STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FORTY-SIXTH DAY
Saint Paul, Minnesota, Tuesday, April 26, 2005
The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Frank
Wilson, St. John the Evangelist Episcopal Church, St. Paul, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Nelson, P., and Ozment were excused.
Hilty was excused until 12:55 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Soderstrom moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 493 and H. F. No. 399,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Peterson, A., moved that the rules be so far suspended that
S. F. No. 493 be substituted for H. F. No. 399
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1335 and
H. F. No. 1460, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Beard moved that the rules be so far suspended that
S. F. No. 1335 be substituted for H. F. No. 1460
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 902, A bill for an act relating to natural resources;
modifying limit on gifts to the public; modifying state park permit provisions;
providing for disposition of certain fees; appropriating money; amending
Minnesota Statutes 2004, sections 84.027, subdivision 12; 85.052, subdivision
4; 85.053, subdivisions 1, 2; 85.055, subdivision 2, by adding a subdivision;
repealing Minnesota Statutes 2004, section 85.054, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS
OPTION
B
Section 1. [ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this article, to be available for the fiscal
years indicated for each purpose. The
figures "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. The term "the first year" means
the year ending June 30, 2006, and the term "the second year" means
the year ending June 30, 2007.
SUMMARY
BY FUND
2006 2007 TOTAL
General $110,654,000 $110,655,000 $221,309,000
State Government Special
Revenue 48,000 48,000
96,000
Environmental 56,663,000 56,970,000
113,633,000
Natural Resources 66,147,000 66,412,000
132,559,000
Game and Fish 84,857,000 86,629,000
171,486,000
Remediation 11,503,000 11,503,000
23,006,000
Permanent School 350,000 350,000 700,000
State Land and Water
Conservation Account (LAWCON)
1,600,000 -0- 1,600,000
Environment and Natural
Resources Trust Fund 18,829,000 18,829,000 37,658,000
Great Lakes Protection
Account 28,000 -0-
28,000
TOTAL $350,679,000
$351,396,000 $702,075,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec.
2. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subdivision 1. Total
Appropriation $79,278,000
$79,585,000
Summary by Fund
General 11,164,000 11,164,000
State Government Special
Revenue 48,000 48,000
Environmental 56,663,000 56,970,000
Remediation 11,403,000 11,403,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 2. Water
25,872,000 25,872,000
Summary by Fund
General 7,317,000
7,317,000
State Government Special
Revenue 48,000 48,000
Environmental 18,507,000 18,507,000
$2,348,000 the first year and $2,348,000 the
second year are for the clean water partnership program. Any balance remaining in the first year does
not cancel and is available for the second year. This appropriation may be used for grants to local units of
government for the purpose of restoring impaired waters listed under section
303(d) of the federal Clean Water Act in accordance with adopted total maximum
daily loads (TMDLs), including implementation of approved clean water
partnership diagnostic study work plans that will assist in restoration of such
impaired waters.
$335,000 the first year and $335,000 the
second year are for community technical assistance and education, including
grants and technical assistance to communities for local and basinwide water
quality protection.
$405,000 the first year and $405,000 the
second year are for individual sewage treatment system (ISTS) administration
and grants. Of this amount, $86,000
each year is for assistance to counties through grants for ISTS program
administration. Any unexpended balance
in the first year does not cancel but is available in the second year.
$480,000 the first year and $480,000 the
second year are from the environmental fund to address the need for continued
increased activity in the areas of new technology review, technical assistance
for local governments, and enforcement under Minnesota Statutes, sections
115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128,
article 1, sections 164 and 165. Of
this amount, $48,000 each year is for administration of individual septic tank
fees, as provided in this article.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$2,324,000 the first year and $2,324,000 the
second year must be distributed as grants to delegated counties to administer
the county feedlot program.
Distribution of the funds must be conducted according to the following
three-part formula:
(1) Number of feedlots in the county: 60
percent of the total appropriation must be distributed according to the number
of feedlots that are required to be registered in the county. Grants awarded under this clause must be
matched with a combination of local cash and in-kind contributions.
(2) Minimum program requirements: 25 percent of the total appropriation must
be distributed based on the county (i) conducting an annual number of
inspections at feedlots that is equal to or greater than seven percent of the
total number of registered feedlots that are required to be registered in the
county; and (ii) meeting noninspection minimum program requirements as
identified in the county feedlot workplan form. Counties that do not meet the inspection requirement must not
receive 50 percent of the eligible funding under this clause. Counties must receive funding for
noninspection requirements under this clause according to a scoring system checklist
administered by the department. The
commissioner, in consultation with the Minnesota Association of County Feedlot
Officers executive team, shall make a final decision regarding any appeal by a
county regarding the terms and conditions of this clause.
(3) Performance credits: 15 percent of the total appropriation must
be distributed according to work that has been done by the counties during the
fiscal year. The amount must be
determined by the number of performance credits a county accumulates during the
year based on a performance credit matrix jointly agreed upon by the
commissioner in consultation with the Minnesota Association of County Feedlot
Officers executive team. To receive an
award under this clause the county must meet the requirements of clause (2)(i)
and achieve 90 percent of the requirements according to clause (2)(ii) of the
formula. The rate of reimbursement per
performance credit item must not exceed $200.
Delegated counties are eligible for a minimum
grant of $7,500. To receive the full
$7,500 amount a county must meet the requirements under clause (2) of the
formula. Nondelegated counties that
apply for delegation shall receive a grant prorated according to the number of
full quarters remaining in the program year
from the date of commissioner approval of the delegation. Funds for awards to any newly delegated counties must be made
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
out of the appropriation reserved for clause
(3) of the formula. The commissioner,
in consultation with the Minnesota Association of County Feedlot Officers
executive team, may decide to use funds reserved for clause (3) of the formula
in an amount not to exceed five percent of the total annual appropriation for
initiatives to enhance existing delegated county feedlot programs, information
and education, or technical assistance efforts to reduce feedlot-related
pollution hazards. Any funds remaining
after distribution under clauses (1) and (2) of the formula must be transferred
to clause (3) of the formula. Any money
remaining after the first year is available for the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2007, for clean water partnership, individual sewage treatment systems (ISTS),
Minnesota River, total maximum daily loads (TMDLs), and local and basinwide
water quality protection grants in this subdivision are available until June
30, 2009.
Subd. 3. Air
9,297,000 9,604,000
Summary by Fund
Environmental 9,297,000
9,604,000
Up to $150,000 the first year and $150,000
the second year may be transferred to the environmental fund for the small
business environmental improvement loan program established in Minnesota
Statutes, section 116.993.
$200,000 the first year and $200,000 the
second year are from the environmental fund for a monitoring program under
Minnesota Statutes, section 116.454.
Subd. 4. Land
18,467,000 18,467,000
Summary by Fund
Environmental 7,064,000
7,064,000
Remediation 11,403,000 11,403,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
All money for environmental response,
compensation, and compliance in the remediation fund not otherwise appropriated
is appropriated to the commissioners of the Departments of Environmental
Protection and Agriculture for purposes of Minnesota Statutes, section 115B.20,
subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall
jointly submit an annual spending plan to the commissioner of finance that
maximizes the utilization of resources and appropriately allocates the money
between the two departments. This
appropriation is available until June 30, 2007.
$3,616,000 the first year and $3,616,000 the second
year are from the petroleum tank fund to be transferred to the remediation fund
for purposes of the leaking underground storage tank program to protect the
land.
$200,000 the first year and $200,000 the
second year are from the remediation fund to be transferred to the Department
of Health for private water supply monitoring and health assessment costs in
areas contaminated by unpermitted mixed municipal solid waste disposal
facilities.
Subd. 5. Multimedia
24,059,000 24,059,000
Summary by Fund
General 2,264,000
2,264,000
Environmental 21,795,000 21,795,000
$12,500,000 each year is from the
environmental fund for SCORE block grants to counties.
Any unencumbered grant and loan balances in
the first year do not cancel but are available for grants and loans in the
second year.
All money deposited in the environmental fund
for the metropolitan solid waste landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise appropriated, is appropriated to
the department for the purposes of Minnesota Statutes, section 473.844.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$119,000 the first year and $119,000 the
second year are for environmental assistance grants or loans under Minnesota Statutes,
section 115A.0716.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2007, for environmental assistance grants awarded under Minnesota Statutes,
section 115A.0716, and for technical and research assistance under Minnesota
Statutes, section 115A.152, technical assistance under Minnesota Statutes,
section 115A.52, and pollution prevention assistance under Minnesota Statutes,
section 115D.04, are available until June 30, 2009.
Subd. 6. Administrative
Support
1,583,000 1,583,000
Summary by Fund
General 1,583,000
1,583,000
Sec. 3. NATURAL
RESOURCES
Subdivision 1. Total
Appropriation 220,582,000
222,618,000
Summary by Fund
General 73,902,000 73,903,000
Natural Resources 61,373,000 61,636,000
Game and Fish 84,857,000 86,629,000
Remediation 100,000 100,000
Permanent School 350,000
350,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Land and
Mineral Resources Management
8,716,000 8,752,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 5,248,000
5,248,000
Natural Resources 2,122,000 2,122,000
Game and Fish 996,000
1,032,000
Permanent School 350,000
350,000
$275,000 the first year and $275,000 the
second year are for iron ore cooperative research, of which $137,500 the first
year and $137,500 the second year are available only as matched by $1 of
nonstate money for each $1 of state money.
The match may be cash or in-kind.
$86,000 the first year and $86,000 the second
year are for minerals cooperative environmental research, of which $43,000 the
first year and $43,000 the second year are available only as matched by $1 of
nonstate money for each $1 of state money.
The match may be cash or in-kind.
$1,946,000 the first year and $1,946,000 the
second year are from the minerals management account in the natural resources
fund for only the purposes specified in Minnesota Statutes, section 93.2236,
paragraph (c). Of this amount,
$1,526,000 the first year and $1,526,000 the second year are for mineral
resource management, $420,000 the first year and $420,000 the second year are
for projects to enhance future income and promote new opportunities, including
value-added iron products, geological mapping, and mercury research. The appropriation is from the revenue
deposited in the minerals management account under Minnesota Statutes, section
93.22, subdivision 1, paragraph (b).
$300,000 the first year and $300,000 the
second year are from the state forest suspense account in the permanent school
fund to accelerate land exchanges, land sales, and commercial leasing of school
trust lands. This appropriation is to
be used toward meeting the provisions of Minnesota Statutes, section 92.121, to
exchange school trust lands or put alternatives in effect when management
practices have diminished or prohibited revenue generation, and the direction
of Minnesota Statutes, section 127A.31, to secure maximum long-term economic
return from the school trust lands consistent with fiduciary responsibilities
and sound natural resources conservation and management principles.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$50,000 the first year and $50,000 the second
year are from the state forest suspense account in the permanent school fund to
identify, evaluate, and lease construction aggregate located on school trust
lands.
Subd. 3. Water
Resources Management
11,122,000 11,122,000
Summary by Fund
General 10,842,000 10,842,000
Natural Resources 280,000 280,000
Upon completion of the five-county North
Central Lakes Project and when funding becomes available, the commissioner
shall begin to update Minnesota Rules, chapter 6120, Shoreland Rules, using the
rulemaking process under Minnesota Statutes, section 14.389. Rules shall be updated to provide local
units of government and citizens adequate tools, direction, and oversight to
address current and future lake and river shoreland development issues
including, but not limited to: review
and update of shoreland zone; review and update of lake classification system;
individual classification and suitability of sensitive shoreland areas for
development and access; planned unit developments (PUDs); use of common access
lots by nonriparian and PUD owners; recreational use capacity of lakes; review
and update of shoreland management zones and corresponding lot dimensions; use
of technical evaluation panels to evaluate shoreland development; and
comprehensive lake management planning.
$210,000 the first year and $210,000 the
second year are for grants associated with the implementation of the Red River
mediation agreement.
$125,000 the first year and $125,000 the
second year are for the construction of ring dikes under Minnesota Statutes,
section 103F.161. The ring dikes may be
publicly or privately owned. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
Subd. 4. Forest
Management
34,063,000 34,063,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 24,098,000 24,098,000
Natural Resources 9,715,000 9,715,000
Game and Fish 250,000
250,000
$7,217,000 the first year and $7,217,000 the second
year are for prevention, presuppression, and suppression costs of emergency
firefighting and other costs incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of presuppression and suppression, the
amount necessary to pay for these costs during the biennium is appropriated
from the general fund. By November 15
of each year, the commissioner of natural resources shall submit a report to
the chairs of the house of representatives Ways and Means Committee, the senate
Finance Committee, the Environment and Agriculture Budget Division of the
senate Finance Committee, and the house of representatives Agriculture,
Environment and Natural Resources Finance Committee, identifying all
firefighting costs incurred and reimbursements received in the prior fiscal
year. These appropriations may not be
transferred. Any reimbursement of
firefighting expenditures made to the commissioner from any source other than
federal mobilizations shall be deposited into the general fund.
$9,715,000 the first year and $9,715,000 the second
year are from the forest management investment account in the natural resources
fund for only the purposes specified in Minnesota Statutes, section 89.039,
subdivision 2.
$517,000 the first year and $517,000 the second year
are for the Forest Resources Council for implementation of the Sustainable
Forest Resources Act.
$350,000 the first year and $350,000 the second year
are for the FORIST Timber Management Information System and for increased
forestry management. The amount in the
second year is also available in the first year.
$250,000 the first year and $250,000 the second year
are from the game and fish fund to implement Ecological Classification Systems
(ECS) standards on forested landscapes.
This appropriation is from revenue deposited in the game and fish
fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 5. Parks and
Recreation Management
32,615,000 32,703,000
Summary by Fund
General 19,279,000 19,279,000
Natural Resources 13,336,000 13,424,000
$640,000 the first year and $640,000 the
second year are from the water recreation account in the natural resources fund
for state park water access projects.
$3,725,000 the first year and $3,813,000 the
second year are from the natural resources fund for state park and recreation
area operations. This appropriation is
from the revenue deposited in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (2).
Subd. 6. Trails and
Waterways Management
25,598,000 25,750,000
Summary by Fund
General 1,284,000
1,284,000
Natural Resources 22,223,000 22,379,000
Game and Fish 2,091,000
2,087,000
$5,724,000 the first year and $5,724,000 the
second year are from the snowmobile trails and enforcement account in the
natural resources fund for snowmobile grants-in-aid. Any unencumbered balance does not cancel at the end of the first
year and is available for the second year.
$925,000 the first year and $825,000 the
second year are from the natural resources fund for off-highway vehicle
grants-in-aid. Of this amount, $575,000
each year is from the all-terrain vehicle account; $150,000 each year is from
the off-highway motorcycle account; and $200,000 the first year and $100,000
the second year are from the off-road vehicle account. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$261,000 the first year and $261,000 the
second year are from the water recreation account in the natural resources fund
for a safe harbor program on Lake Superior.
$742,000 the first year and $760,000 the
second year are from the natural resources fund for state trail
operations. This appropriation is from
the revenue deposited in the natural resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
$632,000 the first year and $645,000 the
second year are from the natural resources fund for trail grants to local units
of government on land to be maintained for at least 20 years for the purposes
of the grant. This appropriation is
from the revenue deposited in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (4).
$75,000 the first year is from the
all-terrain vehicle account in the natural resources fund for a study to
determine the amount of gasoline used each year by all-terrain vehicle riders
in the state. The commissioners of
natural resources, revenue, and transportation shall jointly determine the
amount of unrefunded gasoline tax attributable to all-terrain vehicle use in
the state and shall report to the legislature by March 1, 2006, with an
appropriate proposed revision to Minnesota Statutes, section 296A.18.
$50,000 is appropriated from the all-terrain
vehicle account in the natural resources fund to the commissioner of natural
resources for fiscal year 2006 to revise the Northshore Trail master plan for
use by all-terrain vehicles.
$2,250,000 the first year and $2,600,000 the
second year are from the public access account in the natural resources fund
for the acquisition, development, maintenance, and rehabilitation of sites for
public access and boating facilities on public waters.
Ninety percent of the money received for
watercraft licenses as a result of the fee increases contained in this act
shall be credited to a public access subaccount within the water recreation
account. Ten percent is for enforcement
purposes.
Subd. 7. Fish and
Wildlife Management
59,670,000 60,679,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 1,755,000
1,755,000
Natural Resources 1,542,000 1,542,000
Game and Fish 56,373,000 57,382,000
$407,000 the first year and $412,000 the
second year are for resource population surveys in the 1837 treaty area. Of this amount, $265,000 the first year and
$270,000 the second year are from the game and fish fund.
$7,233,000 the first year and $7,233,000 the
second year are from the heritage enhancement account in the game and fish fund
for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
Notwithstanding Minnesota Statutes, section
297A.94, this appropriation may be used for hunter recruitment and retention
and public land user facilities.
$1,030,000 the first year and $880,000 the
second year are from the trout and salmon management account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 3.
$1,411,000 the first year and $1,411,000 the
second year are from the deer habitat improvement account for only the purposes
specified in Minnesota Statutes, section 97A.075, subdivision 1, paragraph (b).
$397,000 the first year and $397,000 the
second year are from the deer and bear management account for only the purposes
specified in Minnesota Statutes, section
97A.075, subdivision 1, paragraph (c).
$851,000 the first year and $851,000 the
second year are from the waterfowl habitat improvement account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 2.
$890,000 the first year and $890,000 the
second year are from the pheasant habitat improvement account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 4.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$142,000 the first year and $142,000 the
second year are from the wild turkey management account for only the purposes
specified in Minnesota Statutes, section 97A.075, subdivision 5. Of this amount, $8,000 the first year and
$8,000 the second year are appropriated from the game and fish fund for
transfer to the wild turkey management account for purposes specified in
Minnesota Statutes, section 97A.075, subdivision 5.
$225,000 is from the revenue deposited to the
game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e),
clause (1), for a grant to "Let's Go Fishing" of Minnesota to promote
opportunities for fishing. The grant
recipient must report back to the commissioner by February 1, 2006, on the use
and results of the appropriation. This
is a onetime appropriation.
Subd. 8. Ecological
Services
10,084,000 10,149,000
Summary by Fund
General 3,140,000
3,141,000
Natural Resources 3,153,000 3,153,000
Game and Fish 3,791,000
3,855,000
$1,128,000 the first year and $1,128,000 the
second year are from the nongame wildlife management account in the natural
resources fund for the purpose of nongame wildlife management.
Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000 the second year may be used for
nongame information, education, and promotion.
$1,588,000 the first year and $1,588,000 the
second year are from the heritage enhancement account in the game and fish fund
for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). This
appropriation is from the revenue deposited in the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Subd. 9. Enforcement
29,397,000 29,982,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 3,356,000
3,356,000
Natural Resources 7,413,000 7,428,000
Game and Fish 18,528,000 19,098,000
Remediation 100,000 100,000
$1,082,000 the first year and $1,082,000 the
second year are from the water recreation account in the natural resources fund
for grants to counties for boat and water safety.
$100,000 the first year and $100,000 the
second year are from the remediation fund for solid waste enforcement
activities under Minnesota Statutes, section 116.073.
$315,000 the first year and $315,000 the
second year are from the snowmobile trails and enforcement account in the
natural resources fund for grants to local law enforcement agencies for
snowmobile enforcement activities.
The unexpended balance of money from Laws
1999, chapter 231, section 5, subdivision 6, must be credited to the snowmobile
trails and enforcement account and the appropriation for the repair of public
trails damaged by snowmobiles shall be canceled.
$1,164,000 the first year and $1,164,000 the
second year are from the heritage enhancement account in the game and fish fund
for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). This
appropriation is from the revenue deposited in the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Overtime must be distributed to conservation
officers at historical levels; however, a reasonable reduction or addition may
be made to the officer's allocation, if justified, based on an individual
officer's workload. If funding for
enforcement is reduced because of an unallotment, the overtime bank may be
reduced in proportion to reductions made in other areas of the budget.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$225,000 the first year and $225,000 the
second year are from the natural resources fund for grants to county law
enforcement agencies for off-highway vehicle enforcement and public education
activities based on off-highway vehicle use in the county. Of this amount, $213,000 each year is from
the all-terrain vehicle account; $11,000 each year is from the off-highway
motorcycle account; and $1,000 each year is from the off-road vehicle
account. The county enforcement
agencies may use money received under this appropriation to make grants to
other local enforcement agencies within the county that have a high concentration
of off-highway vehicle use. Of this
appropriation, $25,000 each year is for administration of these grants.
$200,000 the first year and $200,000 the
second year are from the natural resources fund for an off-highway vehicle
safety and conservation grant program.
Of this amount, $170,000 each year is from the all-terrain vehicle
account; $10,000 each year is from the off-highway motorcycle account; and
$20,000 each year is from the off-road vehicle account. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
$15,000 the first year is from the
off-highway motorcycle account in the natural resources fund to produce an
interactive CD-ROM training tool for the off-highway motorcycle education and
training program under Minnesota Statutes, section 84.791.
$15,000 the first year and $5,000 the second
year are from the off-road vehicle account in the natural resources fund to
establish the off-road vehicle environment and safety education and training
program under Minnesota Statutes, section 84.8015.
Subd. 10. Operations
Support
9,317,000 9,418,000
Summary by Fund
General 4,900,000
4,900,000
Natural Resources 1,589,000 1,593,000
Game and Fish 2,828,000
2,925,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$264,000 the first year and $268,000 the
second year are from the natural resources fund for grants to be divided
equally between the city of St. Paul for the Como Zoo and Conservatory and the
city of Duluth Zoo. This appropriation
is from the revenue deposited to the fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (5).
Sec. 4. MINNESOTA
CONSERVATION CORPS 840,000
840,000
Summary by Fund
General 350,000
350,000
Natural Resources 490,000 490,000
The Minnesota Conservation Corps may receive
money appropriated under this section only as provided in an agreement with the
commissioner of natural resources.
Sec. 5. BOARD OF WATER
AND SOIL RESOURCES 15,131,000 15,131,000
$4,102,000 the first year and $4,102,000 the
second year are for natural resources block grants to local governments.
The board may reduce the amount of the
natural resources block grant to a county by an amount equal to any reduction in
the county's general services allocation to a soil and water conservation
district from the county's previous year allocation when the board determines
that the reduction was disproportionate.
Grants must be matched with a combination of
local cash or in-kind contributions.
The base grant portion related to water planning must be matched by an
amount that would be raised by a levy under Minnesota Statutes, section
103B.3369.
$3,566,000 the first year and $3,566,000 the
second year are for grants to soil and water conservation districts for general
purposes, nonpoint engineering, and implementation of the reinvest in Minnesota
conservation reserve program. Upon
approval of the board, expenditures may be made from these appropriations for
supplies and services benefiting soil and water conservation districts.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$3,285,000 the first year and $3,285,000 the
second year are for grants to soil and water conservation districts for cost-sharing
contracts for erosion control and water quality management. For base grant allocations made prior to
January 1, 2007, up to 100 percent of this appropriation may be used for
technical assistance. Of this amount,
at least $1,500,000 the first year and $1,500,000 the second year are for
grants for cost-sharing contracts for water quality management on feedlots.
Any unencumbered balance in the board's
program of grants does not cancel at the end of the first year and is available
for the second year for the same grant program. This appropriation is available until expended. If the appropriation in either year is
insufficient, the appropriation in the other year is available for it.
Any balance in the board's cost share program
that remains from the fiscal year 2005 appropriation is available in an amount
of up to $15,000 for a grant to the Mower County Soil and Water Conservation
District to create a small pond demonstration project in the Cedar River
Watershed for purposes of water retention and flood control. The Mower County Soil and Water Conservation
District must seek other sources of funding, including federal and private
sources, to ensure that the demonstration project is educational and complete.
$100,000 the first year and $100,000 the
second year are for a grant to the Red River Basin Commission to develop a Red
River basin plan and to coordinate water management activities in the states
and provinces bordering the Red River.
The unencumbered balance in the first year does not cancel but is
available for the second year.
$105,000 the first year and $105,000 the
second year are for a grant to Area II, Minnesota River Basin Projects, Inc.,
for floodplain management, including administration of programs. If the appropriation in either year is
insufficient, the appropriation in the other year is available for it.
The board has authority to receive and expend
money to acquire conservation easements, as defined in Minnesota Statutes,
chapter 84C, on behalf of the state and federal government, consistent with the
Camp Ripley's Army Compatible Use Buffer Project.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
The board shall conduct an implementation
assessment of public drainage system buffers and their use, maintenance, and
benefits. The assessment must be done
in consultation with farm groups, watershed districts, soil and water
conservation districts, counties, and conservation organizations, as well as
federal agencies implementing voluntary buffer programs. The board shall report the results to the
senate and house of representatives committees with jurisdiction over drainage
systems by January 15, 2006.
Sec. 6. ZOOLOGICAL
BOARD 6,189,000 6,191,000
Summary by Fund
General 6,057,000
6,057,000
Natural Resources 132,000 134,000
$132,000 the first year and $134,000 the
second year are from the natural resources fund from the revenue deposited
under Minnesota Statutes, section 297A.94, paragraph (e), clause (5). This is a onetime appropriation.
Sec. 7. SCIENCE MUSEUM
OF MINNESOTA 750,000
750,000
Sec. 8. METROPOLITAN
COUNCIL 7,152,000
7,152,000
Summary by Fund
General 3,300,000
3,300,000
Natural Resources 4,152,000 4,152,000
$3,300,000 the first year and $3,300,000 the
second year are for metropolitan area regional parks maintenance and
operations.
$4,152,000 the first year and $4,152,000 the
second year are from the natural resources fund for metropolitan area regional
parks and trails maintenance and operations.
This appropriation is from the revenue deposited in the natural
resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause
(3).
Sec. 9. MINNESOTA
FUTURE RESOURCES FUND
By June 30, 2006, and by June 30, 2007, the
commissioner of finance shall transfer any remaining unappropriated balance
from the Minnesota future resources fund to the general fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 10. MINNESOTA
RESOURCES
Subdivision 1. Total
Appropriation $20,457,000
$18,829,000
Summary by Fund
State Land and Water
Conservation Account (LAWCON)
1,600,000 -0-
Environment and Natural
Resources Trust Fund
18,829,000 18,829,000
Great Lakes Protection
Account
28,000 -0-
Appropriations from the LAWCON account and
Great Lakes protection account are available for either year of the biennium.
