
21.14to the snowmobile trails and enforcement account in the natural resources fund and,
21.15except for the electronic licensing system commission established by the commissioner
21.16under section
84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
21.17grooming, and easement acquisition.
21.18 (b) A state trail sticker is not required under this section for:
21.19 (1) a snowmobile owned by the state or a political subdivision of the state that is
21.20registered under section
84.82, subdivision 5;
21.21 (2) a snowmobile that is owned and used by the United States, another state, or
21.22a political subdivision thereof that is exempt from registration under section
84.82,
21.23subdivision 6;
21.24 (3) a collector snowmobile that is operated as provided in a special permit issued for
21.25the collector snowmobile under section
84.82, subdivision 7a;
21.26 (4) a person operating a snowmobile only on the portion of a trail that is owned by
21.27the person or the person's spouse, child, or parent; or
21.28 (5) a snowmobile while being used to groom a state or grant-in-aid trail.
21.29 (c) A temporary registration permit issued by a dealer under section 84.82,
21.30subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
21.31included with the registration application fee.
21.32 Sec. 7. Minnesota Statutes 2006, section 84.922, subdivision 2, is amended to read:
21.33 Subd. 2.
Application, issuance, reports. (a) Application for registration or
21.34continued registration shall be made to the commissioner or an authorized deputy registrar
22.1of motor vehicles in a form prescribed by the commissioner. The form must state the name
22.2and address of every owner of the vehicle.
22.3 (b) A person who purchases an all-terrain vehicle from a retail dealer shall make
22.4application for registration to the dealer at the point of sale. The dealer shall issue a dealer
22.5temporary
ten-day 21-day registration permit to each purchaser who applies to the dealer
22.6for registration. The dealer shall submit the completed registration application and fees
22.7to the deputy registrar at least once each week. No fee may be charged by a dealer to a
22.8purchaser for providing the temporary permit.
22.9 (c) Upon receipt of the application and the appropriate fee, the commissioner
22.10or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
22.11registration number or a commissioner or deputy registrar temporary
ten-day 21-day
22.12permit. Once issued, the registration number must be affixed to the vehicle in a manner
22.13prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the
22.14registration materials or temporary permit to the purchaser within the
ten-day 21-day
22.15temporary permit period. The commissioner shall use the snowmobile registration system
22.16to register vehicles under this section.
22.17 (d) Each deputy registrar of motor vehicles acting under section
168.33, is also
22.18a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
22.19agreement with the commissioner of public safety may prescribe the accounting and
22.20procedural requirements necessary to assure efficient handling of registrations and
22.21registration fees. Deputy registrars shall strictly comply with the accounting and
22.22procedural requirements.
22.23 (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged
22.24for each all-terrain vehicle registration renewal, duplicate or replacement registration
22.25card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle
22.26registration and registration transfer issued by:
22.27 (1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where
22.28the deputy is appointed, or retained if the deputy is not a public official; or
22.29 (2) the commissioner and shall be deposited to the state treasury and credited to the
22.30all-terrain vehicle account in the natural resources fund.
22.31 Sec. 8. Minnesota Statutes 2006, section 84.9256, subdivision 1, is amended to read:
22.32 Subdivision 1.
Prohibitions on youthful operators. (a) Except for operation on
22.33public road rights-of-way that is permitted under section
84.928, a driver's license issued
22.34by the state or another state is required to operate an all-terrain vehicle along or on a
22.35public road right-of-way.
23.1 (b) A person under 12 years of age shall not:
23.2 (1) make a direct crossing of a public road right-of-way;
23.3 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
23.4 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
23.5paragraph (f).
23.6 (c) Except for public road rights-of-way of interstate highways, a person 12 years
23.7of age but less than 16 years may make a direct crossing of a public road right-of-way
23.8of a trunk, county state-aid, or county highway or operate on public lands and waters
or
23.9state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
23.10certificate issued by the commissioner and is accompanied on another all-terrain vehicle
23.11by a person 18 years of age or older who holds a valid driver's license.
23.12 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
23.13old, but less than 16 years old, must:
23.14 (1) successfully complete the safety education and training program under section
23.1584.925, subdivision 1
, including a riding component; and
23.16 (2) be able to properly reach and control the handle bars and reach the foot pegs
23.17while sitting upright on the seat of the all-terrain vehicle.
