.................... moves to amend H.F. No. 1097, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read:
Subd. 3. Duties.
(a) The commissioner shall:
(1) establish a clearinghouse and provide information, appropriate educational
opportunities and other assistance to individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;
(2) survey producers and support services and organizations to determine
information and research needs in the area of sustainable agricultural practices;
(3) demonstrate the on-farm applicability of sustainable agriculture practices to
conditions in this state;
(4) coordinate the efforts of state agencies regarding activities relating to sustainable
(5) direct the programs of the department so as to work toward the sustainability of
agriculture in this state;
(6) inform agencies of how state or federal programs could utilize and support
sustainable agriculture practices;
(7) work closely with farmers, the University of Minnesota, and other appropriate
organizations to identify opportunities and needs as well as assure coordination and
avoid duplication of state agency efforts regarding research, teaching, and extension
work relating to sustainable agriculture;
(8) work cooperatively with local governments and others to strengthen the
connection between farmers who practice sustainable farming methods and urban, rural,
and suburban consumers, including, but not limited to, promoting local farmers' markets
and community-supported agriculture; and
(9) report to the
Environmental Quality Board for review and then to the
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture every even-numbered year.
(b) The report under paragraph (a), clause (9), must include:
(1) the presentation and analysis of findings regarding the current status and trends
regarding the economic condition of producers; the status of soil and water resources
utilized by production agriculture; the magnitude of off-farm inputs used; and the amount
of nonrenewable resources used by Minnesota farmers;
(2) a description of current state or federal programs directed toward sustainable
agriculture including significant results and experiences of those programs;
(3) a description of specific actions the Department of Agriculture is taking in the
area of sustainable agriculture, including, but not limited to, specific actions to strengthen
the connection between sustainable farmers and consumers under paragraph (a), clause (8);
(4) a description of current and future research needs at all levels in the area of
sustainable agriculture; and
(5) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable resources.
Sec. 2. Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:
Subd. 6a. Review and ranking of applications.
(a) The commissioner shall chair
established in section
103F.761, subdivision 2 , paragraph (b),
purposes of reviewing and ranking applications and recommending to the commissioner
allocation amounts. The subcommittee consists of representatives of the Departments of
Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
of Water and Soil Resources; the Farm Service Agency and the Natural Resource
Conservation Service of the United States Department of Agriculture; the Association of
Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts;
and other agencies or associations the commissioner determines are appropriate.
(b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
criteria it determines appropriate in carrying out the review and ranking:
(1) whether the proposed activities are identified in a comprehensive water
management plan or other appropriate local planning documents as priorities;
(2) the potential that the proposed activities have for improving or protecting
(3) the extent that the proposed activities support areawide or multijurisdictional
approaches to protecting environmental quality based on defined watershed or similar
(4) whether the activities are needed for compliance with existing environmental
laws or rules;
(5) whether the proposed activities demonstrate participation, coordination, and
cooperation between local units of government and other public agencies;
(6) whether there is coordination with other public and private funding sources
(7) whether the applicant has targeted specific best management practices to resolve
specific environmental problems;
(8) past performance of the applicant in completing projects identified in prior
applications and allocation agreements; and
(9) whether there are off-site public benefits.
Sec. 3. Minnesota Statutes 2010, section 18B.03, subdivision 1, is amended to read:
Subdivision 1. Administration by commissioner.
The commissioner shall
administer, implement, and enforce this chapter and the Department of Agriculture is
the lead state agency for the regulation of pesticides. The commissioner has the sole
3.19regulatory authority over the terrestrial application of pesticides. A state agency other than
3.20the Department of Agriculture shall not regulate or require permits for the terrestrial
3.21application of pesticides.
Sec. 4. Minnesota Statutes 2010, section 18B.045, is amended to read:
3.2318B.045 PESTICIDE MANAGEMENT PLAN.
Subdivision 1. Development.
The commissioner shall develop a pesticide
management plan for the prevention, evaluation, and mitigation of occurrences of
pesticides or pesticide breakdown products in groundwaters and surface waters of the
state. The pesticide management plan must include components promoting prevention,
developing appropriate responses to the detection of pesticides or pesticide breakdown
products in groundwater and surface waters, and providing responses to reduce or
eliminate continued pesticide movement to groundwater and surface water. By September
1 of each even-numbered year, the commissioner must submit a status report
on the plan
3.32 to the Environmental Quality Board for review and then
to the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
Subd. 2. Coordination.
The pesticide management plan shall be coordinated
and developed with other state agency plans and with other state agencies
4.3 Environmental Quality Board
. In addition, the University of Minnesota Extension Service,
farm organizations, farmers, environmental organizations, and industry shall be involved
in the pesticide management plan development.
Sec. 5. Minnesota Statutes 2010, section 18E.06, is amended to read:
By December 1 of each year, the Agricultural Chemical Response Compensation
Board and the commissioner shall submit to the house of representatives Committee on
Ways and Means, the senate Committee on Finance, and
the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
, and the Environmental Quality Board
a report detailing the board's activities
and reimbursements and the expenditures and activities associated with the commissioner's
incident response program for which money from the account has been spent during
the previous year.