For appropriations from the environment and
natural resources trust fund, any unencumbered balance remaining in the first
year does not cancel and is available for the second year of the biennium. Unless otherwise provided, the amounts in
this section are available until June 30, 2007, when projects must be completed
and final products delivered.
Subd.
2. Definitions
(a) "State Land and Water Conservation
Account (LAWCON)" means the state land and water conservation account in
the natural resources fund referred to in Minnesota Statutes, section 116P.14.
(b) "Great Lakes Protection
Account" means the Great Lakes protection account referred to in Minnesota
Statutes, section 116Q.02, subdivision 1.
(c) "Trust fund" means the
Minnesota environment and natural resources trust fund referred to in Minnesota
Statutes, section 116P.02, subdivision 6.
Subd. 3. Administration
524,000 525,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
Trust Fund 524,000 525,000
(a) Legislative Commission
on Minnesota Resources 899,000
$449,000 the first year and $450,000 the
second year are from the trust fund for administration as provided in Minnesota
Statutes, section 116P.09, subdivision 5.
(b) Contract Administration 150,000
$75,000 the first year and $75,000 the second
year are from the trust fund to the commissioner of natural resources for
contract administration activities assigned to the commissioner in this
section. This appropriation is
available until June 30, 2008.
Subd. 4. Citizen
Advisory Committee 10,000 10,000
Summary by Fund
Trust Fund 10,000
10,000
$10,000 the first year and $10,000 the second
year are from the trust fund to the Legislative Commission on Minnesota
Resources for expenses of the citizen advisory committee as provided in
Minnesota Statutes, section 116P.06. Notwithstanding
Minnesota Statutes, section 16A.281, the availability of $15,000 of the
appropriation from Laws 2003, chapter 128, article 1, section 9, subdivision 4,
advisory committee, is extended to June 30, 2007.
Subd. 5. Fish and
Wildlife Habitat 5,038,000 5,038,000
Summary by Fund
Trust Fund 5,038,000 5,038,000
(a) Restoring Minnesota's Fish and Wildlife
Habitat Corridors-Phase III 4,062,000
$2,031,000 the first year and $2,031,000 the
second year are from the trust fund to the commissioner of natural resources
for the third biennium for acceleration of agency programs and cooperative
agreements with Pheasants Forever, Minnesota Deer Hunters Association, Ducks
Unlimited, Inc., National Wild Turkey Federation, the Nature Conservancy, Minnesota
Land Trust, the
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Trust for Public Land, Minnesota Valley
National Wildlife Refuge Trust, Inc., U.S. Fish and Wildlife Service, Red Lake
Band of Chippewa, Leech Lake Band of Chippewa, Fond du Lac Band of Chippewa,
USDA-Natural Resources Conservation Service, and the Board of Water and Soil
Resources to plan, restore, and acquire fragmented landscape corridors that
connect areas of quality habitat to sustain fish, wildlife, and plants. Expenditures are limited to the 11 project
areas as defined in the work program.
Land acquired with this appropriation must be sufficiently improved to
meet at least minimum habitat and facility management standards as determined
by the commissioner of natural resources.
This appropriation may not be used for the purchase of residential
structures, unless expressly approved in the work program. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated: (1) as an outdoor
recreation unit under Minnesota Statutes, section 86A.07; or (2) as provided in
Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101;
97A.125; 97C.001; and 97C.011. The
commissioner may similarly designate any lands acquired in less than fee
title. This appropriation is available
until June 30, 2008, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(b) Metropolitan Area
Wildlife Corridors-Phase II 3,530,000
$1,765,000 the first year and $1,765,000 the
second year are from the trust fund to the commissioner of natural resources
for the second biennium for acceleration of agency programs and cooperative
agreements with the Trust for Public Land, Ducks Unlimited, Inc., Friends of
the Mississippi River, Great River Greening, Minnesota Land Trust, Minnesota
Valley National Wildlife Refuge Trust, Inc., Pheasants Forever, Inc., and
Friends of the Minnesota Valley for the purposes of planning, improving, and
protecting important natural areas in the metropolitan region, as defined by
Minnesota Statutes, section 473.121, subdivision 2, and portions of the
surrounding counties, through grants, contracted services, conservation
easements, and fee acquisition. Land
acquired with this appropriation must be sufficiently improved to meet at least
minimum management standards as determined by the commissioner of natural
resources. Expenditures are limited to
the identified project areas as defined in the work program. This appropriation may not be used for the
purchase of residential structures, unless expressly approved in the work
program. Any land acquired in fee title
by the commissioner of natural resources with
money from this appropriation must be designated: (1) as an
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
outdoor recreation unit under Minnesota
Statutes, section 86A.07; or (2) as provided in Minnesota Statutes, sections
89.018, subdivision 2, paragraph (a); 97A.101; 97A.125; 97C.001; and
97C.011. The commissioner may similarly
designate any lands acquired in less than fee title. This appropriation is available until June 30, 2008, at which
time the project must be completed and final products delivered, unless an earlier
date is specified in the work program.
(c) Development of
Scientific and Natural Areas 134,000
$67,000 the first year and $67,000 the second
year are from the trust fund to the commissioner of natural resources to
develop and enhance lands designated as scientific and natural areas. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(d) Prairie Stewardship of Private
Lands
100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources to
develop stewardship plans and implement prairie management on private prairie
lands on a cost-share basis with private or federal funds. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(e) Local Initiative Grants-Conservation Partners
and Environmental Partnerships 500,000
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources to
provide matching grants of up to $20,000 to local government and private
organizations for enhancement, restoration, research, and education associated
with natural habitat and environmental service projects. Subdivision 16 applies to grants awarded in
the approved work program. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(f) Minnesota ReLeaf Community Forest
Development and Protection 500,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources
for acceleration of the agency program and a cooperative agreement with Tree
Trust to protect forest resources, develop inventory-based management plans,
and provide matching grants to communities to plant native trees. At least $390,000 of this appropriation must
be used for grants to communities. For
the purposes of this paragraph, the match must be a nonstate contribution, but
may be either cash or qualifying in-kind.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final projects delivered, unless an earlier date
is specified in the work program.
(g) Integrated and
Pheromonal Control of Common Carp 550,000
$275,000 the first year and $275,000 the
second year are from the trust fund to the University of Minnesota for the
second biennium to research new options for controlling common carp. This appropriation is available until June
30, 2009, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(h) Biological Control of
European Buckthorn and Garlic Mustard 200,000
$100,000 the first year and $100,000 the
second year are from the trust fund to the commissioner of natural resources to
research potential insects for biological control of invasive European
buckthorn species for the second biennium and to introduce and evaluate insects
for biological control of garlic mustard.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(i) Land Exchange Revolving Fund for Aitkin,
Cass, and Crow Wing Counties 500,000
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Aitkin County for a six-year revolving loan fund to improve
public and private land ownership patterns, increase management efficiency, and
protect critical habitat in Aitkin, Cass, and Crow Wing Counties. By June 30, 2011, Aitkin County shall repay
the $500,000 to the commissioner of finance for deposit in the environment and
natural resources trust fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 6. Recreation
7,160,000 5,559,000
Summary by Fund
Trust Fund 5,560,000 5,559,000
State Land and Water
Conservation Account (LAWCON)
1,600,000 -0-
(a) State Park and
Recreation Area Land Acquisition 2,000,000
$1,000,000 the first year and $1,000,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire in-holdings for state park and recreation areas. Land acquired with this appropriation must
be sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. This appropriation is available until June 30, 2008, at which
time the project must be completed and final products delivered, unless an
earlier date is specified in the work program.
(b) LAWCON Federal
Reimbursements
1,600,000
$1,600,000 is from the State Land and Water
Conservation Account (LAWCON) in the natural resources fund to the commissioner
of natural resources for priorities established by the commissioner for
eligible state projects and administrative and planning activities consistent
with Minnesota Statutes, section 116P.14, and the federal Land and Water
Conservation Fund Act. Subdivision 16
applies to grants awarded in the approved work program. This appropriation is contingent upon
receipt of the federal obligation and remains available until June 30, 2008, at
which time the project must be completed and final products delivered, unless
an earlier date is specified in the work program.
(c) State Park and Recreation Area
Revenue-Enhancing Development 200,000
$100,000 the first year and $100,000 the
second year are from the trust fund to the commissioner of natural resources to
enhance revenue generation in the state's park and recreation system.
(d) Best Management
Practices for Parks and Outdoor Recreation 200,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$100,000 the first year and $100,000 the second year
are from the trust fund to the commissioner of natural resources for an
agreement with the Minnesota Recreation and Park Association to develop and
evaluate opportunities to more efficiently manage Minnesota's parks and outdoor
recreation areas.
(e) Metropolitan Regional Parks Acquisition,
Rehabilitation, and Development 2,000,000
$1,000,000 the first year and $1,000,000 the second
year are from the trust fund to the Metropolitan Council for subgrants for the
acquisition, development, and rehabilitation in the metropolitan regional park
system, consistent with the Metropolitan Council regional recreation open space
capital improvement plan. This appropriation
may not be used for the purchase of residential structures, may be used to
reimburse implementing agencies for acquisition as expressly approved in the
work program, and must be matched by at least 40 percent of nonstate
money. Subdivision 16 applies to grants
awarded in the approved work program.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program. If a
project financed under this program receives a federal grant award, the
availability of the financing from this paragraph for that project is extended
to equal the period of the federal grant.
(f) Gitchi-Gami State Trail 500,000
$250,000 the first year and $250,000 the second year
are from the trust fund to the commissioner of natural resources, in
cooperation with the Gitchi-Gami Trail Association, for the fourth biennium, to
design and construct approximately two miles of Gitchi-Gami State Trail
segments. This appropriation is
available until June 30, 2008, at which time the project must be completed and
final products delivered. If this
project receives a federal grant award, the availability of the financing from
this paragraph for the project is extended to equal the period of the federal
grant.
(g) Casey Jones State Trail 1,200,000
$600,000 the first year and $600,000 the second year
are from the trust fund to the commissioner of natural resources in cooperation
with the Friends of the Casey Jones Trail Association for land acquisition and
development of the Casey Jones State Trail in southwest Minnesota. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered. If this project receives a
federal grant award, the availability of the financing from this paragraph for
the project is extended to equal the period of the federal grant.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(h) Paul Bunyan State Trail
Connection 400,000
$200,000 the first year and $200,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire land to connect the Paul Bunyan State Trail within the city of Bemidji.
(i) Minnesota River Trail
Planning 200,000
$100,000 the first year and $100,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the University of Minnesota to provide trail planning
assistance to three communities along the Minnesota River State Trail.
(j) Local Initiative
Grants-Parks and Natural Areas 1,200,000
$600,000 the first year and $600,000 the
second year are from the trust fund to the commissioner of natural resources to
provide matching grants to local governments for acquisition and development of
natural and scenic areas and local parks as provided in Minnesota Statutes,
section 85.019, subdivisions 2 and 4a, and regional parks outside of the
metropolitan area. Grants may provide
up to 50 percent of the nonfederal share of the project cost, except
nonmetropolitan regional park grants may provide up to 60 percent of the
nonfederal share of the project cost.
$500,000 of this appropriation is for land acquisition for a proposed
county regional park on Kraemer Lake in Stearns County. The commission will monitor the grants for
approximate balance over extended periods of time between the metropolitan
area, under Minnesota Statutes, section 473.121, subdivision 2, and the
nonmetropolitan area through work program oversight and periodic allocation decisions. For the purposes of this paragraph, the
match must be a nonstate contribution, but may be either cash or qualifying
in-kind. Recipients may receive funding
for more than one project in any given grant period. Subdivision 16 applies to grants awarded in the approved work
program. This appropriation is
available until June 30, 2008, at which time the project must be completed and
final products delivered.
(k) Regional Park Planning
for Nonmetropolitan Urban Areas 86,000
$43,000 the first year and $43,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the University of Minnesota to develop a plan for a system of
regional recreation areas for major outstate urban complexes in Minnesota.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(l) Local and Regional Trail
Grant Initiative Program 700,000
$350,000 the first year and $350,000 the
second year are from the trust fund to the commissioner of natural resources to
provide matching grants to local units of government for the cost of
acquisition, development, engineering services, and enhancement of existing and
new trail facilities. Subdivision 16
applies to grants awarded in the approved work program. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program. In addition, if a project financed under
this program receives a federal grant award, the availability of the financing
from this paragraph for that project is extended to equal the period of the
federal grant.
(m) Mesabi Trail 1,000,000
$500,000 the first year and $500,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with St. Louis
and Lake Counties Regional Rail Authority for the seventh biennium to acquire
and develop segments for the Mesabi Trail.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered. If this project receives a federal grant
award, the availability of the financing from this paragraph for the project is
extended to equal the period of the federal grant.
(n) Cannon Valley Trail Belle
Creek Bridge Replacement 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the Cannon Valley Trail Joint Powers Board for bridge
replacement of the Belle Creek Bridge on the Cannon Valley Trail. This appropriation must be matched by at
least $44,000 of nonstate money.
(o) Arrowhead Regional Bike
Trail Connections Plan 83,000
$42,000 the first year and $41,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the Arrowhead Regional Development Commission to analyze the
Arrowhead's major bike trails and plan new trail connections.
(p) Land Acquisition,
Minnesota Landscape Arboretum 650,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$325,000 the first year and $325,000 the
second year are from the trust fund to the University of Minnesota for an
agreement with the University of Minnesota Landscape Arboretum Foundation for
the sixth biennium to acquire land from willing sellers. This appropriation must be matched by an
equal amount of nonstate money. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(q) Development and
Rehabilitation of Minnesota Shooting Ranges 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of natural resources to
provide technical assistance and matching grants to local communities and
recreational shooting and archery clubs for the purpose of developing or
rehabilitating shooting and archery facilities for public use. Recipient facilities must be open to the
general public at reasonable times and for a reasonable fee on a walk-in
basis. This appropriation is available
until June 30, 2008, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(r) Birding Maps 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Audubon Minnesota to create a new birding trail guide for the
North Shore/Arrowhead region and reprint and distribute guides for three
existing birding trails.
Subd. 7. Water
Resources
3,027,000 3,000,000
Summary by Fund
Trust Fund 2,999,000 3,000,000
Great Lakes Protection
Account 28,000
(a) Local Water Management
Matching Challenge Grants
1,000,000
$500,000 the first year and $500,000 the
second year are from the trust fund to the Board of Water and Soil Resources to
accelerate the local water management challenge grant program under Minnesota
Statutes, sections 103B.3361 to 103B.3369, through matching grants to implement
high priority activities in state-approved
comprehensive water management
plans. For the
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
purposes of this paragraph, the match must be
a nonstate contribution, but may be either cash or qualifying in-kind. The grants may be provided on an advance
basis as specified in the work program.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(b) Accelerating and Enhancing Surface Water
Monitoring for Lakes and Streams 600,000
$300,000 the first year and $300,000 the
second year are from the trust fund to the commissioner of the Pollution
Control Agency for acceleration of agency programs and cooperative agreements
with the Minnesota Lakes Association, Rivers Council of Minnesota, and the
University of Minnesota to accelerate monitoring efforts through assessments,
citizen training, and implementation grants.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(c) Effects of Land
Retirements on the Minnesota River 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the Board of Water and Soil Resources
for a cooperative agreement with the U.S. Geological Survey to evaluate effects
of retired or set-aside agricultural lands on the water quality and aquatic
habitat of streams in the Minnesota River Basin in order to enhance
prioritization of future land retirements.
This appropriation must be matched by an equal amount of nonstate
money. This appropriation is available
until June 30, 2008, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(d) Recycling Treated Municipal Wastewater
for Industrial Water Use 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the Metropolitan Council to determine the feasibility of
recycling treated municipal wastewater for industrial use, characterize
industrial water demand and quality, and determine the costs to treat municipal
wastewater to meet specific industrial needs.
(e) Unwanted Hormone Therapy: Protecting Water and Public Health 300,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$150,000 the first year and $150,000 the
second year are from the trust fund to the University of Minnesota to determine
where behavior-altering estrogenic compounds come from and how they are
distributed in wastewater treatment plants.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(f) Climate Change Impacts
on Minnesota's Aquatic Resources 250,000
$125,000 the first year and $125,000 the
second year are from the trust fund to the University of Minnesota, Natural
Resources Research Institute, to quantify climate, hydrologic, and ecological
variability and trends; and identify indicators of future climate change
effects on aquatic systems. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(g) Green Roof Cost Share
and Monitoring 350,000
$175,000 the first year and $175,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Ramsey Conservation District to install green, vegetated
roofs on four commercial or industrial buildings in Roseville and Falcon
Heights and to monitor their effectiveness for stormwater management, flood
reduction, water quality, and energy efficiency. The cost of the installations must be matched by at least 50
percent nonstate money.
(h) Woodchip Biofilter
Treatment of Feedlot Runoff 270,000
$135,000 the first year and $135,000 the
second year are from the trust fund to the commissioner of natural resources
for agreements with Stearns County Soil and Water Conservation District and the
University of Minnesota to treat feedlot runoff with woodchip biofilters to
remove pollutants and assess improvements to surface water quality. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(i) Improving Water Quality
on the Central Sands 587,000
$294,000 the first year and $293,000 the
second year are from the trust fund to the commissioner of natural resources
for agreements with the University of Minnesota and the Central Lakes College
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Agricultural Center to reduce nitrate and
phosphorus losses to groundwater and surface waters of sandy ecoregions through
the development, promotion, and adoption of new farming and land management
practices and techniques. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(j) Improving Impaired Watersheds: Conservation Drainage Research 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of agriculture to
analyze conservation drainage systems at University of Minnesota research and
outreach centers for opportunities to retrofit drainage infrastructure with
water quality improvement technologies.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(k) Hydrology, Habitat, and
Energy Potential of Mine Lakes 500,000
$188,000 the first year and $211,000 the
second year are from the trust fund to the commissioner of natural resources
for agency work and agreements with Architectural Resources, Inc., and
Northeast Technical Services, Inc., for a coordinated effort of the Central
Iron Range Initiative to establish ultimate mine water elevations, outflows,
and quality; design optimum future mineland configurations for fish habitat and
lakeshore development; and evaluate wind-pumped hydropower potential. $62,000 the first year and $39,000 the
second year are from the trust fund to the Minnesota Geological Survey at the
University of Minnesota to assess the geology and mine pit morphometry.
(l) Hennepin County Beach
Water Quality Monitoring Project 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Hennepin County to develop a predictive model for on-site
determination of beach water quality to prevent outbreaks of waterborne
illnesses and provide related water safety outreach to the public.
(m) Southwest Minnesota
Floodwater Retention Projects 500,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Area II MN River Basin Projects, Inc., to acquire
easements and construct four floodwater retention projects in the Minnesota
River Basin to improve water quality and waterfowl habitat.
(n) Upgrades to Blue Heron
Research Vessel
295,000
$28,000 is from the Great Lakes protection
account in the first year and $133,000 the first year and $134,000 the second
year are from the trust fund to the University of Minnesota, Large Lakes Observatory,
to upgrade and overhaul the Blue Heron Research Vessel.
(o) Bassett Creek Valley
Channel Restoration 175,000
$87,000 the first year and $88,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the city of Minneapolis for design and engineering activities
for habitat restoration and water quality and channel improvements for Bassett
Creek Valley.
(p) Restoration of Indian
Lake
200,000
$100,000 the first year
and $100,000 the second year are from the trust fund to the commissioner of
natural resources for agreements with MN Environmental Services and Bemidji
State University to demonstrate the removal of excess nutrients from Indian
Lake in Wright County. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program, and is contingent on all appropriate permits being
obtained.
Subd. 8. Land Use and
Natural Resource Information 1,000,000
1,000,000
Summary by Fund
Trust Fund 1,000,000 1,000,000
(a) Minnesota County
Biological Survey 1,000,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$500,000 the first year and $500,000 the
second year are from the trust fund to the commissioner of natural resources
for the tenth biennium to accelerate the survey that identifies significant
natural areas and systematically collects and interprets data on the
distribution and ecology of native plant communities, rare plants, and rare
animals.
(b) Soil Survey 500,000
$250,000 the first year and $250,000 the
second year are from the trust fund to the Board of Water and Soil Resources to
accelerate digitizing of completed soil surveys for Web-based user application
and for agreements with Pine and Crow Wing Counties to begin soil surveys. The new soil surveys must be done on a
cost-share basis with local and federal funds.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(c) Land Cover Mapping for
Natural Resource Protection 250,000
$125,000 the first year and $125,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Hennepin County to develop GIS tools for prioritizing
natural areas for protection and restoration and to update and complete land
cover classification mapping.
(d) Open Space Planning and
Protection 250,000
$125,000 the first year and $125,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Anoka Conservation District to protect open space by
identifying high priority natural resource corridors through planning,
conservation easements, and land dedication as part of development processes.
Subd. 9. Agriculture
and Natural Resource Industries 1,342,000
1,341,000
Summary by Fund
Trust Fund 1,342,000 1,341,000
(a) Completing Third-Party
Certification of DNR Forest Lands 250,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$125,000 the first year and $125,000 the second year
are from the trust fund to the commissioner of natural resources for
third-party assessment and certification of 4,470,000 acres of DNR-administered
lands under forest sustainability standards established by two internationally
recognized forest certification systems, the Forest Stewardship Council system,
and the Sustainable Forestry Initiative system.
(b) Third-Party
Certification of Private Woodlands 376,000
$188,000 the first year and $188,000 the second year
are from the trust fund to the University of Minnesota, Cloquet Forestry
Center, to pilot a third-party certification assessment framework for
nonindustrial private forest owners.
(c) Sustainable Management
of Private Forest Lands 874,000
$437,000 the first year and $437,000 the second year
are from the trust fund to the commissioner of natural resources to develop
stewardship plans for private forested lands, implement stewardship plans on a
cost-share basis and for conservation easements matching federal funds. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(d) Evaluating Riparian
Timber Harvesting Guidelines: Phase 2 333,000
$167,000 the first year and $166,000 the second year
are from the trust fund to the University of Minnesota for a second biennium to
assess the timber harvesting riparian management guidelines for postharvest
impacts on terrestrial, aquatic, and wildlife habitat. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(e) Third Crops for Water
Quality-Phase 2
500,000
$250,000 the first year and $250,000 the second year
are from the trust fund to the commissioner of natural resources for
cooperative agreements with Rural Advantage and the University of Minnesota to
accelerate adoption of third crops to enhance water quality, diversify cropping
systems, supply bioenergy, and provide wildlife habitat through demonstration,
research, and education. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(f) Bioconversion of Potato
Waste into Marketable Biopolymers 350,000
$175,000 the first year and $175,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Bemidji State University to evaluate the bioconversion of
potato waste into plant-based plastics.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date is
specified in the work program.
Subd. 10. Energy 1,896,000
1,896,000
Summary by Fund
Trust Fund 1,896,000 1,896,000
(a) Clean Energy Resource Teams and Community
Wind Energy Rebate Programs 700,000
$350,000 the first year and $350,000 the
second year are from the trust fund to the commissioner of commerce. $300,000 of this appropriation is to provide
technical assistance to implement cost-effective conservation, energy
efficiency, and renewable energy projects.
$400,000 of this appropriation is to assist two Minnesota communities in
developing locally owned wind energy projects by offering financial assistance
rebates.
(b) Planning for Economic
Development via Energy Independence 240,000
$120,000 the first year and $120,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the University of Minnesota-Duluth to evaluate the socioeconomic
benefits of statewide and community renewable energy production and
distribution by analyzing system installation, technical capabilities,
cost-competitiveness, economic impacts, and policy incentives.
(c) Manure Methane Digester Compatible Wastes
and Electrical Generation 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of agriculture to research the
potential for a centrally located, multifarm manure digester and the potential
use of compatible waste streams with manure digesters.
(d) Dairy Farm Digesters 336,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$168,000 the first year and $168,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the Minnesota Project for a pilot project to evaluate
anaerobic digester technology on average size dairy farms of 50 to 300 cows.
(e) Wind to Hydrogen
Demonstration
800,000
$400,000 the first year and $400,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the University of Minnesota, West Central Research and
Outreach Center, to develop a model community-scale wind-to-hydrogen facility.
(f) Natural Gas Production
from Agricultural Biomass 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Sebesta Blomberg and Associates to demonstrate potential natural
gas yield using anaerobic digestion of blends of chopped grasses or crop
residue with hog manure and determine optimum operating conditions for
conversion to natural gas.
(g) Biomass-Derived Oils for Generating
Electricity and Reducing Emissions 150,000
$75,000 the first year and $75,000 the second
year are from the trust fund to the University of Minnesota to evaluate the
environmental and performance benefits of using renewable biomass-derived oils,
such as soybean oil, for generating electricity.
(h) Phillips Biomass
Community Energy System 900,000
$450,000 the first year and $450,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Phillips Community Energy Cooperative to assist in the
distribution system equipment and construction costs for a biomass district
energy system. This appropriation is
contingent on all appropriate permits being obtained and a signed commitment of
financing for the biomass electrical generating facility being in place.
(i) Laurentian Energy
Authority Biomass Project 466,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$233,000 the first year and $233,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Virginia Public Utility to lease land and plant
approximately 1,000 acres of trees to support a proposed conversion to a
biomass power plant.
Subd. 11. Environmental
Education 360,000 360,000
Summary by Fund
Trust Fund 360,000 360,000
(a) Enhancing Civic
Understanding of Groundwater 150,000
$75,000 the first year and $75,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the Science Museum of Minnesota to create groundwater exhibits
and a statewide traveling groundwater classroom program. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(b) Cedar Creek Natural History Area
Interpretive Center and Restoration 400,000
$200,000 the first year and $200,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the University of Minnesota, Cedar Creek Natural History
Area, to restore 400 acres of savanna and prairie; construct a Science
Interpretive Center to publicly demonstrate technologies for energy efficiency;
and create interpretive trails. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(c) Environmental
Problem-Solving Model for Twin Cities Schools 75,000
$38,000 the first year and $37,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Eco Education to train high school students and teachers on
environmental problem solving.