23.18 (e) A person at least 11 years of age may take the safety education and training
23.19program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
23.20the certificate is not valid until the person reaches age 12.
23.21 (f) A person at least ten years of age but under 12 years of age may operate an
23.22all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
23.23accompanied by a parent or legal guardian.
23.24 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
23.25 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
23.26lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
23.27control the handle bars and reach the foot pegs while sitting upright on the seat of the
23.28all-terrain vehicle.
23.29 Sec. 9. Minnesota Statutes 2006, section 85.011, is amended to read:
23.3085.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF
23.31STATE PARKS, MONUMENTS, STATE RECREATION RESERVES AREAS,
23.32AND WAYSIDES.
23.33 The legislature of this state has provided for the creation and establishment of
23.34state parks, designated
monuments, state recreation
reserves areas, and waysides for the
23.35purpose of conserving the scenery, natural and historic objects and wildlife and to provide
24.1for the enjoyment of the same in such manner and by such means as will leave them
24.2unimpaired for the enjoyment of future generations.
24.3 The establishment of such state parks, designated
monuments, state recreation
24.4reserves areas, and waysides is hereby confirmed as provided in this section and sections
24.585.012
and
85.013 and they shall remain perpetually dedicated for the use of the people of
24.6the state for park purposes.
24.7 The enumerated state parks,
state monuments, state recreation areas, and state
24.8waysides shall consist of the lands and other property authorized therefor before January
24.91, 1969, together with such other lands and properties as may be authorized therefor on
24.10or after January 1, 1969.
24.11 Sec. 10. Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read:
24.12 Subd. 28. Interstate
State Park, Chisago County, which is hereby renamed from
24.13Dalles of Saint Croix State Park.
24.14 Sec. 11. Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read:
24.15 Subd. 49a.
St. Croix Wild River State Park, Chisago County.
24.16 Sec. 12. Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read:
24.17 Subdivision 1.
Names, acquisition; administration. (a) Designated
monuments,
24.18recreation reserves
, and waysides heretofore established and hereby confirmed as
state
24.19monuments, state recreation areas and state waysides together with the counties in which
24.20they are situated are listed in this section and shall hereafter be named as indicated
24.21in this section.
24.22 (b) Any land that now is or hereafter becomes tax-forfeited land and is located
24.23within the described boundaries of a state recreation area as defined by session laws is
24.24hereby withdrawn from sale and is transferred from the custody, control, and supervision
24.25of the county board of the county to the commissioner of natural resources, free from
24.26any trust in favor of the interested taxing districts. The commissioner shall execute a
24.27certificate of acceptance of the lands on behalf of the state for such purposes and transmit
24.28the same to the county auditor of the county for record as provided by law in the case
24.29of tax-forfeited land transferred to the commissioner by resolution of the county board
24.30for conservation purposes.
24.31 Sec. 13. Minnesota Statutes 2006, section 85.054, subdivision 3, is amended to read:
24.32 Subd. 3.
Interstate State Park. A Minnesota state park permit is not required at
24.33Interstate
State Park if a valid, current, Wisconsin state park permit or sticker authorizing
25.1entry of a motor vehicle into Wisconsin state parks is appropriately displayed on the
25.2vehicle and the commissioner has entered into an agreement with appropriate officials
25.3of the state of Wisconsin that authorizes motor vehicles displaying Minnesota state park
25.4permits free entry into Interstate State Park of Wisconsin on a reciprocal basis.
25.5 Sec. 14. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
25.6to read:
25.7 Subd. 14. Grand Portage State Park. A state park permit is not required and a fee
25.8may not be charged for motor vehicle entry or parking at the Class 1 highway rest area
25.9parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand
25.10Portage State Park.
25.11 Sec. 15. Minnesota Statutes 2006, section 86B.401, subdivision 2, is amended to read:
25.12 Subd. 2.
Temporary certificate. A person who applies for a watercraft license may
25.13be issued a temporary license certificate to operate the watercraft. The temporary license
25.14certificate is valid for
the period of time specified by the commissioner 21 days.