Sec. 6. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
4.18 Subd. 1a. Definitions. For the purpose of this section:
4.19(1) "biobutanol facility" means a facility at which biobutanol is produced; and
4.20(2) "biobutanol" means fermentation isobutyl alcohol that is derived from
4.21agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
4.22forest products; or other renewable resources, including residue and waste generated
4.23from the production, processing, and marketing of agricultural products, forest products,
4.24and other renewable resources.
Sec. 7. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
Subdivision 1. Acquisition; designation.
The commissioner of natural resources
may acquire by gift, lease, easement, exchange,
or purchase, in the manner prescribed
under chapter 117, in the name of the state, lands or any interest in lands suitable and
desirable for establishing and maintaining scientific and natural areas. The commissioner
shall designate any land so acquired as a scientific and natural area by written order
published in the State Register and shall administer any land so acquired and designated as
provided by section
. Designations of scientific and natural areas are exempt from
the rulemaking provisions of chapter 14 and section
does not apply.
Sec. 8. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
Subd. 6. Management plans.
The commissioner shall develop in consultation with
the affected local government unit a management plan for each peatland scientific and
natural area designated under section
in a manner prescribed by section
The management plan shall address recreational trails. In those peatland scientific
and natural areas where no corridor of disturbance was used as a recreational trail on or
before January 1, 1992, the plan may permit only one corridor of disturbance, in each
peatland scientific and natural area, to be used as a recreational motorized trail.
Sec. 9. Minnesota Statutes 2010, 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
(b) For the purpose of administering the program and to defray
a portion of
expenses of training and certifying vehicle operators, the commissioner shall collect a fee
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
5.22 vehicle safety certificate both fees in a manner
that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the
5.24services. The fees are not subject to the rulemaking provisions of chapter 14 and section
5.2514.386 does not apply. The fees may be established by the commissioner notwithstanding
. 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 and the amount thereof, except for the electronic licensing system commission
5.29established by the commissioner under section 84.027, subdivision 15, and issuing fees
5.30collected by the commissioner, is appropriated annually to the Enforcement Division of
5.31the Department 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.
(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.
Sec. 10. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
6.9 Subd. 3a. Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally
6.10or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
6.11species using the "Recommended Uniform Minimum Protocol Standards" developed
6.12by the United States Fish and Wildlife Service, or other protocols, as prescribed by the
6.13commissioner. The commissioner may prescribe protocols in the same manner provided
6.14under section 84D.03, subdivision 1, paragraph (d), for designating infested waters.
6.15EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
Subd. 8a. Introduce.
"Introduce" means to place, release, or allow the escape of a
nonnative species into a free-living state. Introduce does not include:
6.19(1) the immediate return of a nonnative species to waters of the state from which the
6.20nonnative species was removed; or
6.21(2) the seasonal return of nonnative species attached to water-related equipment,
6.22such as a dock or boat lift, that has been stored on riparian property and directly returned
6.23to the same waters of the state from which the water-related equipment was removed.
6.24EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
6.27 Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
6.28determine whether aquatic invasive species, aquatic macrophytes, or water is present and
6.29includes removal, drainage, decontamination, or treatment to prevent the transportation
6.30and spread of aquatic invasive species, aquatic macrophytes, and water.
6.31EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 13. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
7.3 Subd. 8c. Inspector. "Inspector" means an individual trained and authorized by
7.4the commissioner to inspect water-related equipment, a conservation officer, or a licensed
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
7.9 Subd. 15a. Service provider. "Service provider" means an individual who installs
7.10or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers,
7.11or other water-related equipment or structures from waters of the state for compensation.
7.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 15. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
Subd. 16. Transport.
"Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not include:
of infested water or a nonnative
species within a water
of the state or to a connected water of the state where the species being transported is
7.20(2) the movement of a nonnative species attached to water-related equipment or
7.21other water-related structures from a water of the state to the shore of riparian property on
7.22that water or the return of water-related equipment or structures from the shore into the
7.23same water of the state.
7.24EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
7.27 Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
7.28vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
7.29any other associated equipment or container, including but not limited to portable bait
7.30containers, live wells, ballast tanks except for those vessels permitted under the Pollution
7.31Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
8.1is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
8.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
Subd. 21. Wild animal.
means a living creature, not human, wild by
8.6 nature, endowed with sensation and power of voluntary motion has the meaning given
8.7under section 97A.015, subdivision 55
8.8EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
Subd. 6. Annual report.
By January 15 each year, the commissioner shall submit a
report on invasive species of aquatic plants and wild animals to the legislative committees
having jurisdiction over environmental and natural resource issues. The report must
(1) detailed information on expenditures for administration, education, management,
inspections, and research;
(2) an analysis of the effectiveness of management activities conducted in the state,
including chemical control, harvesting, educational efforts, and inspections;
(3) information on the participation of other state agencies, local government units,
and interest groups in control efforts;
(4) information on the progress made in the management of each species; and
(5) an assessment of future management needs and additional measures to protect
8.22the state's water resources from human transport and introduction of invasive species
8.23EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
Subd. 3. Bait harvest from infested waters.
wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b) and section 97C.341
(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
8.30under section 17.4982, subdivision 6
wild animals may be permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section
, subject to rules adopted by the commissioner; and
(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.