(d) Tamarack Nature Center
Exhibits 95,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$47,000 the first year and $48,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Ramsey County Parks and Recreation Department to develop
interactive ecological exhibits at Tamarack Nature Center.
Subd. 12. Children's
Environmental Health 100,000
100,000
Summary by Fund
Trust Fund 100,000 100,000
Minnesota Children's
Pesticide Exposure Reduction Initiative 200,000
$100,000 the first year and $100,000 the
second year are appropriated to the commissioner of agriculture to reduce
children's pesticide exposure through parent education on alternative pest
control methods and safe pesticide use.
Subd.
13. Data Availability Requirements
(a) During the biennium ending June 30, 2007,
data collected by the projects funded under this section that have value for
planning and management of natural resource, emergency preparedness, and
infrastructure investments must conform to the enterprise information
architecture developed by the Office of Technology. Spatial data must conform to geographic information system
guidelines and standards outlined in that architecture and adopted by the
Minnesota Geographic Data Clearinghouse at the Land Management Information
Center. A description of these data
that adheres to Office of Technology geographic metadata standards must be
submitted to the Land Management Information Center to be made available
on-line through the clearinghouse, and the data themselves must be accessible
and free to the public unless made private under the Data Practices Act,
Minnesota Statutes, chapter 13.
(b) To the extent practicable, summary data
and results of projects funded under this section should be readily accessible
on the Internet and identified as an environment and natural resources trust
fund project.
(c) As part of project expenditures,
recipients of land acquisition appropriations must provide the information
necessary to update public recreation information maps to the Department of
Natural Resources in the form specified by the department.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 14. Project
Requirements
It is a condition of acceptance of the
appropriations in this section that any agency or entity receiving the
appropriation must comply with Minnesota Statutes, chapter 116P, and vegetation
planted must be native to Minnesota and preferably of the local ecotype unless
the work program approved by the commission expressly allows the planting of
species that are not native to Minnesota.
Subd. 15. Match
Requirements
Unless specifically authorized,
appropriations in this section that must be matched and for which the match has
not been committed by December 31, 2005, are canceled, and in-kind
contributions may not be counted as matching funds.
Subd.
16. Payment Conditions and Capital
Equipment Expenditures
All agreements, grants, or contracts referred
to in this section must be administered on a reimbursement basis unless
otherwise provided in this section.
Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on
or after July 1, 2005, or the date the work program is approved, whichever is
later, are eligible for reimbursement unless otherwise provided in this
section. Payment must be made upon
receiving documentation that project-eligible, reimbursable dollar amounts have
been expended, except that reasonable amounts may be advanced to projects to
accommodate cash flow needs or match federal funds. The advances must be approved as part of the work program. No expenditures for capital equipment are
allowed unless expressly authorized in the project work program.
Subd. 17. Purchase of
Recycled and Recyclable Materials
A political subdivision, public or private
corporation, or other entity that receives an appropriation in this section
must use the appropriation in compliance with Minnesota Statutes, sections
16B.121 and 16B.122, requiring the purchase of recycled, repairable, and
durable materials; the purchase of uncoated paper stock; and the use of
soy-based ink, the same as if it were a state agency.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 18. Energy
Conservation
A recipient to whom an appropriation is made
in this section for a capital improvement project shall ensure that the project
complies with the applicable energy conservation standards contained in law,
including Minnesota Statutes, sections 216C.19 and 216C.20, and rules adopted
thereunder. The recipient may use the
energy planning, advocacy, and state energy office units of the Department of
Commerce to obtain information and technical assistance on energy conservation
and alternative energy development relating to the planning and construction of
the capital improvement project.
Subd. 19. Accessibility
Structural and nonstructural facilities must
meet the design standards in the Americans with Disability Act (ADA)
accessibility guidelines.
Sec. 11. Minnesota
Statutes 2004, section 16A.125, subdivision 5, is amended to read:
Subd. 5. [FOREST TRUST
LANDS.] (a) The term "state forest trust fund lands" as used
in this subdivision, means public land in trust under the Constitution set
apart as "forest lands under the authority of the commissioner" of
natural resources as defined by section 89.001, subdivision 13.
(b) The commissioner of finance shall credit the revenue
from the forest trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of finance
shall certify the total costs incurred for forestry during that year under
appropriations for the protection, improvement, administration, and management
of state forest trust fund lands and construction and improvement of forest
roads to enhance the forest value of the lands. The certificate must specify the trust funds interested in the
lands. The commissioner of natural
resources shall supply the commissioner of finance with the information needed
for the certificate.
(d) After a fiscal year and after the appropriation
in subdivision 11, the commissioner shall distribute the receipts credited
to the suspense account during that fiscal year as follows:
(a) (1) the amount of the certified costs
incurred by the state for forest management, forest improvement, and road
improvement during the fiscal year shall be transferred to the general
fund. forest management investment account established under section
89.039;
(2) the balance of the certified costs incurred by the state
during the fiscal year shall be transferred to the general fund; and
(b) (3) the balance of the receipts shall then be
returned prorated to the trust funds in proportion to their respective
interests in the lands which produced the receipts.
Sec. 12. Minnesota
Statutes 2004, section 84.027, subdivision 12, is amended to read:
Subd. 12. [PROPERTY
DISPOSAL; GIFT ACKNOWLEDGMENT; ADVERTISING SALES.] (a) The commissioner may
give away to members of the public items with a value of less than $10 $50
that are intended to promote conservation of natural resources or create
awareness of the state and its resources or natural resource management
programs. The total value of items
given to the public under this paragraph may not exceed $25,000 per year.
(b) The commissioner may recognize the contribution of money or
in-kind services on plaques, signs, publications, audio-visual materials, and
media advertisements by allowing the organization's contribution to be
acknowledged in print of readable size.
(c) The commissioner may accept paid advertising for
departmental publications. Advertising
revenues received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational
materials. The commissioner may not
accept paid advertising from any elected official or candidate for elective
office.
Sec. 13. Minnesota
Statutes 2004, section 84.027, subdivision 15, is amended to read:
Subd. 15. [ELECTRONIC
TRANSACTIONS.] (a) The commissioner may receive an application for, sell, and
issue any license, stamp, permit, pass, sticker, duplicate safety training
certification, registration, or transfer under the jurisdiction of the
commissioner by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:
(1) provide for the electronic transfer of funds generated by
electronic transactions, including by telephone;
(2) assign a license an identification number to
an applicant who purchases a hunting or fishing license or recreational
vehicle registration by electronic means, to serve as temporary
authorization to engage in the licensed activity requiring a license
or registration until the license or registration is received or
expires;
(3) charge and permit agents to charge a fee of individuals who
make electronic transactions and transactions by telephone or Internet,
including the issuing fee under section 97A.485, subdivision 6, fees
and an additional transaction fee not to exceed $3.50;
(4) collect issuing or filing fees as provided under
sections 84.788, subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph
(b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions 5 and 6;
84.922, subdivision 2, paragraph (e); 85.41, subdivision 5; 86B.415,
subdivision 8; and 97A.485, subdivision 6, and collect establish, by
written order, an electronic licensing system commission on to be
paid by revenues generated from all sales of licenses as provided under
sections 85.43, paragraph (b), and 97A.485, subdivision 7 made through
the electronic licensing system. The
commissioner shall establish the commission in a manner that neither
significantly overrecovers nor underrecovers costs involved in providing the
electronic licensing system; and
(5) adopt rules to administer the provisions of this
subdivision.
(b) Establishment of The transaction fee fees
established under paragraph (a), clause (3), and the commission
established under paragraph (a), clause (4), is are not
subject to the rulemaking procedures of chapter 14 and section 14.386 does not
apply.
(c) Money received from fees and commissions collected under
this subdivision, including interest earned, is annually appropriated from the
game and fish fund and the natural resources fund to the commissioner for the
cost of electronic licensing.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 14. Minnesota
Statutes 2004, section 84.027, is amended by adding a subdivision to read:
Subd. 17.
[BACKGROUND CHECKS FOR VOLUNTEER INSTRUCTORS.] (a) The commissioner
may conduct background checks for volunteer instructor applicants for
department safety training and education programs, including the programs established
under sections 84.791 (youth off-highway motorcycle safety education and
training), 84.86 and 84.862 (youth and adult snowmobile safety training),
84.925 (youth all-terrain vehicle safety education and training), 97B.015
(youth firearms safety training), and 97B.025 (hunter and trapper education and
training).
(b) The commissioner shall perform the background check by
retrieving criminal history data maintained in the criminal justice information
system (CJIS) and other data sources.
(c) The commissioner shall develop a standardized form to be
used for requesting a background check, which must include:
(1) a notification to the applicant that the commissioner
will conduct a background check under this section;
(2) a notification to the applicant of the applicant's
rights under paragraph (d); and
(3) a signed consent by the applicant to conduct the
background check expiring one year from date of signature.
(d) The volunteer instructor applicant who is the subject of
a background check has the right to:
(1) be informed that the commissioner will request a
background check on the applicant;
(2) be informed by the commissioner of the results of the
background check and obtain a copy of the background check;
(3) obtain any record that forms the basis for the
background check and report;
(4) challenge the accuracy and completeness of the
information contained in the report or a record; and
(5) be informed by the commissioner if the applicant is
rejected because of the result of the background check.
Sec. 15. Minnesota
Statutes 2004, section 84.0274, is amended by adding a subdivision to read:
Subd. 9.
[EXCEPTION FOR NONPROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES.] When
the commissioner acquires land or interests in land from a nonprofit
organization or governmental entity, any or all of the provisions of this
section may be waived by mutual agreement of the commissioner and the nonprofit
organization or governmental entity.
Sec. 16. Minnesota
Statutes 2004, section 84.0274, is amended by adding a subdivision to read:
Subd. 10. [RIGHT
OF FIRST REFUSAL AGREEMENT.] The commissioner may enter into a right of
first refusal agreement with a landowner prior to determining the value of the
land. No right of first refusal
agreement shall be made for a period of greater than two years and payment to
the landowner for entry into the agreement shall not exceed $5,000.
Sec. 17. Minnesota
Statutes 2004, section 84.0911, subdivision 2, is amended to read:
Subd. 2. [RECEIPTS.]
Money received from the sale of wild rice licenses issued by the commissioner
under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4),
and subdivision 3, paragraph (b), except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, shall be credited to the wild rice management account.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 18. Minnesota
Statutes 2004, section 84.631, is amended to read:
84.631 [ROAD EASEMENTS ACROSS STATE LANDS.]
(a) Except as provided in section 85.015, subdivision
1b, the commissioner, on behalf of the state, may convey a road easement across
state land under the commissioner's jurisdiction other than school trust land,
to a private person requesting an easement for access to property owned by the
person only if the following requirements are met: (1) there are no reasonable alternatives to obtain access to the
property; and (2) the exercise of the easement will not cause significant
adverse environmental or natural resource management impacts.
(b) The commissioner shall:
(1) require the applicant to pay the market value of the
easement;
(2) provide that the easement reverts to the state in the event
of nonuse; and
(3) impose other terms and conditions of use as necessary and
appropriate under the circumstances.
(c) An applicant shall submit a fee of $2,000 with each
application for a road easement across state land. The application fee is nonrefundable, even if the application is
withdrawn or denied.
(d) Fees collected under paragraph (c) must be deposited in
the land management account in the natural resources fund.
Sec. 19. Minnesota
Statutes 2004, section 84.775, subdivision 1, is amended to read:
Subdivision 1. [CIVIL
CITATION; AUTHORITY TO ISSUE.] (a) A conservation officer or other licensed
peace officer may issue a civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777; 84.788 to 84.795; or 84.90;
(2) an off-road vehicle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 84.90; or
(3) an all-terrain vehicle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 84.928.
(b) A civil citation under paragraph (a) shall require
restitution for public and private property damage and impose a penalty of:
(1) $100 for the first offense;
(2) $200 for the second offense; and
(3) $500 for third and subsequent offenses.
(c) A conservation officer or other licensed peace officer
may issue a civil citation to a person who operates an off-highway motorcycle,
off-road vehicle, or all-terrain vehicle in violation of section 84.773,
subdivision 2, clause (2) or (3). A
civil citation under this paragraph shall require restitution for damage to
wetlands and impose a penalty of:
(1) $100 for the first offense;
(2) $500 for the second offense; and
(3) $1,000 for third and subsequent offenses.
(d) If the peace officer determines that there is damage
to property requiring restitution, the commissioner must send a written
explanation of the extent of the damage and the cost of the repair by first
class mail to the address provided by the person receiving the citation within
15 days of the date of the citation.
(e) An off-road vehicle or all-terrain vehicle that is
equipped with a snorkel device and receives a civil citation under this section
is subject to twice the penalty amounts in paragraphs (b) and (c).
Sec. 20. [84.781] [USE
OF DEPARTMENT RESOURCES.]
The commissioner of natural resources may permit Department
of Natural Resources personnel and equipment from the Division of Trails and
Waterways to be used to assist local units of government in developing and
maintaining off-highway vehicle grant-in-aid trails located on property owned
by or under the control of the local unit of government.
Sec. 21. [84.785]
[OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]
Subdivision 1.
[CREATION.] The commissioner of natural resources shall establish an
off-highway vehicle safety and conservation grant program to award grants to
organizations that meet the eligibility requirements under subdivision 3.
Subd. 2.
[PURPOSE.] The purpose of the off-highway vehicle safety and
conservation grant program is to encourage off-highway vehicle clubs to assist
in safety and environmental education and in improving, maintaining, and
monitoring trails on state forest land and other public lands.
Subd. 3.
[ELIGIBILITY.] To be eligible for a grant under this section, an
organization must:
(1) be a statewide Minnesota organization that has been in
existence at least five years and that promotes the operation of off-highway
vehicles in a manner that is safe, responsible, and does not harm the
environment;
(2) promote the operation of off-highway vehicles in a
manner that does not conflict with the laws and rules that relate to the
operation of off-highway vehicles;
(3) have an interest limited to the operation of motorized
vehicles on motorized trails and other designated areas;
(4) have a board of directors that has 80 percent of its
members who are representatives of all-terrain vehicle clubs, off-highway
motorcycle clubs, or off-road vehicle clubs; and
(5) provide support to off-highway
vehicle clubs.
Subd. 4. [USE OF
GRANTS.] An organization receiving a grant under this section shall use the
grant money to promote and provide support to the Department of Natural
Resources by:
(1) encouraging off-highway vehicle clubs to assist in
improving, maintaining, and monitoring trails on state forest land and other
public lands;
(2) providing assistance to the department in locating,
recruiting, and training instructors;
(3) assisting the commissioner and the director of tourism
in creating an outreach program to inform local communities of appropriate
off-highway vehicle use in their communities and of the economic benefits and
costs that may be attributed to promoting tourism to attract off-highway
vehicles;
(4) publishing a manual in cooperation with the commissioner
that will be used to train volunteers in monitoring the operation of
off-highway vehicles for safety, environmental, and other issues that relate to
the responsible operation of off-highway vehicles; and
(5) collecting data on the operation of off-highway vehicles
in the state.
Sec. 22. [84.7851]
[WORKER DISPLACEMENT PROHIBITED.]
The commissioner may not enter into any agreement that has
the purpose of or results in the displacement of public employees by volunteers
participating in an off-highway safety and conservation program. The commissioner must certify to the appropriate
bargaining agent that the work performed by a volunteer will not result in the
displacement of currently employed workers or workers on seasonal layoff or
layoff from a substantially equivalent position, including partial displacement
such as reduction in hours of nonovertime work, wages, or other employment
benefits.
Sec. 23. Minnesota
Statutes 2004, section 84.788, subdivision 3, is amended to read:
Subd. 3. [APPLICATION;
ISSUANCE; REPORTS.] (a) Application for registration or continued registration
must be made to the commissioner or an authorized deputy registrar of motor
vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the
off-highway motorcycle.
(b) A person who purchases from a retail dealer an off-highway
motorcycle shall make application for registration to the dealer at the point
of sale. The dealer shall issue a
temporary ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer
shall submit the completed registration applications and fees to the deputy
registrar at least once each week. No
fee may be charged by a dealer to a purchaser for providing the temporary
permit.
(c) Upon receipt of the application and the appropriate fee,
the commissioner or deputy registrar shall issue to the applicant, or provide
to the dealer, a 60-day temporary receipt and shall assign a an
assigned registration number that or a commissioner or deputy
registrar temporary ten-day permit.
Once issued, the registration number must be affixed to the
motorcycle in a manner prescribed by the commissioner according to
paragraph (f). A dealer subject to
paragraph (b) shall provide the registration materials and or
temporary receipt permit to the purchaser within the ten-day
temporary permit period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A
deputy registrar of motor vehicles acting under section 168.33, is also a
deputy registrar of off-highway motorcycles.
The commissioner of natural resources in agreement with the commissioner
of public safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and registration
fees. Deputy registrars shall strictly
comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed
by law, a filing fee of $4.50 is charged for each off-highway motorcycle
registration renewal, duplicate or replacement registration card, and
replacement decal and a filing fee of $7 is charged for each off-highway
motorcycle registration and registration transfer issued by:
(1) a deputy registrar and must be deposited in the treasury of
the jurisdiction where the deputy is appointed, or kept if the deputy is not a
public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
(f) Unless exempted in paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued by the commissioner. If the motorcycle is licensed as a motor
vehicle, a registration decal must be affixed on the upper left corner of the
rear license plate. If the motorcycle
is not licensed as a motor vehicle, the decal must be attached on the side of
the motorcycle and may be attached to the fork tube. The decal must be attached in a manner so that it is visible
while a rider is on the motorcycle. The
issued decals must be of a size to work within the constraints of the
electronic licensing system, not to exceed three inches high and three inches
wide.
(g) Display of a registration decal is not required for an
off-highway motorcycle:
(1) while being operated on private property; or
(2) while competing in a closed-course competition event.
Sec. 24. Minnesota
Statutes 2004, section 84.788, is amended by adding a subdivision to read:
Subd. 11.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (e), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and:
(1) the off-highway motorcycle was registered incorrectly by
the commissioner or the deputy registrar; or
(2) the off-highway motorcycle was registered twice, once by
the dealer and once by the customer.
Sec. 25. Minnesota
Statutes 2004, section 84.789, is amended by adding a subdivision to read:
Subd. 3. [SOUND
EMISSIONS.] (a) On and after July 1, 2006, off-highway motorcycles, when
operating on public lands, shall at all times be equipped with a silencer or
other device that limits sound emissions according to this subdivision.
(b) Sound emissions of competition off-highway motorcycles
manufactured on or after January 1, 1998, are limited to not more than 96 dbA
and, if manufactured prior to January 1, 1998, to not more than 99 dbA, when
measured from a distance of 20 inches using test procedures established by the
Society of Automotive Engineers under Standard J-1287, as applicable.
(c) Sound emissions of all other off-highway motorcycles are
limited to not more than 96 dbA if manufactured on or after January 1, 1986,
and not more than 99 dbA if manufactured prior to January 1, 1986, when
measured from a distance of 20 inches using test procedures established by the
Society of Automotive Engineers under Standard J-1287, as applicable.
Sec. 26.
Minnesota Statutes 2004, section 84.791, subdivision 1, is amended to
read:
Subdivision 1. [PROGRAM
ESTABLISHED; WHEN REQUIRED.] (a) The commissioner shall establish
a comprehensive off-highway motorcycle environment and safety education and
training program, including the preparation and dissemination of vehicle
information and safety advice to the public, the training of off-highway
motorcycle operators, and the issuance of off-highway motorcycle safety
certificates to operators under the age of 16 years who successfully complete
the off-highway motorcycle environment and safety education and training
courses.
(b) An individual who is convicted of violating a law
related to the operation of an off-highway motorcycle must successfully
complete the environment and safety education and training program established
under paragraph (a) before continuing operation of an off-highway motorcycle.
Sec. 27. Minnesota
Statutes 2004, section 84.791, subdivision 2, is amended to read:
Subd. 2. [FEES.] For
the purposes of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall
collect a fee not to exceed $5 from each person who receives the training. The commissioner shall collect a fee for
issuing a duplicate off-highway motorcycle safety certificate. The commissioner shall establish the fee for
a duplicate off-highway motorcycle safety certificate, to include a $1
issuing fee for licensing agents, that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the
service. The fees must, except
for the issuing fee for licensing agents under this subdivision, shall be
deposited in the state treasury and credited to the off-highway motorcycle
account in the natural resources fund.
Sec. 28. Minnesota
Statutes 2004, section 84.798, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] (a) Unless exempted under paragraph (b) or
subdivision 2, after January 1, 1995, a person may not operate and an owner may
not give permission for another to operate a vehicle off-road, nor may a
person have an off-road vehicle not registered under chapter 168 in
possession at an off-road vehicle staging area, or designated trail on
lands administered by the commissioner on off-road vehicle-designated trails
or area areas, or on off-road vehicle grant-in-aid trails and areas
funded under section 84.803, unless the vehicle has been registered under
this section.
(b) Annually on the third Saturday of May, the commissioner
shall allow the operation of nonregistered off-road vehicles at the Iron Range
Off-Highway Vehicle Recreation Area.
Sec. 29. Minnesota
Statutes 2004, section 84.798, is amended by adding a subdivision to read:
Subd. 10.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (b), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and the vehicle was
registered incorrectly by the commissioner or the deputy registrar.
Sec. 30. [84.8015]
[EDUCATION AND TRAINING.]
Subdivision 1.
[PROGRAM ESTABLISHED WHEN REQUIRED.] (a) The commissioner shall
establish a comprehensive off-road vehicle environment and safety education and
training program, including the preparation and dissemination of vehicle
information and safety advice to the public, the training of off-road vehicle
operators, and the issuance of off-road vehicle safety certificates to
operators 16 to 18 years of age who successfully complete the off-road vehicle
environment and safety education and training courses.
(b) Beginning July 1, 2006, an
individual who is convicted of violating a law related to the operation of an
off-road vehicle must successfully complete the environment and safety education
and training program established under paragraph (a) before continuing
operation of an off-road vehicle.
Subd. 2. [FEES.]
For the purposes of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall
collect a fee not to exceed $15 from each person who receives the
training. The commissioner shall
collect a fee for issuing a duplicate off-road vehicle safety certificate. The commissioner shall establish the fee for
a duplicate off-road vehicle safety certificate that neither significantly
overrecovers nor underrecovers costs, including overhead costs, involved in
providing the service. The fees must be
deposited in the state treasury and credited to the off-road vehicle account.
Subd. 3.
[COOPERATION AND CONSULTATION.] The commissioner shall cooperate with
private organizations and associations, private and public corporations, and
local governmental units in furtherance of the program established under this
section. The commissioner shall consult
with the commissioner of public safety in regard to training program subject
matter and performance testing that leads to the certification of off-road
vehicle operators.
Subd. 4.
[RECIPROCITY WITH OTHER STATES.] The commissioner may enter into
reciprocity agreements or otherwise certify off-road vehicle environment and
safety education and training courses from other states that are substantially
similar to in-state courses. Proof of
completion of a course subject to a reciprocity agreement or certified as
substantially similar is adequate to meet the safety certificate requirements
of this section.
Sec. 31. Minnesota
Statutes 2004, section 84.804, subdivision 3, is amended to read:
Subd. 3. [OPERATION
GENERALLY.] A person may not drive or operate a vehicle off-road:
(1) at a rate of speed greater than is reasonable under the
surrounding circumstances;
(2) in a careless, reckless, or negligent manner which may
endanger or cause injury or damage to the person or property of another;
(3) without a functioning stoplight if so equipped;
(4) in a tree nursery or planting in a manner that damages or
destroys growing stock;
(5) without a brake operational by either hand or foot; or
(6) in a manner that violates rules adopted by the commissioner;
or
(7) on unfrozen public water, if the vehicle is equipped
with a snorkel device that has a raised air intake six inches or more above the
vehicle manufacturer's original air intake.
Sec. 32. Minnesota
Statutes 2004, section 84.82, subdivision 2, is amended to read:
Subd. 2. [APPLICATION,
ISSUANCE, REPORTS, ADDITIONAL FEE.] (a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy
registrar of motor vehicles in a format prescribed by the commissioner and
shall state the legal name and address of every owner of the snowmobile.
(b) A person who purchases a snowmobile from a retail dealer
shall make application for registration to the dealer at the point of
sale. The dealer shall issue a dealer
temporary ten-day registration permit to each purchaser who applies to
the dealer for registration. The
temporary registration is valid for 60 days from the date of issue. Each retail dealer shall submit completed
registration and fees to the deputy registrar at least once a week. No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
(c) Upon receipt of the application
and the appropriate fee as hereinafter provided, such snowmobile shall be
registered and a the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, an assigned registration number assigned
which shall or a commissioner or deputy registrar temporary ten-day
permit. Once issued, the registration
number must be affixed to the snowmobile in a clearly visible and permanent
manner for enforcement purposes as the commissioner of natural resources shall
prescribe. A dealer subject to
paragraph (b) shall provide the registration materials or temporary permit to
the purchaser within the temporary ten-day permit period. The registration is not valid unless signed
by at least one owner.
(c) (d) Each deputy registrar of motor vehicles
acting pursuant to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of
natural resources in agreement with the commissioner of public safety may
prescribe the accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with
these accounting and procedural requirements.
(d) (e) A fee of $2 in addition to that otherwise
prescribed by law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy
registrar and the additional fee shall be disposed of in the manner provided in
section 168.33, subdivision 2; or
(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.
Sec. 33. Minnesota
Statutes 2004, section 84.82, is amended by adding a subdivision to read:
Subd. 11.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and:
(1) the snowmobile was registered incorrectly by the
commissioner or the deputy registrar; or
(2) the snowmobile was registered twice, once by the dealer
and once by the customer.