25.15 Sec. 16. Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read:
25.16 Subd. 2.
Not to be left burning. Every person who starts
or maintains a campfire
25.17shall
:
25.18 (1) exercise every reasonable precaution to prevent the campfire from spreading
25.19and shall;
25.20 (2) before lighting the campfire
, clear the ground of all combustible material
within
25.21a radius of five feet from the base of the campfire
. The person lighting the campfire shall;
25.22 (3) remain with the campfire at all times
; and
shall
25.23 (4) before leaving the site
, completely extinguish the campfire.
25.24 Sec. 17. Minnesota Statutes 2006, section 89.715, is amended to read:
25.2589.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
25.26 Subdivision 1.
Authorization. The commissioner may adopt a
recorded state forest
25.27road map under this section to record the department's state forest road prescriptive
25.28easements. For purposes of this section, "
recorded state forest road map" means the
25.29official map of state forest roads
adopted by the commissioner.
25.30 Subd. 2.
Map requirements. The
recorded state forest road map must:
25.31 (1) show state forest roads at the time the map is adopted;
25.32 (2) be prepared at a scale
of at least four inches equals one mile compliant with
25.33county recorder standards;
26.1 (3) include section numbers;
26.2 (4) include a north point arrow;
26.3 (5) include the name of the county and state;
26.4 (6) include a blank and a description under the blank for the date of public hearing
26.5and date of adoption;
26.6 (7) include blanks for signatures and dates of signatures for the commissioner; and
26.7 (8) include a list of legal descriptions of all parcels crossed by state forest road
26.8prescriptive easements.
26.9 Subd. 3.
Procedure to adopt map. (a) The commissioner must prepare an official
26.10map for each county or smaller geographic area as determined by the commissioner as
26.11provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
26.12a
recorded state forest road map to record roads.
26.13 (b) The hearing notice must state that the roads to be recorded will be to the width of
26.14the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
26.15otherwise specified in a prior easement of record. The hearing notice must be published
26.16once a week for two successive weeks in a qualified newspaper of general circulation that
26.17serves the county or smaller geographic areas as determined by the commissioner, the last
26.18publication to be made at least ten days before the date of the public hearing. At least 30
26.19days before the hearing, the hearing notice must be sent by certified mail to the property
26.20owners directly affected in the county or smaller geographic areas as determined by the
26.21commissioner at the addresses listed on the tax assessment notices at least seven days
26.22before appearing in the qualified newspaper. The hearing notice may be sent with the tax
26.23assessment, but all additional costs incurred shall be billed to the department.
26.24 (c) After the public hearing is held, the commissioner may amend and adopt the
26.25recorded state forest road map. The
recorded adopted state forest road map must be dated
26.26and signed by the commissioner and must be
recorded filed for recording with the county
26.27recorder within 90 days after the map is adopted.
The map is effective when filed with
26.28the county recorder.
26.29 (d) The
recorded state forest road map that is recorded with the county recorder must
26.30comply with the standards of the county recorder where the state forest roads are located.
26.31 (e) A
recorded state forest road map that was prepared by using aerial photographs
26.32to establish road centerlines and that has been duly recorded with the county recorder is an
26.33adequate description for purposes of recording road easements and the map is the legally
26.34constituted description and prevails when a deed for a parcel abutting a road contains
26.35no reference to a road easement. Nothing prevents the commissioner from accepting a
26.36more definitive metes and bounds or survey description of a road easement for a road of
27.1record if the description of the easement is referenced to equal distance on both sides
27.2of the existing road centerline.
27.3 (f) The commissioner shall consult with representatives of county land
27.4commissioners, county auditors, county recorders, and Torrens examiners in implementing
27.5this subdivision.
27.6 Subd. 4.
Appeal. (a)
Before filing an appeal under paragraph (b), a person may
27.7seek resolution of concerns regarding a decision to record a road under this section by
27.8contacting the commissioner in writing.
27.9 (b) A person may appeal a decision to record or exclude recording a road under this
27.10section to the district court within 120 days after the date the commissioner adopts the
27.11state forest road map. Appeals may be filed only by property owners who are directly
27.12affected by a proposed map designation and only for those portions of the map designation
27.13that directly affect them.