9.5(c) Equipment authorized for minnow harvest in a designated infested water by
9.6permit issued under paragraph (b) may not be transported to, or used in, any waters other
9.7than waters specified in the permit.
9.8EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 20. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
9.11restrictions in infested and noninfested waters.
(a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section
, may not be used in any other waters. If
a commercial licensee operates in
an infested water designated because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section
all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in waters
designated as infested with invasive fish,
invertebrates, or certifiable diseases, as defined in section
, must be tagged with
tags provided by the commissioner, as specified in the commercial licensee's license or
, and may not be used in infested waters designated because the waters contain
9.22 invasive fish, invertebrates, or certifiable diseases, as defined in section
9.23tagging requirement does not apply to commercial fishing equipment used in Lake
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon notification, the commissioner may authorize
a commercial licensee to move nets or equipment to another water without freezing or
drying, if that water is designated as infested solely because it contains Eurasian water
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from 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.
10.5EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2010, section 84D.09, is amended to read:
10.784D.09 AQUATIC MACROPHYTES.
Subdivision 1. Transportation prohibited.
A person may not transport aquatic
on any state forest road as defined by section
89.001, subdivision 14 , any
10.10 road or highway as defined in section
160.02, subdivision 26 , or any other public road
except as provided in this section.
Subd. 2. Exceptions.
Unless otherwise prohibited by law, a person may transport
(1) that are duckweeds in the family Lemnaceae;
(2) for disposal as part of a harvest or control activity conducted under an aquatic
plant management permit pursuant to section
, under permit pursuant to section
, or as specified by the commissioner;
(3) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
(4) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;
(5) when harvested for personal or commercial use if in a motor vehicle;
(6) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;
(7) when transporting commercial aquatic plant harvesting or control
equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;
(8) that are wild rice harvested under section
(9) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
10.32(10) when removing water-related equipment from waters of the state for purposes
10.33of cleaning off aquatic macrophytes before leaving a water access site.
10.34EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
Subdivision 1. Launching prohibited.
A person may not place or attempt to
place into waters of the state a watercraft, a trailer, or aquatic
plant harvesting or control
equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
attached except as provided in this section.
11.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 23. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
Subd. 3. Removal and confinement. (a)
A conservation officer or other licensed
peace officer may order:
(1) the removal of aquatic macrophytes or prohibited invasive species from
11.11 or watercraft water-related equipment
before it is placed into waters of the state;
(2) confinement of the
watercraft water-related equipment
at a mooring, dock, or
other location until the
watercraft water-related equipment
is removed from the water;
(3) removal of
a watercraft water-related equipment
from waters of the state
to remove prohibited invasive species if the water has not been designated by the
commissioner as being infested with that species
11.17(4) a prohibition on placing water-related equipment into waters of the state when
11.18the water-related equipment has aquatic macrophytes or prohibited invasive species
11.19attached in violation of subdivision 1 or when water has not been drained or the drain plug
11.20has not been removed in violation of subdivision 4.
11.21(b) An inspector who is not a licensed peace officer may issue orders under
11.22paragraph (a), clauses (1), (3), and (4).
11.23EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
Subd. 4. Persons
leaving public waters; report transporting water-related
A person When
leaving waters of the state a person
equipment holding water and live wells and bilges by
removing the drain plug before transporting the
watercraft and associated water-related
on public roads off the water access site or riparian property
Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
watercraft on a public road water-related equipment
12.1(c) Emergency response vehicles and equipment may be transported on a public road
12.2with the drain plug or other similar device replaced only after all water has been drained
12.3from the equipment upon leaving the water body.
Marine sanitary systems
and portable bait containers
A person must not dispose of bait in waters of the state.
(b) The commissioner shall report, by January 15 of each odd-numbered year, to
12.8 the chairs and ranking minority members of the house of representatives and senate
12.9 committees and divisions having jurisdiction over water resources policy and finance. The
12.10 report shall advise the legislature on additional measures to protect state water resources
12.11 from human transport of invasive species.
12.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 25. [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED
12.15 Subdivision 1. Compliance inspections. Compliance with aquatic invasive species
12.16inspection requirements is an express condition of operating or transporting water-related
12.17equipment. An inspector may prohibit an individual who refuses to allow an inspection of
12.18the individual's water-related equipment or who refuses to remove and dispose of aquatic
12.19invasive species, aquatic macrophytes, and water from placing or operating water-related
12.20equipment in waters of the state.
12.21 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
12.22individuals to inspect water-related equipment for aquatic macrophytes, aquatic
12.23invasive species, and water. Inspectors may visually and tactilely inspect watercraft
12.24and water-related equipment to determine whether aquatic invasive species, aquatic
12.25macrophytes, or water is present. If a person transporting watercraft or water-related
12.26equipment refuses to take required corrective actions or fails to comply with an order
12.27under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall
12.28refer the violation to a conservation officer or other licensed peace officer.