Sec. 34. Minnesota
Statutes 2004, section 84.8205, subdivision 1, is amended to read:
Subdivision 1. [STICKER
REQUIRED; FEE.] A person may not operate a snowmobile that is not registered
in this state on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural resources shall
issue a sticker upon application and payment of a $15 fee. The sticker is valid from November 1 through
April 30. Fees collected under this
section, except for the issuing fee for licensing agents under this section
and for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, shall be deposited in
the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund and must be used for grants-in-aid and
easement acquisition.
Sec. 35. Minnesota
Statutes 2004, section 84.8205, subdivision 3, is amended to read:
Subd. 3. [LICENSE
AGENTS.] bond in favor of the county in
an amount at least equal to the value of the stickers to be consigned to that
subagent. A surety bond is not required
for a state agency appointed by the commissioner. The county auditor shall be responsible for all stickers issued
to and user fees received by agents except in a county where the county auditor
does not retain fees paid for license purposes. In these counties, the responsibilities imposed by this section
upon the county auditor are imposed upon the county. The commissioner may County auditors are appointed agents of the commissioner for the
sale of snowmobile state trail stickers.
The commissioner may appoint other state agencies as agents for
the sale of the to issue and sell state trail stickers. A county auditor may appoint subagents
within the county or within adjacent counties to sell stickers. Upon appointment of a subagent, the auditor
shall notify the commissioner of the name and address of the subagent. The auditor may revoke the appointment of a
subagent, and The commissioner may revoke the appointment of a state
agency an agent at any time.
The commissioner may require an auditor to revoke a subagent's
appointment. The auditor shall furnish
stickers on consignment to any subagent who furnishes a surety promulgate adopt
additional rules governing the accounting and procedures for handling
state trail stickers as provided in section 97A.485, subdivision 11.
Any resident desiring to sell snowmobile state trail
stickers may either purchase for cash or obtain on consignment stickers from a
county auditor in groups of not less than ten individual stickers. In selling stickers, the resident shall be
deemed a subagent of the county auditor and the commissioner, and An
agent shall observe all rules promulgated adopted by the
commissioner for accounting and handling of licenses and stickers
pursuant to section 97A.485, subdivision 11.
The county auditor An agent shall promptly
deposit and remit all money received from the sale of the stickers with
the county treasurer and shall promptly transmit any reports required by the
commissioner, plus 96 percent of the price paid by each stickerholder,
exclusive of the issuing fee, for each sticker sold or consigned by the
auditor and subsequently sold to a stickerholder during the accounting
period. The county auditor shall retain
as a commission four percent of all sticker fees, excluding the issuing fee for
stickers consigned to subagents and the issuing fee on stickers sold by the
auditor to stickerholders to the commissioner.
Unsold stickers in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within the time
prescribed by the commissioner. Any
stickers not presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent possessing the same
or to whom they are charged shall be accountable.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 36. Minnesota
Statutes 2004, section 84.8205, subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION
ISSUANCE OF STICKERS.] The commissioner and agents shall provide
issue and sell snowmobile state trail stickers to all agents
authorized to issue stickers by the commissioner.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 37. Minnesota
Statutes 2004, section 84.8205, subdivision 6, is amended to read:
Subd. 6. [DUPLICATE
STATE TRAIL STICKERS.] The commissioner and agents shall issue a
duplicate sticker to persons whose sticker is lost or destroyed using the
process established under section 97A.405, subdivision 3, and rules promulgated
thereunder. The fee for a duplicate
state trail sticker is $2, with an issuing fee of 50 cents.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 38. Minnesota
Statutes 2004, section 84.83, subdivision 3, is amended to read:
Subd. 3. [PURPOSES FOR
THE ACCOUNT.] The money deposited in the account and interest earned on that
money may be expended only as appropriated by law for the following purposes:
(1) for a grant-in-aid program to counties and municipalities
for construction and maintenance of snowmobile trails, including maintenance of
trails on lands and waters of Voyageurs National Park, on Lake of the Woods,
on Rainy Lake, and on the following lakes in St. Louis County: Burntside, Crane, Echo, Little Long, Mud,
Pelican, Shagawa, and Vermilion;
(2) for acquisition, development, and maintenance of state
recreational snowmobile trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections 84.81 to
84.91 and appropriated grants to local law enforcement agencies.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 39. Minnesota
Statutes 2004, section 84.83, is amended by adding a subdivision to read:
Subd. 6.
[EASEMENT ACQUISITION; APPROPRIATION.] (a) The position of trails
acquisition coordinator is created in the classified service under the
commissioner of natural resources. The
coordinator is responsible for acquiring easements for permanent recreational
snowmobile trails.
(b) $500,000 is annually appropriated from the snowmobile
trails and enforcement account to the commissioner to acquire easements, and
the administrative costs for acquiring easements, for permanent recreational
snowmobile trails.
Sec. 40. Minnesota
Statutes 2004, section 84.86, subdivision 1, is amended to read:
Subdivision 1.
[REQUIRED RULES.] With a view of achieving maximum use of snowmobiles
consistent with protection of the environment the commissioner of natural
resources shall adopt rules in the manner provided by chapter 14, for the
following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources are
affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or regulate the
operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety education
and training program, including but not limited to the preparation and
dissemination of snowmobile information and safety advice to the public, the
training of snowmobile operators, and the issuance of snowmobile safety certificates
to snowmobile operators who successfully complete the snowmobile safety
education and training course. For the
purpose of administering such program and to defray expenses of training and
certifying snowmobile operators, the commissioner shall collect a fee from each
person who receives the youth or adult training. The commissioner shall collect a fee, to include a $1 issuing
fee for licensing agents, for issuing a duplicate snowmobile safety
certificate. The commissioner shall
establish both fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the
services. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283.
The fees of Natural Resources for the
administration of such programs. In
addition to the fee established by the commissioner, instructors may charge
each person up to the established fee amount for class materials and expenses. The commissioner shall cooperate with
private organizations and associations, private and public corporations, and
local governmental units in furtherance of the program established under this
clause. School districts may cooperate
with the commissioner and volunteer instructors to provide space for the
classroom portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to the
certification of snowmobile operators. must, except for the issuing fee for licensing agents
under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof,
except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, and issuing fees collected
by the commissioner, is appropriated annually to the Enforcement Division of
the Department
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or hospitalization to or death
of any person or total damage to an extent of $500 or more, shall forward a
written report of the accident to the commissioner on such form as the
commissioner shall prescribe. If the
operator is killed or is unable to file a report due to incapacitation, any
peace officer investigating the accident shall file the accident report within
ten business days.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 41. Minnesota
Statutes 2004, section 84.91, subdivision 1, is amended to read:
Subdivision 1. [ACTS
PROHIBITED.] (a) No owner or other person having charge or control of any
snowmobile or all-terrain vehicle shall authorize or permit any individual the
person knows or has reason to believe is under the influence of alcohol or a
controlled substance or other substance to operate the snowmobile or
all-terrain vehicle anywhere in this state or on the ice of any boundary water
of this state.
(b) No owner or other person having charge or control of any
snowmobile or all-terrain vehicle shall knowingly authorize or permit any
person, who by reason of any physical or mental disability is incapable of
operating the vehicle, to operate the snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any
boundary water of this state is subject to chapter 169A. In addition to the applicable sanctions
under chapter 169A, a person who is convicted of violating section 169A.20 or an
ordinance in conformity with it while operating a snowmobile or all-terrain
vehicle, or who refuses to comply with a lawful request to submit to testing
under sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall
be prohibited from operating the snowmobile or all-terrain vehicle for a period
of one year. The commissioner shall
notify the person of the time period during which the person is prohibited from
operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if
the person does not have a prior impaired driving conviction or prior license
revocation, as defined in section 169A.03.
Otherwise, administrative and judicial review of the prohibition is governed
by section 169A.53.
(e) The court shall promptly forward to the commissioner and
the Department of Public Safety copies of all convictions and criminal and
civil sanctions imposed under this section and chapter chapters
169 and 169A relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an ordinance
in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
all-terrain vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a misdemeanor.
Sec. 42. Minnesota
Statutes 2004, section 84.922, subdivision 2, is amended to read:
Subd. 2. [APPLICATION,
ISSUANCE, REPORTS.] (a) Application for registration or continued registration
shall be made to the commissioner of natural resources, the commissioner of
public safety or an authorized deputy registrar of motor vehicles in a form
prescribed by the commissioner. The
form must state the name and address of every owner of the vehicle.
(b) A person who purchases an all-terrain vehicle from a retail
dealer shall make application for registration to the dealer at the point of
sale. The dealer shall issue a dealer
temporary ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer
shall submit the completed registration application and fees to the deputy
registrar at least once each week. No
fee may be charged by a dealer to a purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate fee,
the commissioner or deputy registrar shall issue to the applicant, or provide
to the dealer, a 60-day temporary receipt and shall assign a an
assigned registration number that or a commissioner or deputy
registrar temporary ten-day permit.
Once issued, the registration number must be affixed to the vehicle
in a manner prescribed by the commissioner.
A dealer subject to paragraph (b) shall provide the registration
materials and or temporary receipt permit to the
purchaser within the ten-day temporary permit period. The commissioner shall use the snowmobile registration system to
register vehicles under this section.
(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting
and procedural requirements necessary to assure efficient handling of registrations
and registration fees. Deputy
registrars shall strictly comply with the accounting and procedural
requirements.
(e) In addition to other fees prescribed by law, a filing fee
of $4.50 is charged for each all-terrain vehicle registration renewal, duplicate
or replacement registration card, and replacement decal and a filing fee of $7
is charged for each all-terrain vehicle registration and registration transfer
issued by:
(1) a deputy registrar and shall be deposited in the treasury
of the jurisdiction where the deputy is appointed, or retained if the deputy is
not a public official; or
(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the natural
resources fund.
Sec. 43. Minnesota
Statutes 2004, section 84.922, is amended by adding a subdivision to read:
Subd. 12.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and:
(1) the vehicle was registered incorrectly by the
commissioner or the deputy registrar; or
(2) the vehicle was registered twice, once by the dealer and
once by the customer.
Sec. 44. Minnesota
Statutes 2004, section 84.925, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
ESTABLISHED.] (a) The commissioner shall establish a comprehensive all-terrain
vehicle environmental and safety education and training program, including the
preparation and dissemination of vehicle information and safety advice to the
public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12
years who successfully complete the all-terrain vehicle environmental and
safety education and training course.
(b) For the purpose of administering the
program and to defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15 from each person
who receives the training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing
agents, for issuing a duplicate all-terrain vehicle safety
certificate. The commissioner shall
establish the fee for a duplicate all-terrain vehicle safety certificate that
neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the service.
Fee proceeds, except for the issuing fee for licensing agents under
this subdivision, shall be deposited in the all-terrain vehicle account in
the natural resources fund. In
addition to the fee established by the commissioner, instructors may charge
each person the cost of class material and expenses.
(c) The commissioner shall cooperate with private organizations
and associations, private and public corporations, and local governmental units
in furtherance of the program established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom
portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to the
certification of vehicle operators. By
June 30, 2003, the commissioner shall incorporate a riding component in the
safety education and training program.
[EFFECTIVE DATE.] This
section, except for the the last sentence in paragraph (b), is effective July
6, 2005.
Sec. 45. Minnesota
Statutes 2004, section 84.925, is amended by adding a subdivision to read:
Subd. 5.
[TRAINING REQUIREMENTS.] (a) An individual who was born after July 1,
1987, and who is 16 years of age or older, must successfully complete the
independent study course component of all-terrain vehicle safety training.
(b) An individual who is convicted of violating a law
related to the operation of an all-terrain vehicle must successfully complete the
independent study course component of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.
(c) An individual who is convicted for a second or
subsequent excess speed, trespass, or wetland violation in an all-terrain
vehicle season, or any conviction for careless or reckless operation of an
all-terrain vehicle, must successfully complete the independent study and the
testing and operating course components of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.
(d) An individual who receives three or more citations and
convictions for violating a law related to the operation of an all-terrain
vehicle in a two-year period must successfully complete the independent study
and the testing and operating course components of all-terrain vehicle safety
training before continuing operation of an all-terrain vehicle.
(e) An individual must present evidence of compliance with
this subdivision before an all-terrain vehicle registration is issued or
renewed.
[EFFECTIVE DATE.] This
section is effective January 1, 2006.
Sec. 46. Minnesota
Statutes 2004, section 84.9256, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) Except for operation on public
road rights-of-way that is permitted under section 84.928, a driver's license
issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public
road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters,
except as provided in paragraph (e).
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may make a direct
crossing of a public road right-of-way of a trunk, county state-aid, or county
highway or operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age or older
who holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificates
issued by the commissioner to persons certificate, a person at least
12 years old, but less than 16 years old, are not valid for machines in
excess of 90cc engine capacity unless must:
(1) the person successfully completed complete
the safety education and training program under section 84.925, subdivision 1,
including a riding component; and
(2) the riding component of the training was conducted using
an all-terrain vehicle with over 90cc engine capacity; and
(3) the person is be able to properly reach and
control the handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.
(e) A person at least ten years of age but under 12 years of
age may operate an all-terrain vehicle with an engine capacity up to 90cc on
public lands or waters if accompanied by a parent or legal guardian.
Sec. 47. Minnesota
Statutes 2004, section 84.9257, is amended to read:
84.9257 [PASSENGERS.]
(a) A parent or guardian may operate an all-terrain vehicle
carrying one passenger who is under 16 years of age and who wears a safety
helmet approved by the commissioner of public safety.
(b) For the purpose of this section, "guardian" means
a legal guardian of a person under age 16, or a person 18 or older who has been
authorized by the parent or legal guardian to supervise the person under age
16.
(c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years of age and
wears a safety helmet approved by the commissioner of public safety.
(d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of age or older.
Sec. 48. Minnesota
Statutes 2004, section 84.926, is amended to read:
84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
COMMISSIONER; EXCEPTIONS.]
Subdivision 1.
[EXCEPTION BY PERMIT.] Notwithstanding section sections
84.773, subdivision 1, and 84.777, on a case by case basis, the
commissioner may issue a permit authorizing a person to operate an off-highway
vehicle on individual public trails under the commissioner's jurisdiction
during specified times and for specified purposes.
Subd. 2. [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED FORESTS; OFF TRAIL.] Notwithstanding
section 84.777, but subject to the commissioner's authority under subdivision
5, on state forest lands classified as managed or limited, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use an all-terrain
vehicle off forest trails or forest roads when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of
a valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Subd. 3.
[ALL-TERRAIN VEHICLES; CLOSED FORESTS; HUNTING.] Notwithstanding
section 84.777, the commissioner may determine whether all-terrain vehicles are
allowed on specific forest roads, on state forest lands classified as closed,
for the purpose of hunting big game during an open big game season. The determination shall be by written order
as published in the State Register and is exempt from chapter 14. Section 14.386 does not apply.
Subd. 4.
[OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR MANAGED FORESTS; TRAILS.]
Notwithstanding section 84.777, but subject to the commissioner's authority
under subdivision 5, on state forest lands classified as limited or managed,
other than the Richard J. Dorer Memorial Hardwood Forest, a person may use
vehicles registered under chapter 168 or section 84.798 or 84.922 on forest
trails that are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of
a valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Subd. 5.
[LIMITATIONS ON OFF-TRAIL AND UNDESIGNATED TRAIL USE.] The
commissioner may designate areas on state forest lands that are not subject to
the exceptions provided in subdivisions 2 and 4. Such designations are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
Before designating such areas, the commissioner shall hold a public
meeting in the county where the largest portion of the forest lands are located
to provide information to and receive comment from the public regarding the
proposed designation. Sixty days before
the public meeting, notice of the proposed designation shall be published in
the legal newspapers that serve the counties in which the lands are located, in
a statewide Department of Natural Resources news release, and in the State
Register.
Sec. 49.
Minnesota Statutes 2004, section 84.928, subdivision 2, is amended to
read:
Subd. 2. [OPERATION
GENERALLY.] A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under
the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property of another;
(3) without headlight and taillight lighted at all times if the
vehicle is equipped with headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or
destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more persons than one person on the
vehicle than it was designed for, except as allowed under section
84.9257;
(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an all-terrain
vehicle or within 100 feet of a fishing shelter; or
(9) with a snorkel device that has a raised air intake six
inches or more above the vehicle manufacturer's original air intake, except
within the Iron Range Off-Highway Vehicle Recreation Area as described in
section 85.013, subdivision 12a, or other public off-highway vehicle recreation
areas; or
(9) (10) in a manner that violates operation
rules adopted by the commissioner.
Sec. 50. Minnesota
Statutes 2004, section 84D.03, subdivision 4, is amended to read:
Subd. 4. [COMMERCIAL
FISHING AND TURTLE, FROG, AND CRAYFISH HARVESTING RESTRICTIONS IN
INFESTED AND NONINFESTED WATERS.] (a) All nets, traps, buoys, anchors, stakes,
and lines used for commercial fishing or turtle, frog, or crayfish harvesting
in an infested waters, water that is designated because the
waters contain it contains invasive fish or invertebrates, may not
be used in noninfested any other waters. If a commercial licensee operates in both noninfested
waters and an infested waters water designated because
the waters contain it contains invasive fish or invertebrates and
other waters, all nets, traps, buoys, anchors, stakes, and lines used for
commercial fishing or turtle, frog, or crayfish harvesting in noninfested
waters not designated as infested with invasive fish or invertebrates
must be tagged with tags provided by the commissioner, as specified in the
commercial licensee's license or permit, and may not be used in infested waters
designated because the waters contain invasive fish or invertebrates.
(b) In infested waters designated solely because the waters
contain Eurasian water milfoil, All nets, traps, buoys, anchors, stakes,
and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated solely because it contains Eurasian water
milfoil must be dried for a minimum of ten days or frozen for a minimum of
two days before they are used in noninfested any other waters,
except as provided in this paragraph.
Commercial operators licensees must notify the
department's regional or area fisheries office or a conservation officer when
before removing nets or equipment from an infested waters water
designated solely because it contains Eurasian water milfoil and before
resetting those nets or equipment in noninfested any other
waters. All aquatic macrophytes Upon
such notification, the commissioner may authorize a commercial licensee to move
nets or equipment to another water without freezing or drying, if that water is
designated as infested solely because it contains Eurasian water milfoil.
(c) A commercial licensee must be
removed remove all aquatic macrophytes from nets and other equipment
when the nets and equipment are removed from infested waters of the
state.
(d) The commissioner shall provide a commercial licensee
with a current listing of designated infested waters at the time that a license
or permit is issued.
Sec. 51. Minnesota
Statutes 2004, section 85.053, subdivision 1, is amended to read:
Subdivision 1. [FORM,
ISSUANCE, VALIDITY.] (a) The commissioner shall prepare and provide state park
permits for each calendar year that state a motor vehicle may enter and use
state parks, state recreation areas, and state waysides over 50 acres in
area. State park permits must be
available and placed on sale by January 1 of the calendar year that the permit
is valid. A separate motorcycle permit
may be prepared and provided by the commissioner.
(b) An annual state park permit must be affixed when
purchased and may be used from the time it is affixed purchased
for a 12-month period. State park permits
in each category must be numbered consecutively for each year of issue.
(c) State park permits shall be issued by employees of the
Division of Parks and Recreation as designated by the commissioner. State park permits also may be consigned to
and issued by agents designated by the commissioner who are not employees of
the Division of Parks and Recreation.
All proceeds from the sale of permits and all unsold permits consigned
to agents shall be returned to the commissioner at such times as the commissioner
may direct, but no later than the end of the calendar year for which the
permits are effective. No part of the
permit fee may be retained by an agent.
An additional charge or fee in an amount to be determined by the
commissioner, but not to exceed four percent of the price of the permit, may be
collected and retained by an agent for handling or selling the permits.
Sec. 52. Minnesota
Statutes 2004, section 85.053, subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT.]
Except as provided in section 85.054, a motor vehicle may not enter a state
park, state recreation area, or state wayside over 50 acres in area, without a
state park permit issued under this section.
Except for vehicles permitted under subdivision 7, paragraph (a), clause
(2), the state park permit must be affixed to the lower right corner windshield
of the motor vehicle and must be completely affixed by its own adhesive to the
windshield, or the commissioner may, by written order, provide an
alternative means to display and validate annual permits.
Sec. 53. Minnesota
Statutes 2004, section 85.055, is amended by adding a subdivision to read:
Subd. 1b.
[DISCOUNTS.] Except as otherwise specified in law, and
notwithstanding section 16A.1285, subdivision 2, the commissioner may by
written order authorize waiver or reduction of state park entrance fees.
Sec. 54. Minnesota
Statutes 2004, section 85.055, subdivision 2, is amended to read:
Subd. 2. [FEE DEPOSIT
AND APPROPRIATION.] The fees collected under this section shall be deposited in
the natural resources fund and credited to a the state parks
account. Money in the account,
except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, is available for
appropriation to the commissioner to operate and maintain the state park
system.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 55. Minnesota
Statutes 2004, section 85.42, is amended to read:
85.42 [USER FEE; VALIDITY.]
(a) The fee for an annual cross-country ski pass is $9 $14
for an individual age 16 and over. The
fee for a three-year pass is $24 $39 for an individual age 16 and
over. This fee shall be collected at
the time the pass is purchased.
Three-year passes are valid for three years beginning the previous July
1. Annual passes are valid for one year
beginning the previous July 1.
(b) The cost for a daily cross-country skier pass is $2 $4
for an individual age 16 and over. This
fee shall be collected at the time the pass is purchased. The daily pass is valid only for the date
designated on the pass form.
(c) A pass must be signed by the skier across the front of the
pass to be valid and becomes nontransferable on signing.
Sec. 56. Minnesota
Statutes 2004, section 85.43, is amended to read:
85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]
(a) Fees from cross-country ski passes shall be
deposited in the state treasury and credited to a cross-country ski account in
the natural resources fund and, except as provided in paragraph (b) for
the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, are appropriated to the commissioner
of natural resources for:
(1) grants-in-aid for cross-country ski trails sponsored by
local units of government and special park districts as provided in section
85.44; and
(2) maintenance, winter grooming, and associated administrative
costs for cross-country ski trails under the jurisdiction of the commissioner.
(b) The commissioner shall retain for the operation of the
electronic licensing system a commission of 4.7 percent of all cross-country
ski pass fees collected.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 57. Minnesota
Statutes 2004, section 86B.415, subdivision 1, is amended to read:
Subdivision 1.
[WATERCRAFT 19 FEET OR LESS.] The fee for a watercraft license for
watercraft 19 feet or less in length is $18 $27 except:
(1) for watercraft, other than personal watercraft, 19 feet in
length or less that is offered for rent or lease, the fee is $6 $12;
(2) for a canoe, kayak, sailboat, sailboard, paddle boat, or
rowing shell 19 feet in length or less, the fee is $7 $14;
(3) for a watercraft 19 feet in length or less used by a nonprofit
corporation for teaching boat and water safety, the fee is as provided in
subdivision 4;
(4) for a watercraft owned by a dealer under a dealer's
license, the fee is as provided in subdivision 5;
(5) for a personal watercraft, the fee is $25 $37.50;
and
(6) for a watercraft less than 17 feet in length, other than a
watercraft listed in clauses (1) to (5), the fee is $12 $24.
Sec. 58. Minnesota
Statutes 2004, section 86B.415, subdivision 2, is amended to read:
Subd. 2. [WATERCRAFT
OVER 19 FEET.] Except as provided in subdivisions 3, 4, and 5, the watercraft
license fee:
(1) for a watercraft more than 19 feet but less than 26 feet in
length is $30 $45;
(2) for a watercraft 26 feet but less than 40 feet in length is
$45 $67.50; and
(3) for a watercraft 40 feet in length or longer is $60 $90.
Sec. 59. Minnesota
Statutes 2004, section 86B.415, subdivision 3, is amended to read:
Subd. 3. [WATERCRAFT
OVER 19 FEET FOR HIRE.] The license fee for a watercraft more than 19 feet in
length for hire with an operator is $50 $100 each.
Sec. 60. Minnesota
Statutes 2004, section 86B.415, subdivision 4, is amended to read:
Subd. 4. [WATERCRAFT
USED BY NONPROFIT CORPORATION FOR TEACHING.] The watercraft license fee for a
watercraft used by a nonprofit organization for teaching boat and water safety
is $3 $6 each.
Sec. 61. Minnesota
Statutes 2004, section 86B.415, subdivision 5, is amended to read:
Subd. 5. [DEALER'S
LICENSE.] There is no separate fee for watercraft owned by a dealer under a
dealer's license. The fee for a
dealer's license is $45 $67.50.
Sec. 62. Minnesota
Statutes 2004, section 86B.415, subdivision 6, is amended to read:
Subd. 6. [TRANSFER OR
DUPLICATE LICENSE.] The fee to transfer a watercraft license or be issued a
duplicate license is $3 $6.
Sec. 63. Minnesota
Statutes 2004, section 86B.415, is amended by adding a subdivision to read:
Subd. 11.
[REFUNDS.] The commissioner may issue a refund on a license or title,
not including any issuing fees paid under subdivision 8 or section 84.027,
subdivision 15, paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph
(b), if the refund request is received within 12 months of the original license
or title and:
(1) the watercraft was licensed or titled incorrectly by the
commissioner or the deputy registrar;
(2) the customer was incorrectly charged a title fee; or
(3) the watercraft was licensed or titled twice, once by the
dealer and once by the customer.
Sec. 64. [86B.706]
[WATER RECREATION ACCOUNT; RECEIPTS AND PURPOSE.]
Subdivision 1.
[CREATION.] The water recreation account is created in the state
treasury in the natural resources fund.
Subd. 2. [MONEY
DEPOSITED IN ACCOUNT.] The following shall be deposited in the state treasury
and credited to the water recreation account:
(1) fees and surcharges from titling and licensing of
watercraft under this chapter;
(2) fines, installment payments, and forfeited bail
according to section 86B.705, subdivision 2;
(3) civil penalties according to section 84D.13;
(4) mooring fees and receipts from the sale of marine gas at
state-operated or state-assisted small craft harbors and mooring facilities
according to section 86A.21;
(5) the unrefunded gasoline tax attributable to watercraft
use under section 296A.18; and
(6) fees for permits issued to control or harvest aquatic
plants other than wild rice under section 103G.615, subdivision 2.