27.14 (b) A property owner may appeal the map designation to the commissioner within 60
27.15days of the map being recorded by filing a written request for review. The commissioner
27.16shall review the request and any supporting evidence and render a decision within 45
27.17days of receipt of the request for review.
27.18 (c) If a property owner wishes to appeal a decision of the commissioner after review
27.19under paragraph (b), the property owner must file an appeal with the district court within
27.2060 days of the commissioner's decision.
27.21 (d) If any portion of a map appealed under paragraph (b) is modified or found to be
27.22invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
27.23shall not be affected and its recording with the county recorder shall stand.
27.24 Subd. 5.
Unrecorded road or trail not affected. This section does not affect or
27.25diminish the legal status or state obligations of roads and trails not shown on the
recorded
27.26state forest road map.
27.27 Subd. 6.
Exemption. Adoption of a
recorded state forest road map under this
27.28section is exempt from the rulemaking requirements of chapter 14 and section
14.386
27.29does not apply.
27.30 Sec. 18. Minnesota Statutes 2006, section 93.481, is amended by adding a subdivision
27.31to read:
27.32 Subd. 7. Fee. A permittee issued a permit under this section for a ferrous mining
27.33operation shall pay an administrative fee. The fee shall be $.005 per ton of gross natural
27.34tons of taconite pellets produced by the permittee in the calendar year. The fee shall be
27.35paid to the commissioner by June 30 of the following year.
28.1EFFECTIVE DATE.This section is effective the day following final enactment
28.2and applies to the gross natural tons of taconite pellets produced in calendar year 2007
28.3and payable June 30, 2008 and thereafter.
28.4 Sec. 19. Minnesota Statutes 2006, section 93.481, is amended by adding a subdivision
28.5to read:
28.6 Subd. 8. Mining administration account. The mining administration account
28.7is established as an account in the natural resources fund. The fees collected under
28.8subdivision 7, shall be credited to the account and may be appropriated to the
28.9commissioner to cover the costs of providing and monitoring permits to mine ferrous
28.10metals under this section.
28.11 Sec. 20. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:
28.12 Subd. 4b.
Citizen oversight subcommittees. (a) The commissioner shall appoint
28.13subcommittees of affected persons to review the reports prepared under subdivision 4;
28.14review the proposed work plans and budgets for the coming year; propose changes
28.15in policies, activities, and revenue enhancements or reductions; review other relevant
28.16information; and make recommendations to the legislature and the commissioner for
28.17improvements in the management and use of money in the game and fish fund.
28.18 (b) The commissioner shall appoint the following subcommittees, each comprised
28.19of at least three affected persons:
28.20 (1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
28.21activities related to trout and salmon stamp funding;
28.22 (2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
28.23activities related to migratory waterfowl, pheasant, and turkey stamp funding and
28.24excluding review of the amounts available under section
97A.075, subdivision 1,
28.25paragraphs (b) and (c);
28.26 (3) a Big Game Subcommittee to review the report required in subdivision 4,
28.27paragraph (a), clause (2);
28.28 (4) an Ecological
Services Operations Resources Subcommittee to review ecological
28.29services funding;
28.30 (5) a subcommittee to review game and fish fund funding of enforcement
, support
28.31services, and Department of Natural Resources administration and operations support;
28.32 (6) a subcommittee to review the trout and salmon stamp report and address funding
28.33issues related to trout and salmon;
28.34 (7) a subcommittee to review the report on the migratory waterfowl stamp and
28.35address funding issues related to migratory waterfowl;
29.1 (8) a subcommittee to review the report on the pheasant stamp and address funding
29.2issues related to pheasants; and
29.3 (9) a subcommittee to review the report on the turkey stamp and address funding
29.4issues related to wild turkeys.
29.5 (c) The chairs of each of the subcommittees shall form a Budgetary Oversight
29.6Committee to coordinate the integration of the subcommittee reports into an annual
29.7report to the legislature; recommend changes on a broad level in policies, activities, and
29.8revenue enhancements or reductions; provide a forum to address issues that transcend the
29.9subcommittees; and submit a report for any subcommittee that fails to submit its report
29.10in a timely manner.