12.29(b) In addition to paragraph (a), a conservation officer or other licensed peace officer
12.30may inspect any watercraft or water-related equipment that is stopped at a water access
12.31site or stopped at any other location in the state if the officer determines there is reason
12.32to believe that aquatic invasive species, aquatic macrophytes, or water is present on the
12.33watercraft or water-related equipment.
12.34(c) Conservation officers or other licensed peace officers may utilize check stations
12.35in locations, or in proximity to locations, where watercraft or other water-related
13.1equipment is placed into or removed from waters of the state. Any check stations shall be
13.2operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
13.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 26. [84D.108] SERVICE PROVIDER PERMIT.
13.5 Subdivision 1. Service provider permit required. (a) Service providers must apply
13.6for and obtain a permit from the commissioner before providing any services described in
13.7section 84D.01, subdivision 15a.
13.8(b) Service providers must have a valid permit in possession while providing
13.9services described in section 84D.01, subdivision 15a.
13.10 Subd. 2. Permit requirements. (a) Service providers must complete invasive
13.11species training provided by the commissioner and pass an examination to qualify for a
13.12permit. Service provider permits are valid for three calendar years.
13.13(b) A $50 application and testing fee is required for service provider permit
13.15 Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
13.16revoke a permit as provided in section 84D.11, subdivision 3.
13.17 Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
84D.11, subdivision 4.
Sec. 27. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
Subd. 2a. Harvest of bait from infested waters. (a)
The commissioner may issue
a permit to allow the harvest of bait from waters that are designated as infested waters,
except those designated because they contain prohibited invasive species of fish. The
permit shall include conditions necessary to avoid spreading aquatic invasive species.
Before receiving a permit, or working for a permittee,
a person annually
must satisfactorily complete aquatic invasive species-related training provided by the
Sec. 28. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
Subd. 3. Criminal penalties.
(a) A person who violates a provision of
84D.08 , or
84D.10 to 84D.11
, or a rule adopted under
, is guilty of a misdemeanor.
(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section
is guilty of a misdemeanor. A person who imports, purchases,
sells, or propagates a prohibited invasive species in violation of section
of a gross misdemeanor.
(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any
14.5 or plant harvesting water-related
equipment is guilty of a gross misdemeanor.
14.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 29. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
Subd. 4. Warnings; civil citations.
After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:
(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
(2) unlawfully places or attempts to place into waters of the state
a trailer, a
14.13 watercraft, or plant harvesting water-related
equipment that has aquatic macrophytes
or prohibited invasive species attached;
(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;
(4) fails to remove plugs, open valves, and
, as required by rule,
watercraft and water-related
equipment before leaving
designated zebra mussel, spiny
14.19 water flea, or other invasive plankton infested
waters of the state or when transporting
14.20water-related equipment as provided in section 84D.10, subdivision 4
(5) transports infested water, in violation of rule, off riparian property.
14.22EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 30. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
Subd. 5. Civil penalties.
A civil citation issued under this section must impose
the following penalty amounts:
(1) for transporting aquatic macrophytes
on a forest road as defined by section
14.27 89.001 , subdivision 14, road or highway as defined by section
160.02 , subdivision 26, or
14.28 any other public road, $50 in violation of section 84D.09, $50
(2) for placing or attempting to place into waters of the state
a watercraft, a trailer, or
14.30 aquatic plant harvesting water-related
equipment that has aquatic macrophytes attached,
(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $250;
(4) for placing or attempting to place into waters of the state
a watercraft, a trailer,
15.2 or aquatic plant harvesting water-related
equipment that has prohibited invasive species
attached when the waters are not designated by the commissioner as being infested with
that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to remove plugs, open valves, and
, as required by rule,
15.8 for infested waters and
watercraft and water-related
equipment, other than marine
and portable bait containers
, before leaving waters of the state, $50; and
(7) for transporting infested water off riparian property without a permit as required
by rule, $200.
15.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
Subd. 6. Watercraft license suspension.
A civil citation may be issued to suspend,
for up to a year, the watercraft license of an owner or person in control of a watercraft
or trailer who refuses to submit to an inspection under section
84D.02, subdivision 4 ,
or who refuses to comply with a removal order given under this
15.18EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 32. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
Subd. 7. Satisfaction of civil penalties.
A civil penalty is due and a watercraft
license suspension is effective 30 days after issuance of the civil citation. A civil penalty
collected under this section
is payable to must be paid to either: (1)
15.23if the citation was issued by a conservation officer
and must be credited to the invasive
.; or (2) the treasury of the unit of government employing the officer who
15.25issued the civil citation.
15.26EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 33. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
Subd. 2. Receipts.
Money received from surcharges on watercraft licenses under
86B.415, subdivision 7
civil penalties under section
84D.13, and service
15.30provider permits under section 84D.108,
shall be deposited in the invasive species account.