Subd. 3.
[PURPOSES.] The money in the account may be expended only as
appropriated by law for the following purposes:
(1) as directed under section 296A.18, subdivision 2, for
acquisition, development, maintenance, and rehabilitation of public water
access and boating facilities on public waters; lake and river improvements;
and boat and water safety;
(2) from the fees collected at state-operated or
state-assisted small craft harbors and mooring facilities from daily and
seasonal moorings and the sale of marine gas, for maintenance, operation,
replacement, and expansion of these facilities and for the debt service on
state bonds sold to finance these facilities;
(3) for administration and enforcement of this chapter as it
pertains to titling and licensing of watercraft and use and safe operation of
watercraft; grants for county-sponsored and administered boat and water safety
programs; and state boat and water safety efforts;
(4) for management of aquatic invasive species and the
implementation of chapter 84D as it pertains to aquatic invasive species,
including control, public awareness, law enforcement, assessment and
monitoring, management planning, and research; and
(5) for management of aquatic plants and the implementation
of section 103G.615 as it pertains to aquatic plants, including plant removal
permitting, control, public awareness, law enforcement, assessment and
monitoring, management planning, and research.
Sec. 65. Minnesota
Statutes 2004, section 88.17, subdivision 1, is amended to read:
Subdivision 1. [PERMIT
REQUIRED.] (a) A permit to start a fire to burn vegetative materials and
other materials allowed by Minnesota Statutes or official state rules and
regulations may be given by the commissioner or the commissioner's agent. This permission shall be in the form of:
(1) a written permit signed issued by a
forest officer, fire warden, authorized Minnesota pollution control agent,
or other person authorized by the forest officer, or town fire warden, and
commissioner; or
(2) an electronic permit issued by the commissioner, an
agent authorized by the commissioner, or an Internet site authorized by the
commissioner.
(b) Burning permits shall set the time and conditions by
which the fire may be started and burned.
The permit shall also specifically list the materials that may be
burned. The permittee must have the
permit on their person and shall produce the permit for inspection when
requested to do so by a forest officer, town fire warden, conservation
officer, or other peace officer. The
permittee shall remain with the fire at all times and before leaving the site
shall completely extinguish the fire. A
person shall not start or cause a fire to be started on any land that is not
owned or under their legal control without the written permission of the owner,
lessee, or an agent of the owner or lessee of the land. Violating or exceeding the permit conditions
shall constitute a misdemeanor and shall be cause for the permit to be revoked.
Sec. 66. Minnesota
Statutes 2004, section 88.17, is amended by adding a subdivision to read:
Subd. 4. [ACCOUNT
CREATED.] There is created in the state treasury a burning permit account
within the natural resources fund where all fees collected under this section
shall be deposited.
Sec. 67. Minnesota
Statutes 2004, section 88.17, is amended by adding a subdivision to read:
Subd. 5. [PERMIT
FEES.] (a) The annual fees for an electronic burning permit are:
(1) $5 for a noncommercial burning permit; and
(2) for commercial enterprises that obtain multiple permits,
$5 per permit for each burning site, up to a maximum of $50 per individual
business enterprise per year.
(b) Except for the issuing fee under paragraph (c), and for
the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, money received from permits issued under
this section shall be deposited in the state treasury and credited to the
burning permit account and is annually appropriated to the commissioner of
natural resources for the costs of operating the burning permit system.
(c) Of the fee amount collected under paragraph (a), $1
shall be retained by the permit agent as a commission for issuing electronic
permits.
Sec. 68. Minnesota
Statutes 2004, section 88.6435, subdivision 4, is amended to read:
Subd. 4. [FOREST
BOUGH ACCOUNT; DISPOSITION OF PERMIT FEES AND PENALTIES.] (a)
The forest bough account is established in the state treasury within the
natural resources fund.
(b) Fees for permits issued under this section shall be
deposited in the state treasury and credited to the special revenue fund
forest bough account and, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, are annually appropriated to the commissioner of natural resources for
costs associated with balsam bough educational programs for harvesters and
buyers.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 69. Minnesota
Statutes 2004, section 89.039, subdivision 1, is amended to read:
Subdivision 1. [ACCOUNT
ESTABLISHED; SOURCES.] The forest management investment account is created in
the natural resources fund in the state treasury and money in the account may
be spent only for the purposes provided in subdivision 2. The following revenue shall be deposited in
the forest management investment account:
(1) timber sales receipts transferred from the consolidated
conservation areas account as provided in section 84A.51, subdivision 2;
(2) timber sales receipts from forest lands as provided in
section 89.035; and
(3) money transferred from the forest suspense account
according to section 16A.125, subdivision 5; and
(4) interest accruing from investment of the account.
Sec. 70. Minnesota
Statutes 2004, section 89.19, subdivision 2, is amended to read:
Subd. 2. [RULEMAKING
EXEMPTION.] Designations of forest trails and changes to the designations
by the commissioner shall be by written order published in the State
Register. Designations and changes
to designations are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply.
Before designating or changing a designation of forest trails,
the commissioner shall hold a public meeting in the county where the largest
portion of the forest lands are located to provide information to and receive
comment from the public regarding the proposed trail designation or change
in designation. Sixty days before
the public meeting, notice of the proposed forest trail designation or
change in designation shall be published in the legal newspapers that serve
the counties in which the lands are located, in a statewide Department of
Natural Resources news release, and in the State Register.
Sec. 71. Minnesota
Statutes 2004, section 89.37, is amended by adding a subdivision to read:
Subd. 4a.
[SURCHARGE.] For tree seedlings sold according to this section, the
commissioner may assess a 2.5 cent surcharge on each tree seedling. All surcharges collected under this
subdivision must be deposited in the state treasury and credited to the forest
nursery account and are annually appropriated to the commissioner for the
purpose of forestry education and technical assistance.
Sec. 72. Minnesota
Statutes 2004, section 92.03, subdivision 4, is amended to read:
Subd. 4. [INTERNAL
IMPROVEMENT LANDS.] When lands donated to the state under the eighth
section of an act of Congress entitled "An act to appropriate the proceeds
of the sales of the public lands, and to grant preemption rights,"
approved September 4, 1841, must be are sold and,
the money derived from its sale must be invested, as provided by the
Minnesota Constitution, article XI, section 8.
Sec. 73. [92.685] [LAND
MANAGEMENT ACCOUNT.]
The land management account is created in the natural
resources fund. Money credited to the account
is appropriated annually to the commissioner of natural resources for the Lands
and Minerals Division to administer the road easement program under section
84.631.
Sec. 74. Minnesota
Statutes 2004, section 93.22, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] (a) All payments under sections 93.14 to 93.285
shall be made to the Department of Natural Resources and shall be credited
according to this section.
(a) (b) Twenty percent of all payments under sections
93.14 to 93.285 shall be credited to the minerals management account in the
natural resources fund as costs for the administration and management of state
mineral resources by the commissioner of natural resources.
(c) The remainder of the payments shall be credited as
follows:
(1) if the lands or minerals and
mineral rights covered by a lease are held by the state by virtue of an act of
Congress, payments made under the lease shall be credited to the permanent fund
of the class of land to which the leased premises belong.;
(b) (2) if a lease covers the bed of navigable
waters, payments made under the lease shall be credited to the permanent school
fund of the state.;
(c) (3) if the lands or minerals and mineral
rights covered by a lease are held by the state in trust for the taxing
districts, payments made under the lease shall be distributed annually on the
first day of September as follows:
(1) 20 percent to the general fund; and
(2) 80 percent to the respective counties in which the
lands lie, to be apportioned among the taxing districts interested therein as
follows: county, three-ninths; town or
city, two-ninths; and school district, four-ninths.;
(4) if the lands or mineral rights covered by a lease became
the absolute property of the state under the provisions of chapter 84A,
payments made under the lease shall be distributed as follows: county containing the land from which the
income was derived, five-eighths; and general fund of the state, three-eighths;
and
(d) (5) Except as provided under this section and
except where the disposition of payments may be otherwise directed by law, all
payments made under a lease shall be paid into the general fund of the
state.
Sec. 75. [93.2236]
[MINERALS MANAGEMENT ACCOUNT.]
(a) The minerals management account is created as an account
in the natural resources fund. Interest
earned on money in the account accrues to the account. Money in the account may be spent or distributed
only as provided in paragraphs (b) and (c).
(b) If the balance in the minerals management account
exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 must be
distributed to the permanent school fund and the permanent university
fund. The amount distributed to each
fund must be in the same proportion as the total mineral lease revenue received
in the previous biennium from school trust lands and university lands.
(c) Subject to appropriation by the legislature, money in
the minerals management account may be spent by the commissioner of natural
resources for mineral resource management and projects to enhance future
mineral income and promote new mineral resource opportunities.
Sec. 76. Minnesota
Statutes 2004, section 94.342, subdivision 1, is amended to read:
Subdivision 1. [CLASS
A.] All land owned by the state and controlled or administered by the
commissioner or by any division or agency of the Department of Natural
Resources shall be known as Class A land for the purposes of sections 94.341 to
94.347. Class A land shall include
school, swamp, internal improvement, and other land granted to the state by
acts of Congress, state forest land, tax-forfeited land held by the state free
from any trust in favor of taxing districts, and other land acquired by the
state in any manner and controlled or administered as aforesaid; but this
enumeration shall not be deemed exclusive.
Sec. 77. Minnesota
Statutes 2004, section 94.342, subdivision 3, is amended to read:
Subd. 3. [ exchange
the state acquires land on the same or other public waters in the same general
vicinity affording at least equal opportunity for access to the waters and
other riparian use by the public; provided, that any exchange with the United
States or any agency thereof may be made free from this limitation upon
condition that the state land given in exchange bordering on public waters
shall be subject to reservations by the state for public travel along the
shores as provided by section 92.45, unless waived as provided in this
subdivision, and that there shall be reserved by the state such additional
rights of public use upon suitable portions of such state land as the
commissioner of natural resources, with the approval of the Land Exchange
Board, may deem necessary or desirable for camping, hunting, fishing, access to
the water, and other public uses. In
regard to Class B or CLASS C
ADDITIONAL RESTRICTIONS ON RIPARIAN LAND.] Land bordering on or adjacent
to any meandered or other public waters and withdrawn from sale by law is Class
C riparian land. Class C
Riparian land may not be given in exchange unless expressly authorized
by the legislature or unless through the same Class C riparian land that is contained
within that portion of the Superior National Forest that is designated as the
Boundary Waters Canoe Area Wilderness, the condition that state land given in
exchange bordering on public waters must be subject to the public travel
reservations provided in section 92.45, may be waived by the Land Exchange
Board upon the recommendation of the commissioner of natural resources and, if
the land is Class B land, the additional recommendation of the county board in
which the land is located.
Sec. 78. Minnesota
Statutes 2004, section 94.342, subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL
RESTRICTIONS ON STATE PARK LAND.] Land specifically designated by law as a
state park may not be given in exchange unless the land is school trust land
that is exchanged for Class A or Class C land located outside a state
park.
Sec. 79. Minnesota
Statutes 2004, section 94.342, subdivision 5, is amended to read:
Subd. 5. [ADDITIONAL
RESTRICTIONS ON SCHOOL TRUST LAND.] School trust land may be exchanged with
other state Class A land only if the Permanent School Fund
Advisory Committee is appointed as temporary trustee of the school trust land
for purposes of the exchange. The
committee shall provide independent legal counsel to review the exchanges.
Sec. 80. Minnesota
Statutes 2004, section 94.343, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EXCHANGE PROVISIONS.] Except as otherwise herein provided, (a)
Any Class A land may, with the unanimous approval of the board, be exchanged
for any publicly held or privately owned land in the manner and subject to the
conditions herein prescribed. Class
A land may be exchanged only if it meets the requirements of subdivision 3 or
5.
(b) The commissioner, with the approval of the board,
shall formulate general programs of exchange of Class A land designed to serve
the best interests of the state in the acquisition, development, and use of
lands for purposes within the province of the Department of Natural Resources.
Sec. 81. Minnesota
Statutes 2004, section 94.343, is amended by adding a subdivision to read:
Subd. 2a.
[VALUATION OF LAND.] The commissioner shall cause the state land and
the land proposed to be exchanged therefor to be examined and value determined
as provided in section 84.0272; provided, that in exchanges with the United
States or any agency thereof the examination and value determination may be made
in such manner as the Land Exchange Board may direct. The determined values shall not be conclusive, but shall be taken
into consideration by the commissioner and the board, together with such other
matters as they deem material, in determining the values for the purposes of
exchange.
Sec. 82. Minnesota
Statutes 2004, section 94.343, subdivision 3, is amended to read:
Subd. 3. [EXCHANGING
LAND OF SUBSTANTIALLY EQUAL VALUE purposes
of such determination, the commissioner shall cause the state land and the land
proposed to be exchanged therefor to be examined and appraised by qualified
state appraisers as provided in section 84.0272; provided, that in exchanges
with the United States or any agency thereof the examination and appraisal may
be made in such manner as the Land Exchange Board may direct. The appraisers shall determine the fair
market value of the lands involved, disregarding any minimum value fixed for
state land by the state Constitution or by law, and shall make a report
thereof, together with such other pertinent information respecting the use and
value of the lands to the state as they deem pertinent or as the commissioner
or the board may require. Such reports
shall be filed and preserved in the same manner as other reports of appraisal
of state lands. The appraised values
shall not be conclusive, but shall be taken into consideration by the
commissioner and the board, together with such other matters as they deem
material, in determining the values for the purposes of exchange. REQUIRED OR LOWER VALUE.]
(a) Except as otherwise herein provided, Class A land shall be exchanged
only for land of at least substantially equal value to the state, as determined
by the commissioner, with the approval of the board. For the
(b) For the purposes of this subdivision, "substantially
equal value" means:
(1) where the lands being exchanged are both over 100 acres,
their values do not differ by more than ten percent; and
(2) in other cases, the values of the exchanged lands do not
differ by more than 20 percent.
(c) Other than school trust land, Class A land may be
exchanged for land of lesser value if the other party to the exchange pays to
the state the amount of the difference in value. Money received by the commissioner in such cases shall be
credited to the same fund as in the case of sale of the land, if such a fund
exists, otherwise to the special fund, if any, from which the cost of the land
was paid, otherwise to the general fund.
Sec. 83. Minnesota
Statutes 2004, section 94.343, subdivision 7, is amended to read:
Subd. 7. [PUBLIC
HEARING.] Before giving final approval to any exchange of Class A land, the board
commissioner shall hold a public hearing thereon at the capital city or
at some place which it may designate in the general area where the lands
involved are situated; provided, that the board may direct such hearing to
be held in its behalf by any of its members or by the commissioner or by a
referee appointed by the board. The
commissioner shall furnish to the auditor of each county affected a notice of
the hearing signed by the state auditor as secretary of the board commissioner,
together with a list of all the lands proposed to be exchanged and situated in
the county, and the county auditor shall post the same in the auditor's office
at least two weeks before the hearing.
The county auditor commissioner shall also cause a
copy of the notice, referring to the list of lands posted, to be published at
least two weeks before the hearing in a legal newspaper published in the
county. The cost of publication of the
notice shall be paid by the state out of any moneys appropriated for the
expenses of the board commissioner.
Sec. 84. Minnesota
Statutes 2004, section 94.343, subdivision 8, is amended to read:
Subd. 8. [PROPOSALS FOR
EXCHANGE.] The commissioner, with the approval of the board, may submit a
proposal for exchange of Class A land to any land owner concerned. Any land owner may submit to the
commissioner and the board a proposal for exchange in such form as the
commissioner, with the approval of the board, may prescribe.
Sec. 85. Minnesota
Statutes 2004, section 94.343, is amended by adding a subdivision to read:
Subd. 8a.
[FEES.] (a) When a private landowner or governmental unit, except the
state, presents to the commissioner an offer to exchange privately or publicly
held land for Class A land, the private landowner or governmental unit shall
pay to the commissioner a determination of value fee and survey fee of not less
than one-half of the cost of the determination of value and survey fees as
determined by the commissioner.
(b) Except as provided in paragraph
(c), any payment made under paragraph (a) shall be credited to the account from
which the expenses are paid and is appropriated for expenditure in the same
manner as other money in the account.
(c) The fees shall be refunded if the land exchange offer is
withdrawn by a private landowner or governmental unit before the money is
obligated to be spent.
Sec. 86. Minnesota
Statutes 2004, section 94.343, subdivision 10, is amended to read:
Subd. 10. [CONVEYANCE.]
Conveyance of Class A land given in exchange shall be made by deed executed by
the commissioner in the name of the state, with a certificate of unanimous
approval by the board appended. All
such deeds received by the state shall be recorded or registered in the county
in which the lands lie, and all recorded deeds and certificates of
registered title shall be filed in the office having custody of the state
public land records in the Department of Natural Resources.
Sec. 87. Minnesota
Statutes 2004, section 94.344, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EXCHANGE PROVISIONS.] Except as otherwise provided, Class B land, by
resolution of the county board of the county where the land is located and with
the unanimous approval of the Land Exchange Board, may be exchanged for any
publicly held or privately owned land in the same county. Class B land may be exchanged only if it
meets the requirements of subdivision 3 or 5.
Sec. 88. Minnesota
Statutes 2004, section 94.344, is amended by adding a subdivision to read:
Subd. 2a.
[VALUATION OF LANDS.] For an exchange involving Class B land for
Class A land, the value of the lands shall be determined by the commissioner,
with approval of the Land Exchange Board.
For purposes of the determination, the commissioner shall determine the
value of the state and tax-forfeited land proposed to be exchanged in the same
manner as Class A land. For all other
purposes, the county board shall appraise the state land and the land in the
proposed exchange in the same manner as tax-forfeited land to be offered for
sale. The determined values shall not
be conclusive, but shall be taken into consideration, together with such other
matters as may be deemed material, in determining the values for the purposes
of exchange.
Sec. 89. Minnesota
Statutes 2004, section 94.344, subdivision 3, is amended to read:
Subd. 3. [EXCHANGING
LAND OF SUBSTANTIALLY EQUAL VALUE REQUIRED OR LOWER VALUE.]
(a) Except as otherwise provided, Class B land may be exchanged only for land
of substantially equal value or greater value to the state, as
determined by the county board, with the approval of the commissioner and the
Land Exchange Board. For an exchange
involving Class B land for Class A or Class C land, the value of the lands
shall be determined by the commissioner, with approval of the Land Exchange
Board. For purposes of the
determination, the commissioner shall appraise the state and tax-forfeited land
proposed to be exchanged in the same manner as Class A land. For all other purposes, the county board
shall appraise the state land and the land in the proposed exchange in the same
manner as tax-forfeited land to be offered for sale. The appraised values shall not be conclusive, but shall be taken
into consideration, together with such other matters as may be deemed material,
in determining the values for the purposes of exchange.
(b) For the purposes of this subdivision, "substantially
equal value" means:
(1) where the lands being exchanged are both over 100 acres,
their values do not differ by more than ten percent; and
(2) in other cases, the values of the exchanged lands do not
differ by more than 20 percent.
(c) Class B land may be exchanged for land of lesser value
if the other party to the exchange pays to the state the amount of the
difference in value. Money received by
the county treasurer shall be disposed of in like manner as the proceeds of a
sale of tax-forfeited land.
Sec. 90. Minnesota
Statutes 2004, section 94.344, subdivision 5, is amended to read:
Subd. 5. [OBTAINING
EXCHANGING LAND OF GREATER VALUE.] (a) Class B land may be
exchanged for land of greater value only in case if the other
party to the exchange shall waive waives payment for the
difference.
(b) Except for Class A school trust land, Class B land may
be exchanged for Class A land of greater value if the county pays to the state
the difference in value.
(c) Class B land may be exchanged for United States-owned
land of greater value if the county agrees to pay the difference in value.
Sec. 91. Minnesota
Statutes 2004, section 94.344, subdivision 8, is amended to read:
Subd. 8. [PROPOSALS FOR
EXCHANGE.] By direction of the county board, the county auditor may
submit a proposal for exchange of Class B land to any land owner
concerned. Any land owner may file with
the county auditor a proposal for exchange for consideration by the county
board. Forms for such proposals
shall be prescribed by the commissioner.
Sec. 92. Minnesota
Statutes 2004, section 94.344, subdivision 10, is amended to read:
Subd. 10. [APPROVAL;
CONVEYANCE.] After approval by the county board, every proposal for the
exchange of Class B land shall be transmitted to the commissioner in such form
and with such information as the commissioner may prescribe for consideration
by the commissioner and by the board.
The county attorney's opinion on the title, with the abstract and other
evidence of title, if any, shall accompany the proposal. If the proposal be is approved
by the commissioner and the board and the title be is approved by
the attorney general, the same shall be certified to the commissioner of
revenue, who shall execute a deed in the name of the state conveying the land
given in exchange, with a certificate of unanimous approval by the board
appended, and transmit the deed to the county auditor to be delivered upon
receipt of a deed conveying to the state the land received in exchange,
approved by the county attorney; provided, that if any amount is due the state
under the terms of the exchange, the deed from the state shall not be executed
or delivered until such amount is paid in full and a certificate thereof by the
county auditor is filed with the commissioner of revenue. The county auditor shall cause all deeds
received by the state in such exchanges to be recorded or registered, and
thereafter shall file the deeds or the certificates of registered title in the
auditor's office. If the land received
by the county in the exchange is either Class A or Class C land,
the commissioner of revenue shall deliver the deed for the Class B land to the
commissioner of natural resources and following the recording of this deed, the
commissioner of natural resources shall deliver to the county auditor a deed
conveying the Class A or Class C land to the county auditor to be
recorded or registered, and afterwards file the deeds or the certificate of
registered title in the auditor's office.
Sec. 93. Minnesota
Statutes 2004, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b. [CITIZEN
OVERSIGHT SUBCOMMITTEES.] (a) The commissioner shall appoint subcommittees of
affected persons to review the reports prepared under subdivision 4; review the
proposed work plans and budgets for the coming year; propose changes in
policies, activities, and revenue enhancements or reductions; review other
relevant information; and make recommendations to the legislature and the
commissioner for improvements in the management and use of money in the game
and fish fund.
(b) The commissioner shall appoint the following subcommittees,
each comprised of at least three affected persons:
(1) a Fisheries Operations Subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp funding;
(2) a Wildlife Operations Subcommittee to review wildlife
funding, excluding activities related to migratory waterfowl, pheasant, and
turkey stamp funding and excluding review of the amounts available under
section 97A.075, subdivision 1, paragraphs (b) and (c);
(3) a Big Game Subcommittee to review the report required in
subdivision 4, paragraph (a), clause (2);
(4) an Ecological Services Operations Subcommittee to review
ecological services funding;
(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and Department of Natural Resources
administration;
(6) a subcommittee to review the trout and salmon stamp report
and address funding issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory waterfowl;
(8) a subcommittee to review the report on the pheasant stamp
and address funding issues related to pheasants; and
(9) a subcommittee to review the report on the turkey stamp and
address funding issues related to wild turkeys.
(c) The chairs of each of the subcommittees shall form a
Budgetary Oversight Committee to coordinate the integration of the subcommittee
reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; provide
a forum to address issues that transcend the subcommittees; and submit a report
for any subcommittee that fails to submit its report in a timely manner.
(d) The Budgetary Oversight Committee shall develop
recommendations for a biennial budget plan and report for expenditures on game
and fish activities. By August 15 of
each even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner and to the senate and house committees
with jurisdiction over natural resources finance.
(e) Each subcommittee shall choose its own chair, except that
the chair of the Budgetary Oversight Committee shall be appointed by the
commissioner and may not be the chair of any of the subcommittees.
(f) The Budgetary Oversight Committee must make recommendations
to the commissioner and to the senate and house committees with jurisdiction
over natural resources finance for outcome goals from expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other law
to the contrary, the Budgetary Oversight Committee and subcommittees do not
expire until June 30, 2005 2010.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 94. Minnesota
Statutes 2004, section 97A.061, is amended by adding a subdivision to read:
Subd. 6. [ANNUAL
APPROPRIATION FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding
subdivision 1, paragraph (c), for the payment made in fiscal year 2007 and each
year thereafter, the appraised value of the land acquired prior to July 1,
2004, shall be the value used for the payment made in fiscal year 2006.
Sec. 95. Minnesota
Statutes 2004, section 97A.071, subdivision 2, is amended to read:
Subd. 2. [REVENUE FROM
SMALL GAME LICENSE SURCHARGE AND LIFETIME LICENSES.] Revenue from the small
game surcharge and $6.50 annually from the lifetime fish and wildlife trust
fund, established in section 97A.4742, for each license issued under sections
97A.473, subdivisions 3 and 5, and 97A.474, subdivision 3, shall be credited to
the wildlife acquisition account and the money in the account shall be used
by is annually appropriated to the commissioner only for the
purposes of this section, and acquisition and development of wildlife lands
under section 97A.145 and maintenance of the lands, in accordance with
appropriations made by the legislature.
Sec. 96. Minnesota Statutes
2004, section 97A.075, subdivision 3, is amended to read:
Subd. 3. [TROUT AND
SALMON STAMP.] (a) Ninety percent of the revenue from trout and salmon stamps
must be credited to the trout and salmon management account. Money in the account may be used only for:
(1) the development, restoration, maintenance, improvement,
protection, and preservation of habitat for trout and salmon in
trout streams and lakes, including, but not limited to, evaluating habitat;
stabilizing eroding stream banks; adding fish cover; modifying stream channels;
managing vegetation to protect, shade, or reduce runoff on stream banks; and
purchasing equipment to accomplish these tasks;
(2) rearing of trout and salmon and, including
utility and service costs associated with coldwater hatchery buildings and
systems; stocking of trout and salmon in streams and lakes and Lake
Superior; and monitoring and evaluating stocked trout and salmon;
(3) acquisition of easements and fee title along trout waters;
(4) identifying easement and fee title areas along trout
waters; and
(5) research and special management projects on trout
streams, trout lakes, and Lake Superior and the anadromous portions
of its tributaries.