29.11 (d) The Budgetary Oversight Committee shall develop recommendations for a
29.12biennial budget plan and report for expenditures on game and fish activities. By August 15
29.13of each even-numbered year, the committee shall submit the budget plan recommendations
29.14to the commissioner and to the senate and house committees with jurisdiction over natural
29.15resources finance.
29.16 (e) Each subcommittee shall choose its own chair, except that the chair of the
29.17Budgetary Oversight Committee shall be appointed by the commissioner and may not
29.18be the chair of any of the subcommittees.
29.19 (f) The Budgetary Oversight Committee must make recommendations to the
29.20commissioner and to the senate and house committees with jurisdiction over natural
29.21resources finance for outcome goals from expenditures.
29.22 (g) Notwithstanding section
15.059, subdivision 5, or other law to the contrary, the
29.23Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.
29.24 Sec. 21. Minnesota Statutes 2006, section 97A.141, subdivision 1, is amended to read:
29.25 Subdivision 1.
Acquisition; generally. The commissioner shall acquire access sites
29.26adjacent to public waters and easements and rights-of-way necessary to connect the access
29.27sites with public highways. The land may be acquired by gift, lease, or purchase, or by
29.28condemnation with approval of the Executive Council.
An access site may not exceed
29.29seven acres and may only be acquired where access is inadequate.
29.30 Sec. 22. Minnesota Statutes 2006, section 103A.43, is amended to read:
29.31103A.43 WATER ASSESSMENTS AND REPORTS.
29.32 (a) The Environmental Quality Board shall evaluate and report to the house of
29.33representatives and senate committees with jurisdiction over the environment, natural
29.34resources, and agriculture and the Legislative-Citizen Commission on Minnesota
30.1Resources on statewide water research needs and recommended priorities for addressing
30.2these needs. Local water research needs may also be included.
30.3 (b) The Environmental Quality Board shall work with the Pollution Control Agency
30.4and the Department of Agriculture to coordinate a biennial assessment and analysis of
30.5water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize,
30.6and eliminate degradation of water. The assessment and analysis must include an analysis
30.7of relevant monitoring data.
30.8 (c) The Environmental Quality Board shall work with the Department of Natural
30.9Resources to coordinate an assessment and analysis of the quantity of surface and ground
30.10water in the state and the availability of water to meet the state's needs.
30.11 (d) (c) The Environmental Quality Board shall coordinate and submit a report
30.12on water policy including the analyses in paragraphs (a)
to (c) and (b) to the house of
30.13representatives and senate committees with jurisdiction over the environment, natural
30.14resources, and agriculture and the Legislative-Citizen Commission on Minnesota
30.15Resources by September 15 of each even-numbered year. The report may include the
30.16groundwater policy report in section
103A.204.
30.17 Sec. 23. Minnesota Statutes 2007 Supplement, section 103G.291, subdivision 3,
30.18is amended to read:
30.19 Subd. 3.
Water supply plans; demand reduction. (a) Every public water supplier
30.20serving more than 1,000 people must submit a water supply plan to the commissioner
30.21for approval by January 1, 1996. In accordance with guidelines developed by the
30.22commissioner, the plan must address projected demands, adequacy of the water supply
30.23system and planned improvements, existing and future water sources, natural resource
30.24impacts or limitations, emergency preparedness, water conservation, supply and demand
30.25reduction measures, and allocation priorities that are consistent with section
103G.261.
30.26Public water suppliers must update their plan and, upon notification, submit it to the
30.27commissioner for approval every ten years.
30.28 (b) The water supply plan in paragraph (a) is required for all communities in the
30.29metropolitan area, as defined in section
473.121, with a municipal water supply system
30.30and is a required element of the local comprehensive plan required under section
473.859.
30.31Water supply plans or updates submitted after December 31, 2008, must be consistent
30.32with the metropolitan area master water supply plan required under section
473.1565,
30.33subdivision 1, paragraph (a), clause (2).
30.34 (c) Public water suppliers serving more than 1,000 people must employ water
30.35use demand reduction measures
, including a conservation rate structure, as defined in
31.1subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), before
31.2requesting approval from the commissioner of health under section
144.383, paragraph
31.3(a)
, to construct a public water supply well or requesting an increase in the authorized
31.4volume of appropriation. Demand reduction measures must include evaluation of
31.5conservation rate structures and a public education program that may include a toilet
31.6and showerhead retrofit program.