Each year, the commissioner of management and budget shall transfer from the game and
fish fund to the invasive species account, the annual surcharge collected on nonresident
fishing licenses under section
97A.475, subdivision 7
, paragraph (b).
In fiscal years 2010
16.2 and 2011, the commissioner of management and budget shall transfer $725,000 from the
16.3 water recreation account under section
86B.706 to the invasive species account.
16.4EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 34. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
Subd. 5. Motorized vehicle trails restricted.
(a) From December 1 to April 1 in
any year no use of a motorized vehicle other than a snowmobile, unless authorized by
or easement, shall be permitted on a trail designated for use by snowmobiles.
From December 1 to April 1 in any year
No use of a motorized vehicle other
than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
by permit, lease, or easement,
shall be permitted on a trail designated for use by all-terrain
vehicles, off-road vehicles, or both, and off-highway motorcycles.
Sec. 35. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
Subd. 4b. Regional trails.
The commissioner shall administer a program to
provide grants to units of government for acquisition and betterment of public land and
improvements needed for trails outside the metropolitan area deemed to be of regional
significance according to criteria published by the commissioner. Recipients must provide
a nonstate cash match of at least
one-half 25 percent
of total eligible project costs. If
land used for the trails is not in full public ownership, then the recipients must prove it
is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
make payment to a unit of government upon receiving documentation of reimbursable
expenditures. A unit of government may enter into a lease or management agreement
for the trail, subject to section
Sec. 36. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
Subd. 4c. Trail connections.
The commissioner shall administer a program to
provide grants to units of government for acquisition and betterment of public land and
improvements needed for trails that connect communities, trails, and parks and thereby
increase the effective length of trail experiences. Recipients must provide a nonstate cash
match of at least
one-half 25 percent
of total eligible project costs. If land used for the
trails is not in full public ownership, then the recipients must prove it is dedicated to the
purposes of the grants for at least 20 years. The commissioner shall make payment to a
unit of government upon receiving documentation of reimbursable expenditures. A unit
of government may enter into a lease or management agreement for the trail, subject
Sec. 37. Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read:
Subdivision 1. Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix,
Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine,
Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood,
Blue Earth, Cedar,
and Crow Rivers which have historic and scenic values and to mark
appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls,
whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft
Sec. 38. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
Subdivision 1. Establishment; membership.
The Mineral Coordinating Committee
is established to plan for diversified mineral development. The Mineral Coordinating
Committee consists of:
(1) the commissioner of natural resources;
commissioner of the Minnesota Pollution Control Agency;
(3) the director of United Steelworkers of America, District 11, or the director's
17.23 (4) (3)
the commissioner of Iron Range resources and rehabilitation;
the director of the Minnesota Geological Survey;
the dean of the University of Minnesota Institute of Technology;
the director of the Natural Resources Research Institute; and
(8) three (7) four
individuals appointed by the governor for a four-year term, one
each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
minerals industries within the state and one representing labor
Sec. 39. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
Subd. 3. Expiration.
15.059, subdivision 5
, or other law to
the contrary, the committee expires June 30,
Sec. 40. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b. Citizen oversight
(a) The commissioner
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
comprised of at least
(1) a Fisheries
Operations Subcommittee Oversight Committee
to review fisheries
funding and expenditures
activities related to trout and salmon stamp
and walleye stamp
(2) a Wildlife
Operations Subcommittee Oversight Committee
to review wildlife
funding and expenditures
activities related to migratory waterfowl,
pheasant, and wild turkey management
excluding review of the amounts
18.17 available under section
97A.075, subdivision 1 , paragraphs (b) and (c); deer and big
18.19 (3) a Big Game Subcommittee to review the report required in subdivision 4,
18.20 paragraph (a), clause (2);
18.21 (4) an Ecological Resources Subcommittee to review ecological services funding;
18.22 (5) a subcommittee to review game and fish fund funding of enforcement and
18.23 operations support;
18.24 (6) a subcommittee to review the trout and salmon stamp report and address funding
18.25 issues related to trout and salmon;
18.26 (7) a subcommittee to review the report on the migratory waterfowl stamp and
18.27 address funding issues related to migratory waterfowl;
18.28 (8) a subcommittee to review the report on the pheasant stamp and address funding
18.29 issues related to pheasants;
18.30 (9) a subcommittee to review the report on the wild turkey management account and
18.31 address funding issues related to wild turkeys; and
18.32 (10) a subcommittee to review the walleye stamp and address funding issues related
18.33 to walleye stocking
(c) The chairs
subcommittees Fisheries Oversight Committee and the
18.35Wildlife Oversight Committee, and four additional members from each committee,
form a Budgetary Oversight Committee to coordinate the integration of the
19.1fisheries and wildlife oversight committee
reports into an annual report to the legislature;
recommend changes on a broad level in policies, activities, and revenue enhancements or
provide a forum to address issues that transcend the
19.4 submit a report for any subcommittee that fails to submit its report in a timely manner
19.5fisheries and wildlife oversight committees
(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 of representatives committees with
jurisdiction over natural resources finance.