(b) Money in the account may not be used for costs unless they
are directly related to a specific parcel of land or body of water under
paragraph (a) or, to specific fish rearing activities under
paragraph (a), clause (2), or for costs associated with supplies and
equipment to implement trout and salmon management activities under paragraph
(a).
Sec. 97. Minnesota
Statutes 2004, section 97A.135, subdivision 2a, is amended to read:
Subd. 2a. [DISPOSAL OF
LAND IN WILDLIFE MANAGEMENT AREAS.] (a) The commissioner may sell or exchange
land in a wildlife management area authorized by designation under section
86A.07, subdivision 3, 97A.133, or 97A.145 if the commissioner vacates the
designation before the sale or exchange in accordance with this
subdivision. The designation may be
vacated only if the commissioner finds, after a public hearing, that the
disposal of the land is in the public interest.
(b) A sale under this subdivision is subject to sections 94.09
to 94.16. An exchange under this
subdivision is subject to sections 94.341 to 94.348 94.347.
(c) Revenue received from a sale authorized under paragraph (a)
is appropriated to the commissioner for acquisition of replacement wildlife
management lands.
(d) Land acquired by the commissioner under this subdivision
must meet the criteria in section 86A.05, subdivision 8, and as soon as
possible after the acquisition must be designated as a wildlife management area
under section 86A.07, subdivision 3, 97A.133, or 97A.145.
(e) In acquiring land under this subdivision, the commissioner
must give priority to land within the same geographic region of the state as
the land conveyed.
Sec. 98. Minnesota
Statutes 2004, section 97A.4742, subdivision 4, is amended to read:
Subd. 4. [ANNUAL
REPORT.] By December 15 each year, the commissioner shall submit a report to
the legislative committees having jurisdiction over environment and natural
resources appropriations and environment and natural resources policy. The report shall state the amount of revenue
received in and expenditures made from revenue transferred from the lifetime
fish and wildlife trust fund to the game and fish fund and shall describe
projects funded, locations of the projects, and results and benefits from the
projects. The report may be
included in the game and fish fund report required by section 97A.055,
subdivision 4. The commissioner shall
make the annual report available to the public.
Sec. 99. Minnesota
Statutes 2004, section 97A.485, subdivision 6, is amended to read:
Subd. 6. [LICENSES TO
BE SOLD AND ISSUING FEES.] (a) Persons authorized to sell licenses under this
section must issue the following licenses for the license fee and the following
issuing fees:
(1) to take deer or bear with firearms and by archery, the
issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take small game, to take fish by
angling or by spearing, and to trap fur-bearing animals, the issuing fee is $1;
(4) for a trout and salmon stamp that is not issued
simultaneously with an angling or sporting a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;
(5) for stamps other than a trout and salmon stamp, and for
a special season Canada goose license issued simultaneously with a
license, there is no fee; and
(6) for licenses, seals, tags, or coupons issued without
a fee under section 97A.441 or 97A.465, there is no an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;
(7) for lifetime licenses, there is no fee; and
(8) for all other licenses, permits, renewals, or
applications or any other transaction through the electronic licensing system
under this chapter or any other chapter when an issuing fee is not specified,
an issuing fee of 50 cents may be charged at the discretion of the authorized
seller.
(b) An issuing fee may not be collected for issuance of a trout
and salmon stamp if a stamp validation is issued simultaneously with the
related angling or sporting license.
Only one issuing fee may be collected when selling more than one trout
and salmon stamp in the same transaction after the end of the season for which
the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for
selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses
sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a commission for
selling the licenses.
(f) For duplicate licenses, including licenses issued without
a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in
books of ten licenses each to fishing guides operating charter boats upon
receipt of payment of all license fees, excluding the issuing fee required
under this section. Copies of sold and
unsold licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be maintained
by the commissioner for one year.
Sec. 100. Minnesota
Statutes 2004, section 97A.485, subdivision 7, is amended to read:
Subd. 7. [ELECTRONIC
LICENSING SYSTEM COMMISSION.] The commissioner shall retain for the operation
of the electronic licensing system a commission of 4.7 percent of the
commission established under section 84.027, subdivision 15, and issuing fees
collected by the commissioner on all license fees collected, excluding:
(1) the small game surcharge; and
(2) all issuing fees; and
(3) $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, and 13.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 101. Minnesota
Statutes 2004, section 97A.551, is amended by adding a subdivision to read:
Subd. 6.
[TAGGING AND REGISTRATION.] The commissioner may, by rule, require
persons taking, possessing, and transporting certain species of fish to tag the
fish with a special fish management tag and may require registration of tagged
fish. A person may not possess or
transport a fish species taken in the state for which a special fish management
tag is required unless a tag is attached to the fish in a manner prescribed by
the commissioner. The commissioner
shall prescribe the manner of issuance and the type of tag as authorized under
section 97C.087. The tag must be attached
to the fish as prescribed by the commissioner immediately upon reducing the
fish in possession and must remain attached to the fish until the fish is
processed or consumed. Species for
which a special fish management tag is required must be transported undressed.
Sec. 102.
Minnesota Statutes 2004, section 97B.015, subdivision 1, is amended to
read:
Subdivision 1.
[ESTABLISHMENT.] The commissioner shall make rules establishing establish
a statewide course in the safe use of firearms and identification of wild
mammals and birds. At least one
course must be held within the boundary of each school district. The courses must be conducted by the
commissioner in cooperation with other organizations. The courses must instruct youths in commonly accepted principles
of safety in hunting and handling common hunting firearms and identification of
various species of wild mammals and birds by sight and other unique
characteristics.
Sec. 103. Minnesota
Statutes 2004, section 97B.015, subdivision 2, is amended to read:
Subd. 2.
[ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] (a) The commissioner
shall appoint a qualified person from the Enforcement Division under civil
service rules as supervisor of hunting safety and prescribe the duties and
responsibilities of the position. The
commissioner shall determine and provide the Enforcement Division with the
necessary personnel for this section.
(b) The commissioner may appoint one or more county
directors of hunting safety in each county.
An appointed county director is responsible to the Enforcement Division. The Enforcement Division may appoint
instructors necessary for this section.
County directors and Instructors shall serve on a voluntary basis
without compensation. The Enforcement
Division must supply the materials necessary for the course. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom
portion of the training.
Sec. 104. Minnesota
Statutes 2004, section 97B.015, subdivision 5, is amended to read:
Subd. 5. [FIREARMS
SAFETY CERTIFICATE.] The commissioner shall issue a firearms safety certificate
to a person that satisfactorily completes the required course of
instruction. A person must be at least
age 11 to take the firearms safety course and may receive a firearms safety
certificate, but the certificate is not valid for hunting until the
person is at least reaches age 12. A person who is age 11 and has a firearms safety certificate
may purchase a deer, bear, turkey, or prairie chicken license that will become
valid when the person reaches age 12.
A firearms safety certificate issued to a person under age 12 by another
state as provided in section 97B.020 is not valid for hunting in
Minnesota until the person reaches age 12.
The form and content of the firearms safety certificate shall be
prescribed by the commissioner.
Sec. 105. Minnesota
Statutes 2004, section 97B.015, subdivision 7, is amended to read:
Subd. 7. [FEE FOR
DUPLICATE CERTIFICATE.] The commissioner shall collect a fee, to include a
$1 issuing fee for licensing agents, for issuing a duplicate firearms
safety certificate. The commissioner
shall establish a fee that neither significantly overrecovers nor underrecovers
costs, including overhead costs, involved in providing the service. The fee is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The commissioner may establish the fee
notwithstanding section 16A.1283. The
duplicate certificate fees, except for the issuing fee for licensing agents
under this subdivision, shall be deposited in the game and fish fund and,
except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, and issuing fees collected
by the commissioner, are appropriated annually to the Enforcement Division of
the Department of Natural Resources for the administration of the firearm
safety course program.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 106. Minnesota
Statutes 2004, section 97B.020, is amended to read:
97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
(a) Except as provided in this section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not obtain an annual
license to take wild animals by firearms unless the person has:
(1) a firearms safety certificate
or equivalent certificate,;
(2) a driver's license or identification card with a
valid firearms safety qualification indicator issued under section 171.07,
subdivision 13,;
(3) a previous hunting license, with a valid
firearms safety qualification indicator; or
(4) other evidence indicating that the person has
completed in this state or in another state a hunter safety course recognized
by the department under a reciprocity agreement or certified by the department
as substantially similar.
(b) A person who is on active duty and has successfully
completed basic training in the United States armed forces, reserve component,
or National Guard may obtain a hunting license or approval authorizing hunting
regardless of whether the person is issued a firearms safety certificate.
(b) (c) A person born after December 31, 1979,
may not use a lifetime license to take wild animals by firearms, unless the
person meets the requirements for obtaining an annual license under paragraph
(a) or (b).
Sec. 107. Minnesota
Statutes 2004, section 97B.025, is amended to read:
97B.025 [HUNTER AND TRAPPER EDUCATION.]
(a) The commissioner may establish education courses for
hunters and trappers. The commissioner
shall collect a fee from each person attending a course. A fee, to include a $1 issuing fee for
licensing agents, shall be collected for issuing a duplicate
certificate. The commissioner shall
establish the fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the
services. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner may establish the fees
notwithstanding section 16A.1283. The
fees, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the game and fish fund and the amount
thereof, except for the electronic licensing system commission established
by the commissioner under section 84.027, subdivision 15, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for
the administration of the program. In
addition to the fee established by the commissioner for each course, instructors
may charge each person up to the established fee amount for class materials and
expenses. School districts may
cooperate with the commissioner and volunteer instructors to provide space for
the classroom portion of the training.
(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper education
program. At a minimum, the program must
include at least six hours of classroom and in the field training. The program must include a review of state
trapping laws and regulations, trapping ethics, the setting and tending of
traps and snares, tagging and registration requirements, and the preparation of
pelts. The association shall be
responsible for all costs of conducting the education program, and shall not
charge any fee for attending the course.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 108. Minnesota
Statutes 2004, section 97C.085, is amended to read:
97C.085 [PERMIT REQUIRED FOR TAGGING FISH.]
A person may not tag or otherwise mark a live fish for
identification without a permit from the commissioner, except for special
fish management tags as authorized under section 97A.551.
Sec. 109.
[97C.087] [SPECIAL FISH MANAGEMENT TAGS.]
Subdivision 1.
[TAGS TO BE ISSUED.] If the commissioner determines it is necessary
to require that a species of fish be tagged with a special fish management tag,
the commissioner shall prescribe, by rule, the species to be tagged, tagging
procedures, and eligibility requirements.
Subd. 2.
[APPLICATION FOR TAG.] Application for special fish management tags
must be accompanied by a $5, nonrefundable application fee for each tag. A person may not make more than one tag
application each year. If a person
makes more than one application, the person is ineligible for a special fish
management tag for that season after determination by the commissioner, without
a hearing.
Sec. 110. Minnesota
Statutes 2004, section 97C.327, is amended to read:
97C.327 [MEASUREMENT OF FISH LENGTH.]
For the purpose of determining compliance with size limits for
fish in this chapter or in rules of the commissioner, the length of a fish must
be measured from the tip of the nose or jaw, whichever is longer, to the
farthest tip of the tail when fully extended.
Sec. 111. Minnesota
Statutes 2004, section 97C.395, subdivision 1, is amended to read:
Subdivision 1. [DATES
FOR CERTAIN SPECIES.] (a) The open seasons to take fish by angling are as
follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth
bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of
Memorial Day weekend to the third last Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3) for brown trout, brook trout, rainbow trout, and splake,
between January 1 to October 31 as prescribed by the commissioner by rule
except as provided in section 97C.415, subdivision 2; and
(4) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the
state where fish are spawning and closing the season will protect the resource.
Sec. 112. Minnesota
Statutes 2004, section 103F.535, subdivision 1, is amended to read:
Subdivision 1.
[RESERVATION OF MARGINAL LAND AND WETLANDS.] (a) Marginal land and
wetlands are withdrawn from sale or exchange unless:
(1) notice of the existence of the nonforested marginal land or
wetlands, in a form prescribed by the Board of Water and Soil Resources, is
provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form
prescribed by the Board of Water and Soil Resources, that precludes enrollment
of the land in a state-funded program providing compensation for conservation
of marginal land or wetlands.
(b) This section does not apply to transfers
of land by the Board of Water and Soil Resources to correct errors in legal
descriptions under section 103F.515, subdivision 8, or to transfers by the
commissioner of natural resources for:
(1) land that is currently in nonagricultural commercial use if
a restrictive covenant would interfere with the commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal descriptions
under section 84.0273;
(4) exchanges of nonagricultural land with the federal
government, or exchanges of Class A, Class B, and Class C riparian
nonagricultural land with local units of government under sections 94.342,
94.343, and 94.344, and 94.349;
(5) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10; and
(6) land not needed for trail purposes that is sold to adjacent
property owners and lease holders under section 85.015, subdivision 1,
paragraph (b).
(c) This section does not apply to transfers of land by the
commissioner of administration or transportation or by the Minnesota Housing
Finance Agency, or to transfers of tax-forfeited land under chapter 282 if:
(1) the land is in platted subdivisions; or
(2) the conveyance is a transfer to correct errors in legal
descriptions.
(d) This section does not apply to transfers of land by the
commissioner of administration or by the Minnesota Housing Finance Agency for:
(1) land that is currently in nonagricultural commercial use if
a restrictive covenant would interfere with the commercial use; or
(2) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10.
Sec. 113. Minnesota
Statutes 2004, section 103G.271, subdivision 6, is amended to read:
Subd. 6. [WATER USE
PERMIT PROCESSING FEE.] (a) Except as described in paragraphs (b) to (f), a
water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use
permit in force at any time during the year.
The schedule is as follows, with the stated fee in each clause applied
to the total amount appropriated:
(1) $101 for amounts not exceeding 50,000,000 gallons per year;
(2) $3 per 1,000,000 gallons for amounts greater than
50,000,000 gallons but less than 100,000,000 gallons per year;
(3) $3.50 per 1,000,000 gallons for amounts greater than
100,000,000 gallons but less than 150,000,000 gallons per year;
(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000
gallons but less than 200,000,000 gallons per year;
(5) $4.50 per 1,000,000 gallons for amounts greater than
200,000,000 gallons but less than 250,000,000 gallons per year;
(6) $5 per 1,000,000 gallons for amounts greater than
250,000,000 gallons but less than 300,000,000 gallons per year;
(7) $5.50 per 1,000,000 gallons for amounts greater than
300,000,000 gallons but less than 350,000,000 gallons per year;
(8) $6 per 1,000,000 gallons for amounts greater than
350,000,000 gallons but less than 400,000,000 gallons per year;
(9) $6.50 per 1,000,000 gallons for amounts greater than
400,000,000 gallons but less than 450,000,000 gallons per year;
(10) $7 per 1,000,000 gallons for amounts greater than
450,000,000 gallons but less than 500,000,000 gallons per year; and
(11) $7.50 per 1,000,000 gallons for amounts greater than
500,000,000 gallons per year.
(b) For once-through cooling systems, a water use processing
fee must be prescribed by the commissioner in accordance with the following
schedule of fees for each water use permit in force at any time during the
year:
(1) for nonprofit corporations and school districts, $150 per
1,000,000 gallons; and
(2) for all other users, $200 $300 per 1,000,000
gallons.
(c) The fee is payable based on the amount of water
appropriated during the year and, except as provided in paragraph (f), the
minimum fee is $100.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed
$250,000 per year;
(2) the fee for other entities for any permitted use may not
exceed:
(i) $50,000 per year for an entity holding three or fewer
permits;
(ii) $75,000 per year for an entity holding four or five
permits;
(iii) $250,000 per year for an entity holding more than five
permits;
(3) the fee for agricultural irrigation may not exceed $750 per
year;
(4) the fee for a municipality that furnishes electric service
and cogenerates steam for home heating may not exceed $10,000 for its permit
for water use related to the cogeneration of electricity and steam; and
(5) no fee is required for a project involving the
appropriation of surface water to prevent flood damage or to remove flood
waters during a period of flooding, as determined by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a
permit. A penalty of two percent per
month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees
due. A fee may not be imposed on an
agency, as defined in section 16B.01, subdivision 2, or federal governmental
agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued
for irrigation of agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive
days between May 1 and October 1. A
surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in June, July, and
August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation.
Sec. 114. Minnesota
Statutes 2004, section 103G.301, subdivision 2, is amended to read:
Subd. 2. [PERMIT
APPLICATION FEES.] (a) An application for a permit authorized under this
chapter, and each request to amend or transfer an existing permit, must be
accompanied by a permit application fee to defray the costs of receiving,
recording, and processing the application or request to amend or transfer.
(b) The fee to apply for a permit to appropriate water, a
permit to construct or repair a dam that is subject to dam safety inspection,
or a state general permit or to apply for the state water bank program is $75
$150. The application fee for a
permit to work in public waters or to divert waters for mining must be at least
$75 $150, but not more than $500 $1,000, according
to a schedule of fees adopted under section 16A.1285.
Sec. 115. Minnesota
Statutes 2004, section 103G.615, subdivision 2, is amended to read:
Subd. 2. [FEES.] (a)
The commissioner shall establish a fee schedule for permits to control or
harvest aquatic plants other than wild rice.
The fees must be set by rule, and section 16A.1283 does not apply. The fees may not exceed $750 per permit based
upon the cost of receiving, processing, analyzing, and issuing the permit, and
additional costs incurred after the application to inspect and monitor the
activities authorized by the permit, and enforce aquatic plant management rules
and permit requirements.
(b) The fee for a permit for the control of rooted aquatic
vegetation is $35 for each contiguous parcel of shoreline owned by an
owner. This fee may not be charged for
permits issued in connection with purple loosestrife control or lakewide
Eurasian water milfoil control programs.
(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(d) The money received for the permits under this subdivision
shall be deposited in the treasury and credited to the game and fish fund
water recreation account.
Sec. 116. Minnesota
Statutes 2004, section 103I.681, subdivision 11, is amended to read:
Subd. 11. [PERMIT FEE
SCHEDULE.] (a) The commissioner of natural resources shall adopt a permit fee
schedule under chapter 14. The schedule
may provide minimum fees for various classes of permits, and additional fees,
which may be imposed subsequent to the application, based on the cost of
receiving, processing, analyzing, and issuing the permit, and the actual
inspecting and monitoring of the activities authorized by the permit, including
costs of consulting services.
(b) A fee may not be imposed on a state or federal governmental
agency applying for a permit.
(c) The fee schedule may provide for the refund of a fee, in
whole or in part, under circumstances prescribed by the commissioner of natural
resources. Permit Fees received
must be deposited in the state treasury and credited to the general fund. The amount of money necessary to pay the
refunds is Permit fees received are appropriated annually from the
general fund to the commissioner of natural resources for the costs of
inspecting and monitoring the activities authorized by the permit, including
costs of consulting services.
Sec. 117. Minnesota
Statutes 2004, section 115.06, subdivision 4, is amended to read:
Subd. 4. [CITIZEN
MONITORING OF WATER QUALITY.] (a) The agency may encourage citizen monitoring
of ambient water quality for public waters by:
(1) providing technical assistance to citizen and local group
water quality monitoring efforts;
(2) integrating citizen monitoring data into water quality
assessments and agency programs, provided that the data adheres to agency
quality assurance and quality control protocols; and
(3) seeking public and private funds to:
(i) collaboratively develop clear guidelines for water quality
monitoring procedures and data management practices for specific data and
information uses;
(ii) distribute the guidelines to citizens, local governments,
and other interested parties;
(iii) improve and expand water quality monitoring activities
carried out by the agency; and
(iv) continue to improve electronic and Web access to water
quality data and information about public waters that have been either fully or
partially assessed.
(b) This subdivision does not authorize a citizen to enter onto
private property for any purpose.
(c) By January 15 of each odd-numbered year, the commissioner
shall report to the senate and house of representatives committees with
jurisdiction over environmental policy and finance on activities under this
section.
(d) This subdivision shall sunset June 30, 2005.
Sec. 118. Minnesota
Statutes 2004, section 115.551, is amended to read:
115.551 [TANK FEE.]
(a) An installer shall pay a fee of $25 for each septic
system tank installed in the previous calendar year. The fees required under this section must be paid to the
commissioner by January 30 of each year.
The revenue derived from the fee imposed under this section shall be
deposited in the environmental fund and is exempt from section 16A.1285.
(b) Notwithstanding paragraph (a), for the purposes of
performance-based individual sewage treatment systems, the tank fee is limited
to $25 per household system installation.
Sec. 119. Minnesota
Statutes 2004, section 115A.03, subdivision 21, is amended to read:
Subd. 21. [MIXED
MUNICIPAL SOLID WASTE.] (a) "Mixed municipal solid waste" means
garbage, refuse, and other solid waste from residential, commercial,
industrial, and community activities that the generator of the waste aggregates
for collection, except as provided in paragraph (b).
(b) Mixed municipal solid waste does not include auto hulks,
street sweepings, ash, construction debris, mining waste, sludges, tree and
agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and
filters, and other materials collected, processed, and disposed of as separate
waste streams, but does include source-separated compostable organic
materials.
Sec. 120. Minnesota
Statutes 2004, section 115A.03, subdivision 32a, is amended to read:
Subd. 32a.
[SOURCE-SEPARATED COMPOSTABLE MATERIALS.] "Source-separated compostable
organic materials" means mixed municipal solid waste that:
(1) is separated at the source by waste generators for the
purpose of preparing it for use as food for animals, or compost;
(2) is collected separately from other mixed municipal solid
wastes;
(3) is comprised of food wastes, fish and animal waste, plant
materials, yard waste, diapers, sanitary products, and paper that is not
recyclable because the director has determined that no other person is willing
to accept the paper for recycling; and
(4) is delivered to a facility to undergo undergoes
one of the following processes:
(i) controlled microbial degradation to yield a
humus-like product meeting the agency's class I or class II, or equivalent,
compost standards and where process residues do not exceed 15 percent by weight
of the total material delivered to the facility; or
(ii) controlled packaging separation followed by (A)
treatment, including heating and drying the material to less than ten percent
moisture, to insure that it meets the requirements of chapter 25 to be sold as
commercial feed; or (B) treatment in accordance with Minnesota Rules, part
1720.0930, to allow its use as food for livestock and poultry.
Sec. 121. Minnesota
Statutes 2004, section 115A.072, subdivision 1, is amended to read:
Subdivision 1.
[ENVIRONMENTAL EDUCATION ADVISORY BOARD.] (a) The director shall provide
for the development and implementation of environmental education programs that
are designed to meet the goals listed in section 115A.073.
(b) The Environmental Education Advisory Board shall advise the
director in carrying out the director's responsibilities under this
section. The board consists of 20
members as follows:
(1) a representative of the Pollution Control Agency, appointed
by the commissioner of the agency;
(2) a representative of the Department of Education, appointed
by the commissioner of education;
(3) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;
(4) a representative of the Department of Health, appointed by
the commissioner of health;
(5) a representative of the Department of Natural Resources,
appointed by the commissioner of natural resources;
(6) a representative of the Board of Water and Soil Resources,
appointed by that board;
(7) a representative of the Environmental Quality Board,
appointed by that board;
(8) a representative of the Board of Teaching, appointed by
that board;
(9) a representative of the University of Minnesota Extension
Service, appointed by the director of the service;
(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the K-12 system,
appointed by the director; and
(11) three at-large citizen members, appointed by the director.
The citizen members shall
serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The board expires on June 30, 2003 2008.
Sec. 122. Minnesota
Statutes 2004, section 115A.12, is amended to read:
115A.12 [ADVISORY COUNCILS.]
(a) The director shall establish a Solid Waste Management
Advisory Council and a Prevention, Reduction, and Recycling an
Environmental Innovations Advisory Council that are is
broadly representative of the geographic areas and interests of the state.
(b) The solid waste council shall have not less than nine
nor more than 21 members. The
membership of the solid waste council shall consist of one-third citizen
representatives, one-third representatives from local government units, and
one-third representatives from private solid waste management firms. The solid waste council shall contain at
least three members experienced in the private recycling industry and at least
one member experienced in each of the following areas: state and municipal
finance; solid waste collection, processing, and disposal; and solid waste
reduction and resource recovery.
(c) (b) The Prevention, Reduction, and
Recycling Environmental Innovations Advisory Council shall have not
less than nine nor or more than 24 members. The membership shall consist of one-third
citizen representatives, one-third representatives of government,
institutional, and one-third representatives of business and
industry representatives. The
director may appoint nonvoting members from other environmental and business
assistance providers in the state.
(d) (c) The chairs chair of the
advisory councils council shall be appointed by the
director. The director shall provide
administrative and staff services for the advisory councils council. The advisory councils council
shall have such duties as are assigned by law or the director. The Solid Waste Advisory Council shall
make recommendations to the office on its solid waste management
activities. The Prevention, Reduction,
and Recycling Environmental Innovations Advisory Council shall make
recommendations to the office on policy, programs, and legislation in pollution
prevention, waste reduction, reuse and, recycling, and
resource conservation, and the management of hazardous waste. The Environmental Innovations Advisory
Council shall focus on developing and implementing innovative programs that
improve Minnesota's environment by emphasizing front-end preventative, and
resource conservation approaches to preventing waste and pollution. The council shall emphasize partnerships of
government, citizens, institutions, and business to develop and implement these
programs. Members of the advisory councils
council shall serve without compensation but shall be reimbursed for
their reasonable expenses as determined by the director. Notwithstanding section 15.059, subdivision
5, the Solid Waste Management Advisory Council and the Prevention,
Reduction, and Recycling Environmental Innovations Advisory Council expire
expires June 30, 2003 2009.
Sec. 123.
Minnesota Statutes 2004, section 115A.545, subdivision 1, is amended to
read:
Subdivision 1.
[DEFINITION.] (a) For the purpose of this section, the following terms
have the meanings given them.
(b) "Processed" means mixed municipal solid waste
that has been:
(1) burned for energy recovery; or
(2) recovered for animals; or
(3) processed into usable compost or refuse derived
fuel.