31.7 (d) Public water suppliers serving more than 1,000 people must submit records
31.8that indicate the number of connections and amount of use by customer category and
31.9volume of water unaccounted for with the annual report of water use required under
31.10section
103G.281, subdivision 3.
31.11 (e) For the purposes of this
subdivision section, "public water supplier" means
31.12an entity that owns, manages, or operates a public water supply, as defined in section
31.13144.382, subdivision 4
.
31.14 Sec. 24. Minnesota Statutes 2006, section 103G.291, is amended by adding a
31.15subdivision to read:
31.16 Subd. 4. Conservation rate structure required. (a) For the purposes of this
31.17section, "conservation rate structure" means a rate structure that encourages conservation
31.18by increasing the rate the higher the level of use or during certain time periods and may
31.19include increasing block rates, seasonal rates, time of use rates, individualized goal rates,
31.20or excess use rates. The rate structure must consider each residential unit as an individual
31.21user in multiple-family dwellings.
31.22 (b) To encourage conservation, a public water supplier serving more than 1,000
31.23people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
31.24a conservation rate structure by January 1, 2010. All remaining public water suppliers
31.25serving more than 1,000 people shall use a conservation rate structure by January 1, 2013.
31.26 (c) A public water supplier without the proper measuring equipment to track the
31.27amount of water used by its users, as of the effective date of this act, is exempt from
31.28this subdivision and the conservation rate structure requirement under subdivision 3,
31.29paragraph (c).
31.30 Sec. 25. Minnesota Statutes 2006, section 103G.615, subdivision 2, is amended to read:
31.31 Subd. 2.
Fees. (a) The commissioner shall establish a fee schedule for permits to
31.32control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
31.33section
16A.1283 does not apply. The fees
may not exceed $750 per permit shall be based
31.34upon the cost of receiving, processing, analyzing, and issuing the permit, and additional
32.1costs incurred after the application to inspect and monitor the activities authorized by the
32.2permit, and enforce aquatic plant management rules and permit requirements.
32.3 (b) The fee for a permit for the control of rooted aquatic vegetation is $35 for each
32.4contiguous parcel of shoreline owned by an owner. This fee may not be charged for
32.5permits issued in connection with purple loosestrife control or lakewide Eurasian water
32.6milfoil control programs.
32.7 (c) A fee may not be charged to the state or a federal governmental agency applying
32.8for a permit.
32.9 (d) The money received for the permits under this subdivision shall be deposited in
32.10the treasury and credited to the water recreation account.
32.11 Sec. 26.
[115A.9175] LANDFILL; SITING.
32.12 (a) In order to reduce potential future remediation costs, and to protect groundwater,
32.13an applicant for a permit for a disposal facility that was not in operation prior to March
32.141, 2008, that accepts mixed municipal solid waste, ash, industrial waste, or construction
32.15and demolition waste for disposal must submit as part of the application the results of an
32.16independent laboratory analysis for major cations and anions and for enriched tritium in
32.17water samples taken from an upgradient and downgradient well finished in the uppermost
32.18unconsolidated aquifer encountered, and an upgradient and downgradient well finished
32.19in the uppermost bedrock aquifer at the site. If 150 feet of continuous non-aquifer
32.20material is encountered above the bedrock, testing of bedrock wells is not required. If
32.21no unconsolidated or bedrock aquifers are found within the first 150 feet at the site, no
32.22cation, anion, or tritium testing is required.
32.23 (b) The commissioner may not issue a disposal facility permit to an applicant whose
32.24test results for tritium required in paragraph (a) report concentrations of 5 tritium units or
32.25greater in any well tested, except as provided in paragraph (c).