Each subcommittee shall choose its own chair, except that The chairs of the
19.12Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
19.13by their respective committees.
The chair of the Budgetary Oversight Committee shall
be appointed by the commissioner and may not be the chair of
any of the subcommittees
19.15either of the other oversight committees
(f) The Budgetary Oversight Committee
make recommendations to the
commissioner and to the senate and house of representatives 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
19.20Fisheries Oversight Committee, the Wildlife Oversight Committee, and
do not expire until June 30,
Sec. 41. [97A.134] ADOPT-A-WMA PROGRAM.
19.23 Subdivision 1. Creation. The Minnesota adopt-a-WMA (wildlife management area)
19.24program is established. The commissioner shall coordinate the program through the
19.25regional offices of the Department of Natural Resources.
19.26 Subd. 2. Agreements. (a) The commissioner shall enter into informal agreements
19.27with sporting, outdoor, business, and civic groups or individuals for volunteer services to
19.28maintain and make improvements to real property on state wildlife management areas in
19.29accordance with plans devised by the commissioner after consultation with the groups
19.31(b) The commissioner may erect appropriate signs to recognize and express
19.32appreciation to groups and individuals providing volunteer services under the
20.1(c) The commissioner may provide assistance to enhance the comfort and safety of
20.2volunteers and to facilitate the implementation and administration of the adopt-a-WMA
Sec. 42. Minnesota Statutes 2010, section 103A.204, is amended to read:
20.5103A.204 GROUNDWATER POLICY.
(a) The responsibility for the protection of groundwater in Minnesota is vested
in a multiagency approach to management. The following is a list of agencies and the
groundwater protection areas for which the agencies are primarily responsible; the list is
not intended to restrict the areas of responsibility to only those specified:
Environmental Quality Board Clean Water Council
: coordination of state
groundwater protection programs;
(2) Pollution Control Agency: water quality monitoring and reporting and the
development of best management practices and regulatory mechanisms for protection of
groundwater from nonagricultural chemical contaminants;
(3) Department of Agriculture: sustainable agriculture, integrated pest management,
water quality monitoring, and the development of best management practices and
regulatory mechanisms for protection of groundwater from agricultural chemical
(4) Board of Water and Soil Resources: reporting on groundwater education and
outreach with local government officials, local water planning and management, and
local cost share programs;
(5) Department of Natural Resources: water quantity monitoring and regulation,
sensitivity mapping, and development of a plan for the use of integrated pest management
and sustainable agriculture on state-owned lands; and
(6) Department of Health: regulation of wells and borings, and the development of
health risk limits under section
Environmental Quality Board Clean Water Council
shall prepare a report
on policy issues related to its responsibilities listed in paragraph (a), and include these
the assessments in section
the "Minnesota Water Plan" in
Sec. 43. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
Subd. 9. Powers and duties.
In addition to the powers and duties prescribed
elsewhere, the board shall:
(1) coordinate the water and soil resources planning activities of counties, soil and
water conservation districts, watershed districts, watershed management organizations,
and any other local units of government through its various authorities for approval of
local plans, administration of state grants, and by other means as may be appropriate;
(2) facilitate communication and coordination among state agencies
21.6 with the Environmental Quality Board,
and between state and local units of government,
in order to make the expertise and resources of state agencies involved in water and soil
resources management available to the local units of government to the greatest extent
(3) coordinate state and local interests with respect to the study in southwestern
Minnesota under United States Code, title 16, section 1009;
(4) develop information and education programs designed to increase awareness
of local water and soil resources problems and awareness of opportunities for local
government involvement in preventing or solving them;
(5) provide a forum for the discussion of local issues and opportunities relating
to water and soil resources management;
(6) adopt an annual budget and work program that integrate the various functions
and responsibilities assigned to it by law; and
(7) report to the governor and the legislature by October 15 of each even-numbered
year with an assessment of board programs and recommendations for any program
changes and board membership changes necessary to improve state and local efforts
in water and soil resources management.
The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized purpose. The board may enter into a contract or agreement necessary or
appropriate to accomplish the transfer. The board may receive and expend money to
acquire conservation easements, as defined in chapter 84C, on behalf of the state and
federal government consistent with the Camp Ripley's Army Compatible Use Buffer
Any money received is hereby deposited in an account in a fund other than the
general fund and appropriated and dedicated for the purpose for which it is granted.
Sec. 44. Minnesota Statutes 2010, section 103B.151, is amended to read:
21.33103B.151 COORDINATION OF WATER RESOURCE PLANNING.
Subdivision 1. Water planning.