(c) "Processing facility" means a facility designed
to burn mixed municipal solid waste for energy recovery or designed to process
mixed municipal solid waste into usable compost or refuse-derived fuel.
(d) "County" includes a consortium of counties
operating under a solid waste management joint powers agreement.
Sec. 124. Minnesota
Statutes 2004, section 115A.929, is amended to read:
115A.929 [FEES; ACCOUNTING.]
Each political subdivision that provides for solid waste
management shall account for all revenue collected from waste management fees,
together with interest earned on revenue from the fees, separately from other
revenue collected by the political subdivision and shall report revenue
collected from the fees and use of the revenue separately from other revenue
and use of revenue in any required financial report or audit. Each political subdivision must file with
the director, on or before June 30 annually, the separate report of all revenue
collected from waste management fees, together with interest on revenue from
the fees, for the previous year.
For the purposes of this section, "waste management fees"
means:
(1) all fees, charges, and surcharges collected under sections
115A.919, 115A.921, and 115A.923;
(2) all tipping fees collected at waste management facilities
owned or operated by the political subdivision;
(3) all charges imposed by the political subdivision for waste
collection and management services; and
(4) any other fees, charges, or surcharges imposed on waste or
for the purpose of waste management, whether collected directly from generators
or indirectly through property taxes or as part of utility or other charges for
services provided by the political subdivision.
Sec. 125. Minnesota
Statutes 2004, section 116P.02, is amended by adding a subdivision to read:
Subd. 4a.
[COUNCIL.] "Council" means the Minnesota Conservation
Heritage Council.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 126. Minnesota
Statutes 2004, section 116P.03, is amended to read:
116P.03 [TRUST FUND NOT TO SUPPLANT
EXISTING FUNDING.]
(a) The trust fund may not be used as a substitute for
traditional sources of funding environmental and natural resources activities,
but the trust fund shall supplement the traditional sources, including those
sources used to support the criteria in section 116P.08, subdivision 1 1a. The trust fund must be used primarily to
support activities whose benefits become available only over an extended period
of time.
(b) The commission must determine the amount of the state
budget spent from traditional sources to fund environmental and natural
resources activities before and after the trust fund is established and include
a comparison of the amount in the report under section 116P.09, subdivision 7.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 127. Minnesota
Statutes 2004, section 116P.04, subdivision 5, is amended to read:
Subd. 5. [AUDITS
REQUIRED.] The legislative auditor shall audit trust fund expenditures to
ensure that the money is spent for the purposes provided in the commission's
budget plan the Minnesota Constitution, article XI, section 14, and the
council's strategic plan developed under section 116P.08. In addition, the legislative auditor
shall audit the books and records of the council on an annual basis under
sections 3.971 and 3.972, subject to the resources of the legislative auditor,
to ensure that the expenditures and operations of the council are consistent
with the requirements of this chapter.
The legislative auditor may recoup the expenses for audits under this
subdivision from amounts available to the council under section 116P.061,
subdivision 6.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 128. Minnesota
Statutes 2004, section 116P.05, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a)
The commission shall recommend a budget plan for expenditures from the
environment and natural resources trust fund and shall adopt a strategic plan
as provided in section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the state land and water conservation account in the natural resources
fund.
(c) It is a condition of acceptance of the appropriations made
from the Minnesota environment and natural resources trust fund, and oil
overcharge money under section 4.071, subdivision 2, that the agency or entity
receiving the appropriation must submit a work program and semiannual progress
reports in the form determined by the Legislative Commission on Minnesota
Resources, and comply with applicable reporting requirements under section
116P.16. None of the money provided
may be spent unless the commission has approved the pertinent work program.
(d) The peer review panel created under section 116P.08 must
also review, comment, and report to the commission on research proposals
applying for an appropriation from the oil overcharge money under section
4.071, subdivision 2.
(e) The commission may adopt operating procedures to fulfill
its duties under chapter 116P.
[EFFECTIVE DATE.] This
section is effective for interests in land acquired after June 30, 2005.
Sec. 129.
[116P.061] [MINNESOTA CONSERVATION HERITAGE COUNCIL.]
Subdivision 1.
[MEMBERSHIP.] (a) The Minnesota Conservation Heritage Council is
created pursuant to section 15.012, paragraph (a), and is governed by a council
of 11 members. The terms of members are
six years and until their successors have been appointed. Each member shall be appointed by the
governor with the advice and consent of the senate. Not more than six members shall belong to the same political
party. The governor shall select at
least one member from each congressional district.
(b) To be eligible for appointment to the council, a
prospective member must demonstrate expertise and experience in the science,
policy, or practice of the protection, conservation, preservation, and
enhancement of the state's air, water, land, fish, wildlife, and other natural
resources. Prior service on multimember
boards with grant-making responsibilities or prior experience in the management
of a business enterprise is also recommended.
(c) Except as provided in this section, the terms,
compensation, and removal of members and filling of vacancies on the council
shall be as provided in section 15.0575.
A member may be removed from the council upon a supermajority of eight
votes in favor of the removal of that member.
Subd. 2. [CHAIR;
VICE CHAIR.] The governor shall select a member to serve as chair for a term
concurrent with that of the governor.
If a vacancy occurs in the position of chair, the governor shall select
a new chair to complete the unexpired term.
The chair shall be the principal executive officer of the council and
shall preside at meetings of the council.
The chair shall organize the work of the council and may make
assignments to members, appoint committees, and give direction to the staff. The members of the council shall select a
vice chair.
Subd. 3.
[QUORUM.] Except when otherwise specified, a majority of the council
shall constitute a quorum and the act or decision of a majority of members
present, if at least a quorum is present, shall be the act or decision of the
council. If a vacancy exists on the
council, a majority of the remaining members constitutes a quorum. A supermajority of eight members in favor is
required for: (1) hiring or removing an
executive director for the council, if any; or (2) using funds for debt service
on bonds.
Subd. 4.
[GIFTS.] The council may accept and use grants of money or property
from the United States or other grantors for any purpose pertaining to the
activities of the council. Any money or
property so received is appropriated and dedicated for the purposes for which
it is granted and shall be expended or used solely for such purposes according
to federal laws and regulations pertaining thereto, subject to applicable state
laws and rules as to manner of expenditure or use. The council may make subgrants of any money received to other
agencies, units of local government, private individuals, private
organizations, and private nonprofit corporations. Appropriate funds and accounts shall be maintained by the
commissioner of finance to comply with this section. Lands and interests in lands received may be sold or exchanged
according to chapter 94.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 130. Minnesota
Statutes 2004, section 116P.07, is amended to read:
116P.07 [INFORMATION GATHERING.]
Subdivision 1.
[PUBLIC FORUMS.] The commission council may convene public
forums or employ other methods to gather information for establishing
priorities for funding.
Subd. 2.
[TECHNICAL ADVISORY COMMITTEE.] The council shall make use of
available expertise from educational, research, and technical organizations,
and state and federal environmental agencies, including the University of
Minnesota and other higher education institutions, to provide appropriate
independent expert advice on identifying natural resource priorities during
development of the strategic plan provided for in section 116P.08. The technical
advisory committee shall also review funding proposals and advise the council
on funding recommendations. The council
shall appoint the technical advisory committee and designate a chair. Compensation of advisory committee members
is governed by section 15.059, subdivision 3.
Subd. 3. [STATE
AGENCY LONG-TERM PRIORITIES.] State agencies with environmental programs and
responsibilities shall submit long-term priorities based on agency plans to the
council. The council may integrate
agency long-term priorities into the development of its strategic plan as
provided for in section 116P.08.
Subd. 4. [PUBLIC
PRIORITIES.] The council shall ask conservation and environmental
organizations to submit their long-term priorities and plans to the council,
which may be integrated into the council's strategic plan as provided for in
section 116P.08.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 131. Minnesota
Statutes 2004, section 116P.08, is amended by adding a subdivision to read:
Subd. 1a.
[APPROPRIATION AND EXPENDITURES.] (a) For the fiscal biennium
beginning July 1, 2007, and each biennium thereafter, the amount of the
environment and natural resources trust fund that is available for
appropriation under the terms of the Minnesota Constitution, article XI,
section 14, shall be appropriated by a law passed by the legislature and signed
by the governor to the council for expenditures to be made according to the
provisions of this section.
(b) The amount appropriated from the environment and natural
resources trust fund may be spent only for the public purpose of protection,
conservation, preservation, and enhancement of the state's air, water, land,
fish, wildlife, and other natural resources.
Expenditures made by the council under this section must be consistent
with the Minnesota Constitution, article XI, section 14, and the strategic plan
adopted under subdivision 3 and must demonstrate a direct benefit to the
state's natural resources.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 132. Minnesota
Statutes 2004, section 116P.08, is amended by adding a subdivision to read:
Subd. 1b. [WORK
PROGRAM; PROGRESS REPORTS.] It is a condition of acceptance of the
appropriations made from the Minnesota environment and natural resources trust
fund that the agency or entity receiving the appropriation must submit a work
program and semiannual progress reports in the form determined by the
council. None of the money provided may
be spent unless the council has approved the pertinent work program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 133. Minnesota
Statutes 2004, section 116P.08, subdivision 3, is amended to read:
Subd. 3. [STRATEGIC
PLAN REQUIRED.] (a) The commission council shall adopt a
strategic plan for making expenditures from the trust fund, including
identifying the priority areas for funding for the next six ten
years. The strategic plan must be
updated every two years. The plan is
advisory only The council shall make funding allocation decisions on at
least an annual basis.
(b) The commission council shall submit
the plan, as a recommendation, to the house of representatives Ways
and Means and senate Finance Committees chairs of the house of representatives
and senate committees with jurisdiction over environment and natural resources
policy and finance by January 1 15 of each odd-numbered year according
to section 116P.09, subdivision 7.
(b) The commission may accept or modify the draft of the strategic
plan submitted to it by the advisory committee before voting on the plan's
adoption.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 134. Minnesota
Statutes 2004, section 116P.08, subdivision 5, is amended to read:
Subd. 5. [PUBLIC
MEETINGS.] All advisory committee and commission council meetings
must be open to the public. The
commission shall attempt to meet at least once in each of the state's
congressional districts during each biennium.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 135. Minnesota
Statutes 2004, section 116P.08, subdivision 6, is amended to read:
Subd. 6. [PEER REVIEW.]
(a) Research proposals must include a stated purpose, timeline, potential
outcomes, and an explanation of the need for the research. All research proposals must be reviewed
by a peer review panel peer-reviewed before receiving an
appropriation. Peer reviews shall be
considered by the council in evaluating a research project proposal. The council shall establish a peer review
panel under subdivision 7 to assist its work.
(b) In conducting research proposal reviews, the peer review
panel A peer review report on a proposed research project, prepared for
a research proposal review, shall:
(1) comment on the methodology proposed and whether it can be
expected to yield appropriate and useful information and data; and
(2) comment on the need for the research and about similar
existing information available, if any; and
(3) report to the commission and advisory committee on
clauses (1) and (2).
(c) The peer review panel also must review completed
research proposals that have received an appropriation and comment and report
upon whether the project reached the intended goals.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 136. Minnesota
Statutes 2004, section 116P.08, subdivision 7, is amended to read:
Subd. 7. [PEER REVIEW
PANEL MEMBERSHIP.] (a) The peer review panel must consist of at least five
members who are knowledgeable in general research methods in the areas of
environment and natural resources. Not
more than two members of the panel may be employees of state agencies in
Minnesota.
(b) The commission council shall select a chair
every two years who shall be responsible for convening meetings of the panel as
often as is necessary to fulfill its duties as prescribed in this section. Compensation of panel members is governed by
section 15.059, subdivision 3.
(c) The peer review panel must review completed research
proposals that have received an appropriation and comment and report upon
whether the project reached the intended goals.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 137. Minnesota
Statutes 2004, section 116P.09, is amended to read:
116P.09 [ADMINISTRATION.]
Subdivision 1.
[ADMINISTRATIVE AUTHORITY.] The commission council may
appoint legal and other personnel and consultants necessary to carry out
functions and duties of the commission council. Permanent employees shall be in the
unclassified service. In addition, the commission
council may request staff assistance and data from any other agency of
state government as needed for the execution of the responsibilities of the commission
and advisory committee council and an agency must promptly furnish
it.
Subd. 2. [LIAISON
OFFICERS.] The commission council shall request each department
or agency head of all state agencies with a direct interest and responsibility
in any phase of environment and natural resources to appoint, and the latter
shall appoint for the agency, a liaison officer who shall work closely with the
commission council and its staff.
Subd. 3. [APPRAISAL AND
EVALUATION.] The commission council shall obtain and appraise
information available through private organizations and groups, utilizing to
the fullest extent possible studies, data, and reports previously prepared or
currently in progress by public agencies, private organizations, groups, and
others, concerning future trends in the protection, conservation, preservation,
and enhancement of the state's air, water, land, forests, fish, wildlife,
native vegetation, and other natural resources. Any data compiled by the commission council shall
be made available to any standing or interim committee of the legislature upon
the request of the chair of the respective committee.
Subd. 4. [PERSONNEL.]
Persons who are employed by a state agency to work on a project and are paid by
an appropriation from the trust fund are in the unclassified civil service, and
their continued employment is contingent upon the availability of money from
the appropriation. When the
appropriation has been spent, their positions must be canceled and the approved
complement of the agency reduced accordingly.
Part-time employment of persons for a project is authorized. The use of classified employees is
authorized when approved as part of the work program required by section 116P.05
116P.08, subdivision 2, paragraph (c) 1b.
Subd. 5.
[ADMINISTRATIVE EXPENSE.] The prorated expenses related to commission
council administration of the trust fund may not exceed an amount equal
to four percent of the amount available for appropriation of the trust fund for
the biennium.
Subd. 6. [CONFLICT OF
INTEREST.] (a) A commission council member, advisory
committee member, a peer review panelist, or an employee of the commission
council may not participate in or vote on a decision of the commission,
advisory committee, council or a peer review panel relating
to an organization in which the member, panelist, or employee has either a
direct or indirect personal financial interest. While serving on the legislative commission, advisory
committee, council or peer review panel, or being while
an employee of the commission council, a person shall avoid any
potential conflict of interest. A
conflict of interest exists if the person:
(1) would receive a direct or indirect personal financial
benefit from an entity proposing a project for funding by the council or from a
proposal under review for funding by the council;
(2) serves as an employee, consultant, or governing board
member of an entity proposing a project for funding by the council; or
(3) has a family relationship with a project proposer or a
staff or board member of an entity proposing a project for funding by the
council.
(b) The council must develop procedures to identify a
conflict of interest during the initial proposal review process. If a conflict is found to exist, the person
must notify the council in writing and may not advocate for or against the
proposal or vote on the proposal.
Subd. 7. [REPORT
REQUIRED.] The commission council shall, by January 15 of each
odd-numbered year, submit a report to the governor, the chairs of the house of
representatives appropriations and senate finance committees, and the
chairs of the house of representatives and senate committees on with
jurisdiction over environment and natural resources policy and finance. Copies of the report must be available to
the public. The report must include a
summary of the council's conservation achievements during the reporting period
and:
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the
trust fund during the preceding biennium and how the project relates to the
constitutional dedication of the trust fund and to the council's current
strategic plan;
(3) a summary of any research project completed in the
preceding biennium;
(4) recommendations to implement successful projects and
programs into a state agency's standard operations;
(5) to the extent known by the commission council,
descriptions of the projects anticipated to be supported by the trust fund
during the next biennium;
(6) the source and amount of all revenues collected and
distributed by the commission council, including all
administrative and other expenses;
(7) a description of the assets and liabilities of the trust
fund;
(8) any findings or recommendations that are deemed proper to
assist the legislature in formulating legislation;
(9) a list of all gifts and donations with a value over $1,000;
(10) a comparison of the amounts spent by the state for
environment and natural resources activities through the most recent fiscal
year; and
(11) a copy of the most recent compliance audit.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 138. Minnesota
Statutes 2004, section 116P.10, is amended to read:
116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]
This section applies to projects supported by the trust fund
and the oil overcharge money referred to in section 4.071, subdivision 2, each
of which is referred to in this section as a "fund." The trust fund owns and shall take
title to the percentage of a royalty, copyright, or patent resulting from a
project supported by the trust fund equal to the percentage of the
project's total funding provided by the trust fund. Cash receipts resulting from a royalty,
copyright, or patent, or the sale of the trust fund's rights to a
royalty, copyright, or patent, must be credited immediately to the principal of
the trust fund. Receipts from
Minnesota future resources fund projects must be credited to the trust fund. Before the council decides to fund a
project is included in the budget plan, the commission council
may vote to relinquish the ownership or rights to a royalty, copyright, or
patent resulting from a project supported by the trust fund to the
project's proposer when the amount of the original grant or loan, plus
interest, has been repaid to the trust fund.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 139. Minnesota
Statutes 2004, section 116P.11, is amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for the
budget plan developed by the commission council is as defined in
the Minnesota Constitution, article XI, section 14.
(b) Any appropriated funds not encumbered in the biennium in
which they are appropriated cancel and must be credited to the principal of the
trust fund.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 140. Minnesota
Statutes 2004, section 116P.12, subdivision 2, is amended to read:
Subd. 2. [APPLICATION
AND ADMINISTRATION.] (a) The commission council must adopt a
procedure for the issuance of the water system improvement loans by the Public
Facilities Authority.
(b) The commission council also must ensure that
the loans are administered according to its fiduciary standards and
requirements.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 141. Minnesota
Statutes 2004, section 116P.15, subdivision 2, is amended to read:
Subd. 2. [RESTRICTIONS;
MODIFICATION PROCEDURE.] (a) An interest in real property acquired with an
appropriation from the trust fund or the Minnesota future resources fund must
be used in perpetuity or for the specific term of an easement interest for the
purpose for which the appropriation was made.
(b) A recipient of funding who acquires an interest in real
property subject to this section may not alter the intended use of the interest
in real property or convey any interest in the real property acquired with the
appropriation without the prior review and approval of the commission council. The commission council shall
establish procedures to review requests from recipients to alter the use of or
convey an interest in real property.
These procedures shall allow for the replacement of the interest in real
property with another interest in real property meeting the following criteria:
(1) the interest is at least equal in fair market value, as
certified by the commissioner of natural resources, to the interest being
replaced; and
(2) the interest is in a reasonably equivalent location, and
has a reasonably equivalent usefulness compared to the interest being replaced.
(c) A recipient of funding who acquires an interest in real
property under paragraph (a) must separately record a notice of funding
restrictions in the appropriate local government office where the conveyance of
the interest in real property is filed.
The notice of funding agreement must contain:
(1) a legal description of the interest in real property
covered by the funding agreement;
(2) a reference to the underlying funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant agreement or
work program controlling the acquisition of the property. The interest in real property, or any portion
of the interest in real property, shall not be sold, transferred, pledged, or
otherwise disposed of or further encumbered without obtaining the prior written
approval of the Legislative Commission on Minnesota Resources council
or its successor. If the holder of the
interest in real property fails to comply with the terms and conditions of the
grant agreement or work program, ownership of the interest in real property
shall transfer to this state."
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 142. [116P.16]
[REAL PROPERTY INTEREST REPORT.]
By December 1 each year, a recipient of an appropriation
from the trust fund, that is used for the acquisition of an interest in real
property, must submit annual reports on the status of the real property to the
Legislative Commission on Minnesota Resources in a form determined by the
commission. The responsibility for
reporting under this section may be transferred by the recipient of the
appropriation to another person who holds the interest in the real property. To complete the transfer of reporting
responsibility, the recipient of the appropriation must:
(1) inform the person to whom the responsibility is
transferred of that person's reporting responsibility;
(2) inform the person to whom the responsibility is
transferred of the property restrictions under section 116P.15; and
(3) provide written notice to the commission of the transfer
of reporting responsibility, including contact information for the person to
whom the responsibility is transferred.
After the transfer, the
person who holds the interest in the real property is responsible for reporting
requirements under this section.
[EFFECTIVE DATE.] This
section is effective for interests in land acquired after June 30, 2005.
Sec. 143. Minnesota
Statutes 2004, section 168.1296, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS AND PROCEDURES.] (a) The registrar shall issue special critical
habitat license plates to an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van or of recreational equipment;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section 168.013;
(4) pays the fees required under this chapter;
(5) contributes a minimum of $30 annually
to the Minnesota critical habitat private sector matching account established
in section 84.943; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
(b) The critical habitat license application form must clearly
indicate that the annual contribution specified under paragraph (a), clause
(5), is a minimum contribution to receive the license plate and that the
applicant may make an additional contribution to the account.
(c) Owners of recreational equipment under paragraph (a),
clause (1), are eligible only for special critical habitat license plates for
which the designs are approved by the commissioner on or after January 1, 2006.
(d) Special critical habitat license plates, the designs for
which are approved by the commissioner on or after January 1, 2006, may be
personalized according to section 168.12, subdivision 2a.
Sec. 144. Minnesota
Statutes 2004, section 169A.63, subdivision 6, is amended to read:
Subd. 6. [VEHICLE
SUBJECT TO FORFEITURE.] (a) A motor vehicle is subject to forfeiture
under this section if it was used in the commission of a designated offense or
was used in conduct resulting in a designated license revocation.
(b) Motorboats subject to seizure and forfeiture under this
section also include their trailers.
Sec. 145. Minnesota
Statutes 2004, section 216B.2424, subdivision 1, is amended to read:
Subdivision 1.
[FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For the purposes of this section,
"farm-grown closed-loop biomass" means biomass, as defined in section
216C.051, subdivision 7, that:
(1) is intentionally cultivated, harvested, and prepared for
use, in whole or in part, as a fuel for the generation of electricity;
(2) when combusted, releases an amount of carbon dioxide that
is less than or approximately equal to the carbon dioxide absorbed by the
biomass fuel during its growing cycle; and
(3) is fired in a new or substantially retrofitted electric
generating facility that is:
(i) located within 400 miles of the site of the biomass
production; and
(ii) designed to use biomass to meet at least 75 percent of its
fuel requirements.
(b) The legislature finds that the negative environmental
impacts within 400 miles of the facility resulting from transporting and
combusting the biomass are offset in that region by the environmental benefits
to air, soil, and water of the biomass production.
(c) Among the biomass fuel sources that meet the requirements
of paragraph (a), clause clauses (1) and (2) are poplar, aspen,
willow, switch grass, sorghum, alfalfa, and cultivated prairie grass and
sustainably managed woody biomass.
(d) For the purpose of this section, "sustainably
managed woody biomass" means:
(1) brush, trees, and other biomass harvested from within
designated utility, railroad, and road rights-of-way;
(2) upland and lowland brush harvested
from lands incorporated into brushland habitat management activities of the
Minnesota Department of Natural Resources;
(3) upland and lowland brush harvested from lands managed in
accordance with Minnesota Department of Natural Resources "Best Management
Practices for Managing Brushlands";
(4) logging slash or waste wood that is created by harvest,
precommercial timber stand improvement to meet silvicultural objectives, or by
fire, disease, or insect control treatments, and that is managed in compliance
with the Minnesota Forest Resources Council's "Sustaining Minnesota Forest
Resources: Voluntary Site-Level Forest Management Guidelines for Landowners,
Loggers and Resource Managers" as modified by the requirement of this
subdivision; and
(5) trees or parts of trees that do not meet the utilization
standards for pulpwood, posts, bolts, or sawtimber as described in the
Minnesota Department of Natural Resources Division of Forestry Timber Sales
Manual, 1998, as amended as of May 1, 2005, and the Minnesota Department of
Natural Resources Timber Scaling Manual, 1981, as amended as of May 1, 2005,
except as provided in paragraph (a), clause (1), and this paragraph, clauses
(1) to (3).
Sec. 146. Minnesota
Statutes 2004, section 216B.2424, is amended by adding a subdivision to read:
Subd. 1a.
[MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This subdivision applies
only to a biomass project owned or controlled, directly or indirectly, by two
municipal utilities as described in subdivision 5a, paragraph (b).
(b) Woody biomass from state-owned land must be harvested in
compliance with an adopted management plan and a program of ecologically based
third-party certification.
(c) The project must prepare a fuel plan on an annual basis
after commercial operation of the project as described in the power contract
between the project and the public utility, and must also prepare annually
certificates reflecting the types of fuel used in the preceding year by the
project, as described in the power contract.
The fuel plans and certificates shall also be filed with the Minnesota
Department of Natural Resources and the Minnesota Department of Commerce within
30 days after being provided to the public utility, as provided by the power
contract. Any person who believes the
fuel plans, as amended, and certificates show that the project does not or will
not comply with the fuel requirements of this subdivision may file a petition
with the commission seeking such a determination.
(d) The wood procurement process must utilize third-party
audit certification systems to verify that applicable best management practices
were utilized in the procurement of the sustainably managed biomass. If there is a failure to so verify in any
two consecutive years during the original contract term, the farm-grown
closed-loop biomass requirements of subdivision 2 must be increased to 50
percent for the remaining contract term period; however, if in two consecutive
subsequent years after the increase has been implemented, it is verified that
the conditions in this subdivision have been met, then for the remaining
original contract term the closed-loop biomass mandate reverts to 25
percent. If there is a subsequent
failure to verify in a year after the first failure and implementation of the
50 percent requirement, then the closed-loop percentage shall remain at 50
percent for each remaining year of the contract term.
(e) In the closed-loop plantation, no transgenic plants may
be used.
(f) No wood may be harvested from any lands identified by
the final or preliminary Minnesota County Biological Survey as having statewide
significance as native plant communities, large populations or concentrations
of rare species, or critical animal habitat.
(g) A wood procurement plan must be
prepared every five years and public meetings must be held and written comments
taken on the plan and documentation must be provided on why or why not the
public inputs were used.
(h) Guidelines or best management practices for sustainably
managed woody biomass must be adopted by:
(1) the Minnesota Department of Natural Resources for managing
and maintaining brushland and open land habitat on public and private lands,
including, but not limited to, provisions of sections 84.941, 84.942, and
97A.125; and
(2) the Minnesota Forest Resources Council for logging
slash, using the most recent available scientific information regarding the
removal of woody biomass from forest lands, to sustain the management of forest
resources as defined by section 89.001, subdivisions 8 and 9, with particular
attention to soil productivity, biological diversity as defined by section
89A.01, subdivision 3, and wildlife habitat.