32.26 (c) If test results report concentrations of 5 enriched tritium units or greater
32.27for any well, an applicant may present to the commissioner reasons, and supporting
32.28documentation, why the tritium test results may not indicate that the site is highly
32.29sensitive to groundwater contamination at the site. If the commissioner determines
32.30that the applicant's reasons and supporting documentation are scientifically valid, the
32.31commissioner shall specify additional testing of groundwater samples from the site that
32.32will allow a better estimate to be made of the sensitivity of groundwater contamination
32.33at the site. If, after reviewing the tritium test results, the additional testing data, and
32.34any other data pertaining to the site's susceptibility to groundwater contamination,
32.35the commissioner determines that the conclusion that the site is not highly sensitive to
32.36groundwater contamination is supported by a preponderance of the scientifically valid
33.1evidence available, the commissioner may issue the permit. For the purposes of this
33.2section, "highly sensitive to groundwater contamination" means that the travel time of
33.3water from the land surface to the water table or bedrock is less than 20 years.
33.4 (d) Beginning July 1, 2010, and every two years thereafter, the commissioner must
33.5review air sampling of the atmospheric concentration of tritium and adjust the tritium
33.6concentration threshold in paragraph (b) to a level no greater than one-half the average
33.7concentration of tritium in the atmosphere in this state.
33.8 (e) Paragraphs (a) to (d) do not apply to an application for a permit to expand,
33.9including a noncontiguous expansion of a facility, or modify the type of waste accepted at
33.10an existing disposal facility operating as of March 1, 2008.
33.11 (f) Minnesota Rules chapter 7035.2815 apply to a disposal facility accepting
33.12industrial waste.
33.13EFFECTIVE DATE.This section is effective the day following final enactment.
33.14 Sec. 27.
RULES.
33.15 The commissioner of natural resources shall adopt rules to implement the changes in
33.16law made in sections 3 to 7, and 15. The initial rules required by this section are exempt
33.17from the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject
33.18to Minnesota Statutes, section 14.386, except that notwithstanding Minnesota Statutes,
33.19section 14.386, paragraph (b), the rules continue in effect until repealed or superseded
33.20by other law or rule.
33.21 Sec. 28.
REPEALER.
33.22Minnesota Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b;
33.23and 97A.141, subdivision 2, and Laws 1989, chapter 335, article 1, section 21, subdivision
33.248, as amended by Laws 2002, chapter 323, section 19, are repealed."
33.25Delete the title and insert:
33.27relating to environment and natural resources; appropriating money for
33.28environment and natural resources; modifying aquatic farm fees; providing
33.29a uniform expiration date for snowmobile registrations and trail stickers;
33.30extending effective period of temporary permits for snowmobiles, off-highway
33.31motorcycles, all-terrain vehicles, and watercraft; modifying temporary permit
33.32information requirements for snowmobiles; modifying monument designation
33.33authority; modifying state park names; modifying state park permit requirements;
33.34modifying requirements for youth operation of all-terrain vehicles; modifying
33.35campfire provisions; modifying requirements for alternative recording for state
33.36forest roads; modifying public water access site acquisition authority; eliminating
33.37certain finance report requirements; making technical corrections; modifying
33.38certain assessment requirements; establishing a mining administration account;
33.39establishing mining permit fees; modifying aquatic plant management permit
33.40fees; requiring conservation rate structures; and prohibiting siting of solid waste
34.1disposal facilities in certain areas;amending Minnesota Statutes 2006, sections
34.217.4988, subdivisions 2, 3; 84.788, subdivision 3; 84.82, subdivision 2, by adding
34.3a subdivision; 84.922, subdivision 2; 84.9256, subdivision 1; 85.011; 85.012,
34.4subdivisions 28, 49a; 85.013, subdivision 1; 85.054, subdivision 3, by adding a
34.5subdivision; 86B.401, subdivision 2; 88.15, subdivision 2; 89.715; 93.481, by
34.6adding subdivisions; 97A.055, subdivision 4b; 97A.141, subdivision 1; 103A.43;
34.7103G.291, by adding a subdivision; 103G.615, subdivision 2; Minnesota Statutes
34.82007 Supplement, sections 84.8205, subdivision 1; 103G.291, subdivision 3;
34.9Laws 2007, chapter 57, article 1, section 4, subdivisions 3, 4, 6; proposing
34.10coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota
34.11Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b; 97A.141,
34.12subdivision 2; Laws 1989, chapter 335, article 1, section 21, subdivision 8, as
34.13amended."