Environmental Quality Board Clean Water
(1) coordinate public water resource management and regulation activities among
the state agencies having jurisdiction in the area;
(2) coordinate comprehensive long-range water resources planning in furtherance of
the Environmental Quality Board's "Minnesota Water Plan," published in January 1991,
September 15, 2000, and each ten-year interval afterwards incorporating long-range
22.6planning in the council's implementation plan required under section 114D.30, subdivision
(3) coordinate water planning activities of local, regional, and federal bodies with
state water planning and integrate these plans with state strategies;
(4) coordinate development of state water policy recommendations and priorities,
and a recommended program for funding identified needs, including priorities for
implementing the state water resources monitoring plan;
(5) administer federal water resources planning with multiagency interests;
(6) ensure that groundwater quality monitoring and related data is provided and
integrated into the Minnesota land management information system according to
published data compatibility guidelines. Costs of integrating the data in accordance with
data compatibility standards must be borne by the agency generating the data;
(7) coordinate the development and evaluation of water information and education
materials and resources; and
(8) coordinate the dissemination of water information and education through
existing delivery systems.
Subd. 2. Governor's representative.
Environmental Quality Board
22.23Clean Water Council
chair shall represent the governor on interstate water resources
Sec. 45. Minnesota Statutes 2010, section 103B.315, subdivision 5, is amended to read:
Subd. 5. State review.
(a) After conducting the public hearing but before final
adoption, the county board must submit its local water management plan, all written
comments received on the plan, a record of the public hearing under subdivision 4,
and a summary of changes incorporated as a result of the review process to the board
for review. The board shall complete the review within 90 days after receiving a local
water management plan and supporting documents. The board shall consult with the
Departments of Agriculture, Health, and Natural Resources; the Pollution Control Agency;
the Environmental Quality Board;
and other appropriate state agencies during the review.
(b) The board may disapprove a local water management plan if the board
determines the plan is not consistent with state law. If a plan is disapproved, the board
shall provide a written statement of its reasons for disapproval. A disapproved local water
management plan must be revised by the county board and resubmitted for approval by the
board within 120 days after receiving notice of disapproval of the local water management
plan, unless the board extends the period for good cause.
(c) If the local government unit disagrees with the board's decision to disapprove
the plan, it may, within 60 days, initiate mediation through the board's informal dispute
resolution process as established pursuant to section
103B.345, subdivision 1
. A local
government unit may appeal disapproval to the Court of Appeals. A decision of the board
on appeal is subject to judicial review under sections
Sec. 46. Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read:
Subd. 2. Powers.
Subject to the provisions of chapters 97A, 103D, 103E, 103G,
and 115, and the rules and regulations of the respective agencies and governing bodies
vested with jurisdiction and authority under those chapters, the district has the following
(1) regulate the types of boats permitted to use the lake and set service fees
(2) limit the use of motors, including their types and horsepower, on the lake;
(3) regulate, maintain, and police public beaches, public docks, and other public
facilities for access to the lake within the territory of the municipalities;
(4) limit by rule the use of the lake at various times and the use of various parts of
(5) regulate the speed of boats on the lake and the conduct of other activities on the
lake to secure the safety of the public and the most general public use;
(6) contract with other law enforcement agencies to police the lake and its shores;
(7) regulate the construction, installation, and maintenance of permanent and
temporary docks and moorings consistent with federal and state law;
(8) regulate the construction and use of mechanical and chemical means of deicing
the lake and to regulate the mechanical and chemical means of removal of weeds and
algae from the lake;
(9) regulate the construction, configuration, size, location, and maintenance of
commercial marinas and their related facilities including parking areas and sanitary
facilities. The regulation shall be consistent with the applicable municipal building codes
and zoning ordinances where said marinas are situated;
(10) contract with other governmental bodies to perform any of the functions
of the district;
(11) undertake research to determine the condition and development of the lake and
the water entering it and to transmit their studies to the Pollution Control Agency and other
interested authorities; and to develop a comprehensive program to eliminate pollution;
(12) receive financial assistance from and join in projects or enter into contracts
with federal and state agencies for the study and treatment of pollution problems and
demonstration programs related to them;
(13) petition the board of managers of a watershed district where the White Bear
Lake Conservation District is located for improvements under section
which a bond may not be required of the district; and
(14) to require the submission of all plans pertaining to or affecting construction or
other lakeshore use on any lot or parcel of land abutting the shoreline including: length
of setback from the shoreline, adjoining property, or any street or highway; problems of
population density; possible water, air or visual pollution; or height of construction. The
board shall have 60 days after submission of plans or any part thereof for review. If, within
60 days of submission the board finds the plan or any part is inconsistent with its plans or
ordinances, it may recommend that the plan or any part be revised and resubmitted.
Sec. 47. Minnesota Statutes 2010, section 103F.705, is amended to read:
It is the purpose of the legislature in enacting sections
and improve, enhance, and restore
surface and ground water in the
state, through financial and technical assistance to local units of government to
water pollution, including that
associated with land use and land management
24.24 (b) It is also the purpose of the legislature to:
24.25 (1) identify water quality problems and their causes;
24.26 (2) direct technical and financial resources to resolve water quality problems and to
24.27 abate their causes;
24.28 (3) provide technical and financial resources to local units of government for
24.29 implementation of water quality protection and improvement projects;
24.30 (4) coordinate a nonpoint source pollution control program with elements of the
24.31 existing state water quality program and other existing resource management programs;
24.33 (5) to
provide a legal basis for state implementation of federal laws controlling
nonpoint source water pollution.