These guidelines must be completed by July 1, 2007, and the
process of developing them must incorporate public notification and comment.
(i) The University of Minnesota Initiative for Renewable
Energy and the Environment is encouraged to solicit and fund high-quality
research projects to develop and consolidate scientific information regarding
the removal of woody biomass from forest and brush lands, with particular
attention to the environmental impacts on soil productivity, biological
diversity, and sequestration of carbon.
The results of this research shall be made available to the public.
(j) The two utilities owning or controlling, directly or
indirectly, the biomass project described in subdivision 5a, paragraph (b),
fund or obtain funding of $150,000 by April 1, 2006, to complete the guidelines
or best management practices described in paragraph (h). The expenditures to be funded under this
paragraph do not include any of the expenditures to be funded under paragraph
(i).
Sec. 147. Minnesota
Statutes 2004, section 216B.2424, subdivision 2, is amended to read:
Subd. 2. [INTERIM
EXEMPTION.] (a) A biomass project proposing to use, as its primary fuel over
the life of the project, short-rotation woody crops, may use as an interim fuel
agricultural waste and other biomass which is not farm-grown closed-loop
biomass for up to six years after the project's electric generating facility
becomes operational; provided, the project developer demonstrates the project
will use the designated short-rotation woody crops as its primary fuel after
the interim period and provided the location of the interim fuel production
meets the requirements of subdivision 1, paragraph (a), clause (3).
(b) A biomass project proposing to use, as its primary fuel
over the life of the project, short-rotation woody crops, may use as an interim
fuel agricultural waste and other biomass which is not farm-grown closed-loop
biomass for up to three years after the project's electric generating facility
becomes operational; provided, the project developer demonstrates the project
will use the designated short-rotation woody crops as its primary fuel after
the interim period.
(c) A biomass project that uses an interim fuel under the terms
of paragraph (b) may, in addition, use an interim fuel under the terms of
paragraph (a) for six years less the number of years that an interim fuel was
used under paragraph (b).
(d) A project developer proposing to use an exempt interim fuel
under paragraphs (a) and (b) must demonstrate to the public utility that the
project will have an adequate supply of short-rotation woody crops which meet
the requirements of subdivision 1 to fuel the project after the interim period.
(e) If a biomass project using an
interim fuel under this subdivision is or becomes owned or controlled, directly
or indirectly, by two municipal utilities as described in subdivision 5a,
paragraph (b), the project is deemed to comply with the requirement under this
subdivision to use farm-grown closed-loop biomass as its primary fuel if
farm-grown closed-loop biomass comprises no less than 25 percent of the fuel
used over the life of the project. For
purposes of this subdivision, "life of the project" means 20 years
from the date the project becomes operational or the term of the applicable
power purchase agreement between the project owner and the public utility,
whichever is longer.
Sec. 148. Minnesota
Statutes 2004, section 216B.2424, subdivision 5a, is amended to read:
Subd. 5a. [REDUCTION OF
BIOMASS MANDATE.] (a) Notwithstanding subdivision 5, the biomass electric
energy mandate shall must be reduced from 125 megawatts to 110
megawatts.
(b) The Public Utilities Commission shall approve a request
pending before the Public Utilities commission as of May 15, 2003, for an
amendment amendments to and assignment of a contract for power
from power purchase agreement with the owner of a facility that uses
short-rotation, woody crops as its primary fuel previously approved to satisfy
a portion of the biomass mandate if the developer owner of the
project agrees to reduce the size of its project from 50 megawatts to 35
megawatts, while maintaining a an average price for energy at
or below the current contract price. in nominal dollars measured over
the term of the power purchase agreement at or below $104 per megawatt-hour,
exclusive of any price adjustments that may take effect subsequent to
commission approval of the power purchase agreement, as amended. The commission shall also approve, as
necessary, any subsequent assignment or sale of the power purchase agreement or
ownership of the project to an entity owned or controlled, directly or
indirectly, by two municipal utilities located north of Constitutional Route
No. 8, as described in section 161.114, which currently own electric and steam
generation facilities using coal as a fuel and which propose to retrofit their
existing municipal electrical generating facilities to utilize biomass fuels in
order to perform the power purchase agreement.
(c) If the power purchase agreement described in paragraph
(b) is assigned to an entity that is, or becomes, owned or controlled, directly
or indirectly, by two municipal entities as described in paragraph (b), and the
power purchase agreement meets the price requirements of paragraph (b), the
commission shall approve any amendments to the power purchase agreement
necessary to reflect the changes in project location and ownership and any
other amendments made necessary by those changes. The commission shall also specifically find that:
(1) the power purchase agreement complies with and fully
satisfies the provisions of this section to the full extent of its 35-megawatt
capacity;
(2) all costs incurred by the public utility and all amounts
to be paid by the public utility to the project owner under the terms of the
power purchase agreement are fully recoverable pursuant to section 216B.1645;
(3) subject to prudency review by the commission, the public
utility may recover from its Minnesota retail customers the Minnesota
jurisdictional portion of the amounts that may be incurred and paid by the
public utility during the full term of the power purchase agreement; and
(4) if the purchase power agreement meets the requirements
of this subdivision, it is reasonable and in the public interest.
(d) The commission shall specifically approve recovery by
the public utility of any and all Minnesota jurisdictional costs incurred by
the public utility to improve, construct, install, or upgrade transmission,
distribution, or other electrical facilities owned by the public utility or
other persons in order to permit interconnection of the retrofitted
biomass-fueled generating facilities or to obtain transmission service for the
energy provided by the facilities to the public utility pursuant to section
216B.1645, and shall disapprove any provision in the power purchase agreement that
requires the developer or owner of the project to pay the jurisdictional costs
or that permit the public utility to terminate the power purchase agreement as
a result of the existence of those costs or the public utility's obligation to
pay any or all of those costs.
Sec. 149. Minnesota
Statutes 2004, section 216B.2424, subdivision 6, is amended to read:
Subd. 6. [REMAINING
MEGAWATT COMPLIANCE PROCESS.] (a) If there remain megawatts of biomass power
generating capacity to fulfill the mandate in subdivision 5 after the
commission has taken final action on all contracts filed by September 1, 2000,
by a public utility, as amended and assigned, this subdivision governs
final compliance with the biomass energy mandate in subdivision 5 subject to
the requirements of subdivisions 7 and 8.
(b) To the extent not inconsistent with this subdivision, the
provisions of subdivisions 2, 3, 4, and 5 apply to proposals subject to this
subdivision.
(c) A public utility must submit proposals to the commission to
complete the biomass mandate. The
commission shall require a public utility subject to this section to issue a
request for competitive proposals for projects for electric generation
utilizing biomass as defined in paragraph (f) of this subdivision to provide
the remaining megawatts of the mandate.
The commission shall set an expedited schedule for submission of
proposals to the utility, selection by the utility of proposals or projects,
negotiation of contracts, and review by the commission of the contracts or
projects submitted by the utility to the commission.
(d) Notwithstanding the provisions of subdivisions 1 to 5 but
subject to the provisions of subdivisions 7 and 8, a new or existing facility
proposed under this subdivision that is fueled either by biomass or by
co-firing biomass with nonbiomass may satisfy the mandate in this section. Such a facility need not use biomass that
complies with the definition in subdivision 1 if it uses biomass as defined in
paragraph (f) of this subdivision.
Generating capacity produced by co-firing of biomass that is operational
as of April 25, 2000, does not meet the requirements of the mandate, except
that additional co-firing capacity added at an existing facility after April
25, 2000, may be used to satisfy this mandate.
Only the number of megawatts of capacity at a facility which co-fires
biomass that are directly attributable to the biomass and that become
operational after April 25, 2000, count toward meeting the biomass mandate in
this section.
(e) Nothing in this subdivision precludes a facility proposed
and approved under this subdivision from using fuel sources that are not
biomass in compliance with subdivision 3.
(f) Notwithstanding the provisions of subdivision 1, for
proposals subject to this subdivision, "biomass" includes farm-grown
closed-loop biomass; agricultural wastes, including animal, poultry, and plant
wastes; and waste wood, including chipped wood, bark, brush, residue wood, and
sawdust.
(g) Nothing in this subdivision affects in any way contracts
entered into as of April 25, 2000, to satisfy the mandate in subdivision 5.
(h) Nothing in this subdivision requires a public utility to
retrofit its own power plants for the purpose of co-firing biomass fuel, nor is
a utility prohibited from retrofitting its own power plants for the purpose of
co-firing biomass fuel to meet the requirements of this subdivision.
Sec. 150. Minnesota
Statutes 2004, section 216B.2424, subdivision 8, is amended to read:
Subd. 8. [AGRICULTURAL
BIOMASS REQUIREMENT.] Of the 125 megawatts mandated in subdivision 5, or 110
megawatts mandated in subdivision 5a, at least 75 megawatts of the
generating capacity must be generated by facilities that use agricultural
biomass as the principal fuel source.
For purposes of this subdivision, agricultural biomass includes only farm-grown
closed-loop biomass and agricultural waste, including animal, poultry, and
plant wastes. For purposes of this subdivision,
"principal fuel source" means a fuel source that satisfies at least
75 percent of the fuel requirements of an electric power generating facility. Nothing in this subdivision is intended to
expand the fuel source requirements of subdivision 5.
Sec. 151. Minnesota
Statutes 2004, section 282.08, is amended to read:
282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.]
The net proceeds from the sale or rental of any parcel of
forfeited land, or from the sale of products from the forfeited land, must be
apportioned by the county auditor to the taxing districts interested in the
land, as follows:
(1) the amounts necessary to pay the state general tax levy
against the parcel for taxes payable in the year for which the tax judgment was
entered, and for each subsequent payable year up to and including the year of
forfeiture, must be apportioned to the state;
(2) the portion required to pay any amounts included in the
appraised value under section 282.01, subdivision 3, as representing increased
value due to any public improvement made after forfeiture of the parcel to the
state, but not exceeding the amount certified by the clerk of the municipality
must be apportioned to the municipal subdivision entitled to it;
(3) the portion required to pay any amount included in the
appraised value under section 282.019, subdivision 5, representing increased
value due to response actions taken after forfeiture of the parcel to the
state, but not exceeding the amount of expenses certified by the Pollution
Control Agency or the commissioner of agriculture, must be apportioned to the
agency or the commissioner of agriculture and deposited in the fund from which
the expenses were paid;
(4) the portion of the remainder required to discharge any
special assessment chargeable against the parcel for drainage or other purpose
whether due or deferred at the time of forfeiture, must be apportioned to the
municipal subdivision entitled to it; and
(5) any balance must be apportioned as follows:
(i) The county board may annually by resolution set aside no
more than 30 percent of the receipts remaining to be used for timber forest
development on tax-forfeited land and dedicated memorial forests, to be
expended under the supervision of the county board. It must be expended only on projects approved by the
commissioner of natural resources improving the health and management of
the forest resource.
(ii) The county board may annually by resolution set aside no
more than 20 percent of the receipts remaining to be used for the acquisition
and maintenance of county parks or recreational areas as defined in sections
398.31 to 398.36, to be expended under the supervision of the county board.
(iii) Any balance remaining must be apportioned as
follows: county, 40 percent; town or
city, 20 percent; and school district, 40 percent, provided, however, that in
unorganized territory that portion which would have accrued to the township
must be administered by the county board of commissioners.
Sec. 152. Minnesota
Statutes 2004, section 282.38, subdivision 1, is amended to read:
Subdivision 1.
[DEVELOPMENT.] In any county where the county board by proper resolution
sets aside funds for timber forest development pursuant to
section 282.08, clause (3)(a) (5), item (i), or section 459.06,
subdivision 2, the Commission commissioner of Iron Range
resources and rehabilitation may upon request of the county board assist
said county in carrying out any project for the long range development of its timber
forest resources through matching of funds or otherwise, provided
that any such project shall first be approved by the commissioner of natural
resources.
Sec. 153. Minnesota
Statutes 2004, section 296A.18, subdivision 2, is amended to read:
Subd. 2. [MOTORBOAT.]
Approximately 1-1/2 percent of all gasoline received in this state and 1-1/2
percent of all gasoline produced or brought into this state, except gasoline
used for aviation purposes, is being used as fuel for the operation of
motorboats on the waters of this state and of the total revenue derived from
the imposition of the gasoline fuel tax for uses other than for aviation
purposes, 1-1/2 percent of such revenues is the amount of tax on fuel used in
motorboats operated on the waters of this state. The amount of unrefunded tax paid on gasoline used for motor boat
purposes as computed in this chapter shall be paid into the state treasury and
credited to a water recreation account in the special revenue fund for
acquisition, development, maintenance, and rehabilitation of sites for public
access and boating facilities on public waters; lake and river improvement; state
park development; and boat and water safety.
Sec. 154. Minnesota
Statutes 2004, section 349.12, subdivision 25, is amended to read:
Subd. 25. [LAWFUL
PURPOSE.] (a) "Lawful purpose" means one or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided that the
organization and expenditure or contribution are in conformity with standards
prescribed by the board under section 349.154, which standards must apply to
both types of organizations in the same manner and to the same extent;
(2) a contribution to an individual or family suffering from
poverty, homelessness, or physical or mental disability, which is used to
relieve the effects of that poverty, homelessness, or disability;
(3) a contribution to an individual for treatment for delayed
posttraumatic stress syndrome or a contribution to a program recognized by the
Minnesota Department of Human Services for the education, prevention, or
treatment of compulsive gambling;
(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited by this state
or any other state;
(5) a contribution to a scholarship fund for defraying the cost
of education to individuals where the funds are awarded through an open and
fair selection process;
(6) activities by an organization or a government entity which
recognize humanitarian or military service to the United States, the state of
Minnesota, or a community, subject to rules of the board, provided that the
rules must not include mileage reimbursements in the computation of the per
diem reimbursement limit and must impose no aggregate annual limit on the
amount of reasonable and necessary expenditures made to support:
(i) members of a military marching or color guard unit for
activities conducted within the state;
(ii) members of an organization solely for services performed
by the members at funeral services; or
(iii) members of military marching, color guard, or honor guard
units may be reimbursed for participating in color guard, honor guard, or
marching unit events within the state or states contiguous to Minnesota at a
per participant rate of up to $35 per diem;
(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided that such
facilities and activities do not discriminate on the basis of gender and the
organization complies with section 349.154;
(8) payment of local taxes authorized under this chapter, taxes
imposed by the United States on receipts from lawful gambling, the taxes
imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on
unrelated business income by section 290.05, subdivision 3;
(9) payment of real estate taxes and assessments on permitted
gambling premises wholly owned by the licensed organization paying the taxes,
or wholly leased by a licensed veterans organization under a national charter
recognized under section 501(c)(19) of the Internal Revenue Code, not to
exceed:
(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and
(ii) $35,000 per year for premises used for other forms of
lawful gambling;
(10) a contribution to the United States, this state or any of
its political subdivisions, or any agency or instrumentality thereof other than
a direct contribution to a law enforcement or prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered in common
membership for mutual support and edification in piety, worship, or religious
observances;
(12) payment of the reasonable costs of an audit required in
section 297E.06, subdivision 4, provided the annual audit is filed in a timely
manner with the Department of Revenue;
(13) a contribution to or expenditure on a wildlife
management project that benefits the public at-large, provided that the state
agency with authority over that wildlife management project approves the
project before the contribution or expenditure is made;
(14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining snowmobile trails
and all-terrain vehicle trails that are (1) grant-in-aid trails established under
section 85.019, or (2) other trails open to public use, including purchase or
lease of equipment for this purpose; projects or activities approved by
the commissioner of natural resources for:
(i) wildlife management projects that benefit the public at
large;
(ii) grant-in-aid trail maintenance and grooming established
under sections 84.83 and 84.927 and other trails open to public use, including
purchase or lease of equipment for this purpose; or
(iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural Resources,
including the Enforcement Division;
(15) (14) conducting nutritional programs, food
shelves, and congregate dining programs primarily for persons who are age 62 or
older or disabled;
(16) (15) a contribution to a community arts
organization, or an expenditure to sponsor arts programs in the community,
including but not limited to visual, literary, performing, or musical arts;
(17) (16) an expenditure by a licensed veterans
organization for payment of water, fuel for heating, electricity, and sewer
costs for a building wholly owned or wholly leased by and used as the primary
headquarters of the licensed veterans organization;
(18) (17) expenditure by a licensed veterans
organization of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to members and
spouses, held in recognition of military service. No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing the same
veterans post home; or
(19) (18) payment of fees authorized under this
chapter imposed by the state of Minnesota to conduct lawful gambling in
Minnesota.
(b) Notwithstanding paragraph (a), "lawful purpose"
does not include:
(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public office or for
the purpose of promoting or defeating a ballot question;
(2) any activity intended to influence an election or a
governmental decision-making process;
(3) the erection, acquisition, improvement, expansion, repair,
or maintenance of real property or capital assets owned or leased by an
organization, unless the board has first specifically authorized the
expenditures after finding that (i) the real property or capital assets will be
used exclusively for one or more of the purposes in paragraph (a); (ii) with
respect to expenditures for repair or maintenance only, that the property is or
will be used extensively as a meeting place or event location by other
nonprofit organizations or community or service groups and that no rental fee
is charged for the use; (iii) with respect to expenditures, including a
mortgage payment or other debt service payment, for erection or acquisition
only, that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and destroyed or made
uninhabitable by fire or natural disaster, provided that the expenditure may be
only for that part of the replacement cost not reimbursed by insurance; (iv)
with respect to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the erection or acquisition
is necessary to replace with a comparable building a building owned by the
organization that was acquired from the organization by eminent domain or sold
by the organization to a purchaser that the organization reasonably believed
would otherwise have acquired the building by eminent domain, provided that the
expenditure may be only for that part of the replacement cost that exceeds the
compensation received by the organization for the building being replaced; or
(v) with respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item (ii), an
organization has the option to apply the amount of the board-approved
expenditure to the erection or acquisition of a replacement building that is in
compliance with the Americans with Disabilities Act;
(4) an expenditure by an organization which is a contribution
to a parent organization, foundation, or affiliate of the contributing
organization, if the parent organization, foundation, or affiliate has provided
to the contributing organization within one year of the contribution any money,
grants, property, or other thing of value;
(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically authorized the
contribution. The board must authorize
such a contribution when requested to do so by the contributing organization
unless it makes an affirmative finding that the contribution will not be used
by the recipient organization for one or more of the purposes in paragraph (a);
or
(6) a contribution to a statutory or home rule charter city,
county, or town by a licensed organization with the knowledge that the
governmental unit intends to use the contribution for a pension or retirement
fund.
Sec. 155. Minnesota
Statutes 2004, section 462.357, subdivision 1e, is amended to read:
Subd. 1e.
[NONCONFORMITIES.] (a) Any nonconformity, including the lawful
use or occupation of land or premises existing at the time of the adoption of
an additional control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period
of more than one year; or
(2) any nonconforming use is destroyed by fire or other peril
to the extent of greater than 50 percent of its market value, and no building
permit has been applied for within 180 days of when the property is
damaged. In this case, a municipality may
impose reasonable conditions upon a building permit in order to mitigate any
newly created impact on adjacent property.
(b) Any subsequent use or occupancy
of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an
expansion or impose upon nonconformities reasonable regulations to prevent and
abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a
municipality from enforcing an ordinance that applies to adults-only
bookstores, adults-only theaters, or similar adults-only businesses, as defined
by ordinance.
(c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or expansion of
nonconforming uses and structures in floodplain areas to the extent necessary
to maintain eligibility in the National Flood Insurance Program and not
increase flood damage potential or increase the degree of obstruction to flood
flows in the floodway.
Sec. 156. [473.1565]
[METROPOLITAN AREA WATER SUPPLY PLANNING ACTIVITIES; ADVISORY COMMITTEE.]
Subdivision 1.
[PLANNING ACTIVITIES.] (a) The Metropolitan Council must carry out
planning activities addressing the water supply needs of the metropolitan area
as defined in section 473.121, subdivision 2.
The planning activities must include, at a minimum:
(1) development and maintenance of a base of technical
information needed for sound water supply decisions including surface and
groundwater availability analyses, water demand projections, water withdrawal
and use impact analyses, modeling, and similar studies;
(2) development and periodic update of a metropolitan area
master water supply plan that:
(i) provides guidance for local water supply systems and future
regional investments;
(ii) emphasizes conservation, interjurisdictional
cooperation, and long-term sustainability; and
(iii) addresses the reliability, security, and
cost-effectiveness of the metropolitan area water supply system and its local
and subregional components;
(3) recommendations for clarifying the appropriate roles and
responsibilities of local, regional, and state government in metropolitan area
water supply;
(4) recommendations for streamlining and consolidating
metropolitan area water supply decision-making and approval processes; and
(5) recommendations for the ongoing and long-term funding of
metropolitan area water supply planning activities and capital investments.
(b) The council must carry out the planning activities in
this subdivision in consultation with the metropolitan area water supply
advisory committee established in subdivision 2.
Subd. 2.
[ADVISORY COMMITTEE.] (a) A metropolitan area water supply advisory
committee is established to assist the council in its planning activities in
subdivision 1. The advisory committee
has the following membership:
(1) the commissioner of agriculture or the commissioner's
designee;
(2) the commissioner of health or the commissioner's
designee;
(3) the commissioner of natural
resources or the commissioner's designee;
(4) the commissioner of the pollution control agency or the
commissioner's designee;
(5) two officials of counties that are located in the
metropolitan area, appointed by the governor;
(6) five officials of noncounty local governmental units
that are located in the metropolitan area, appointed by the governor; and
(7) the chair of the Metropolitan Council or the chair's
designee, who is chair of the advisory committee.
A local government unit in each of the seven counties in the
metropolitan area must be represented in the seven appointments made under
clauses (5) and (6).
(b) Members of the advisory committee appointed by the
governor serve at the pleasure of the governor. Members of the advisory committee serve without compensation but
may be reimbursed for their reasonable expenses as determined by the
Metropolitan Council. The advisory
committee expires December 31, 2007.
(c) The council must consider the work and recommendations
of the advisory committee when the council is preparing its regional
development framework.
Subd. 3.
[REPORTS TO LEGISLATURE.] The council must submit reports to the
legislature regarding its findings, recommendations, and continuing planning
activities under subdivision 1. The
first report must be submitted to the legislature by the date the legislature
convenes in 2007 and subsequent reports must be submitted by such date every
five years thereafter.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 157. Minnesota
Statutes 2004, section 473.197, subdivision 4, is amended to read:
Subd. 4. [DEBT RESERVE;
LEVY.] To provide money to pay debt service on bonds issued under the credit
enhancement program if pledged revenues are insufficient to pay debt service
in repealed subdivision 1 of Minnesota Statutes 2004, section 473.197,
the council must maintain a debt reserve fund in the manner and with the
effect provided by section 118A.04 for public funds until such a reserve
is no longer pledged or otherwise needed to pay debt service on such bonds. To provide funds for the debt reserve
fund, the council may use up to $3,000,000 of the proceeds of solid waste bonds
issued by the council under section 473.831 before its repeal. To provide additional funds for the debt
reserve fund, the council may levy a tax on all taxable property in the
metropolitan area and must levy the tax If sums in the debt reserve fund
are insufficient to cure any deficiency in the debt service fund established
for the bonds, the council must levy a tax on all taxable property in the
metropolitan area in the amount needed to cure the deficiency. The tax authorized by this section does not
affect the amount or rate of taxes that may be levied by the council for other
purposes and is not subject to limit as to rate or amount.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 158. Minnesota
Statutes 2004, section 477A.12, is amended by adding a subdivision to read:
Subd. 4. [ANNUAL
APPROPRIATION FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding
subdivision 3, for the payment made in fiscal year 2007 and each year
thereafter, the appraised value of acquired natural resources land that was
acquired or received prior to July 1, 2004, shall be the value used for the
payment made in fiscal year 2006.
Sec. 159.
Minnesota Statutes 2004, section 477A.145, is amended to read:
477A.145 [INFLATION ADJUSTMENT.]
Subdivision 1.
[INFLATION ADJUSTMENT CALCULATION.] In 2001 and each year thereafter,
the amounts required to be adjusted for inflation in sections 477A.12 and
477A.14 shall be increased to an amount equal to: (1) the amount before the inflation adjustment multiplied by (2)
one plus the percentage increase in the implicit price deflator for government
consumption expenditures and gross investment for state and local governments
prepared by the Bureau of Economic Analysis of the United States Department of
Commerce for the period indicated below:
(i) the period starting with the first quarter of 1994 and
ending with the third quarter of the calendar year prior to the year in which
aid is paid, provided that lands acquired by the state under chapter 84A that
are designated as state parks, state recreation areas, scientific and natural
areas, or wildlife management areas are included in the definition of acquired
natural resource land under section 477A.11 for calculating payments in
calendar year 2001 and thereafter;
(ii) otherwise the period starting with the first quarter of
1987 and ending with the third quarter of the calendar year prior to the year
in which the aid is paid.
These adjusted amounts must
be rounded to the nearest one-tenth of a cent.
Subd. 2.
[ADJUSTMENTS FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding
subdivision 1, for the payments made in fiscal year 2007 and each year
thereafter, the inflation adjustments shall be the amounts determined for the
payment made in fiscal year 2006.
Sec. 160. Laws 2003,
chapter 128, article 1, section 9, subdivision 6, is amended to read:
Subd. 6. Recreation
7,622,000 5,870,000
Summary by Fund
Trust Fund 5,622,000 5,870,000
State Land and Conservation
Account (LAWCON)
2,000,000
(a) State Park and Recreation Area Land
Acquisition
$750,000 the first year and $750,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire in-holdings for state park and recreation areas. Land acquired with this appropriation must
be sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. This appropriation is available until June 30, 2006, at which
time the project must be completed and final products delivered, unless an
earlier date is specified in the work program.