Sec. 48. Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:
Subd. 8. Project.
"Project" means the
diagnostic study identification
caused by nonpoint sources of water pollution and its causes
, a plan to
25.4 best management practices prevent water pollution or protect and improve water quality
physical features constructed or actions taken by a local unit of government to
25.6 implement best management practices measures taken to prevent water pollution or
25.7protect and improve water quality
Sec. 49. Minnesota Statutes 2010, section 103F.715, is amended to read:
25.9103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
A clean water partnership program is established as provided in sections
. The agency shall administer the program in accordance with these
As a basis for the program, the agency and the Metropolitan Council shall
25.13 conduct an assessment of waters in accordance with section
The agency shall
provide financial and technical assistance in accordance with section
units of government for projects in geographical areas that contribute to surface or ground
water flows. The projects shall provide for protection
and improvement, enhancement, or
of surface and ground water
from nonpoint sources of water pollution
Sec. 50. Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:
Subdivision 1. Grants.
(a) The agency may award grants for up to 50 percent
of the eligible cost for
25.21 (1) the development of a diagnostic study and implementation plan; and
25.22 (2) the implementation of that plan.
(b) The agency shall determine which costs are eligible costs and grants shall be
made and used only for eligible costs.
Sec. 51. Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to
Subd. 1a. Loans.
(a) Up to
of the balance in the clean
water revolving fund in section
, as determined by the Public Facilities Authority,
may be provided to the commissioner for
the establishment of
a clean water partnership
(b) The agency may award loans for up to 100 percent of the costs associated with
activities identified by the agency as best management practices pursuant to section
319 and section 320 of the federal Water Quality Act of 1987, as amended, including
associated administrative costs.
(c) Loans may be used to finance clean water partnership grant project eligible costs
not funded by grant assistance.
(d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
shall be determined by the agency in consultation with the Public Facilities Authority.
(e) The repayment must be deposited in the clean water revolving fund under section
(f) The local unit of government receiving the loan is responsible for repayment of
(g) For the purpose of obtaining a loan from the agency, a local government unit
may provide to the agency its general obligation note. All obligations incurred by a local
government unit in obtaining a loan from the agency must be in accordance with chapter
475, except that so long as the obligations are issued to evidence a loan from the agency
to the local government unit, an election is not required to authorize the obligations
issued, and the amount of the obligations shall not be included in determining the net
indebtedness of the local government unit under the provisions of any law or chapter
limiting the indebtedness.
Sec. 52. Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:
Subd. 2. Eligibility; documents required.
(a) Local units of government are
26.21eligible to apply for assistance.
An applicant for assistance shall submit
26.22 to the agency:
an application a project proposal
form as prescribed by the agency; and
(2) evidence that the applicant has consulted with the involved
local soil and
water conservation districts and watershed districts, where they exist, in preparing the
26.27 (3) (b) The proposed project must be identified in at least
one of the following
the comprehensive water plan authorized under sections
a surface water management plan required under section
an overall plan required under chapter 103D;
26.33 (iv) (4)
any other local plan that provides an inventory of existing physical and
hydrologic information on the area, a general identification of water quality problems
and goals, and that demonstrates a local commitment to water quality protection
27.2 improvement., enhancement, or restoration;
27.3(5) an approved total maximum daily load (TMDL) or a TMDL implementation
27.5(6) a watershed protection and restoration strategy implementation plan.
27.6 (b) After July 1, 1991, only projects that are a part of, or are responsive to, a local
27.7 water plan under the Comprehensive Local Water Management Act, chapter 103D, or
103B.255 , will be eligible under paragraph (a), clause (3).
27.9 (c) The document submitted in compliance with paragraph (a), clause (2), must
27.10 identify existing and potential nonpoint source water pollution problems and must
27.11 recognize the need and demonstrate the applicant's commitment to abate or prevent water
27.12 pollution from nonpoint sources in the geographic areas for which the application is
Sec. 53. Minnesota Statutes 2010, section 103F.735, is amended to read:
27.15103F.735 AGENCY REVIEW OF
Subdivision 1. Ranking of
The agency shall rank
for technical and financial assistance in order of priority and shall,
within the limits of available appropriations, grant those
the highest priority. The agency shall by rule adopt appropriate criteria to determine
the priority of projects.
Subd. 2. Criteria.
(a) The criteria shall give the highest priority to projects that best
demonstrate compliance with the objectives in paragraphs (b) to
(b) The project demonstrates participation, coordination, and cooperation between
local units of government
other public agencies,
including soil and water conservation
27.25 districts or watershed districts, or both those districts and local stakeholders
(c) The degree of water quality
protection, enhancement, or
is maximized relative to the cost of implementing the best management
(d) Best management practices provide a feasible means to abate or prevent nonpoint
source water pollution.
(e) The project goals and objectives are consistent with the state water quality
27.32 management plans, the statewide resource assessment conducted under section
27.33 and other applicable state and local resource management programs.
Sec. 54. Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:
Subdivision 1. Implementation according to law and contract.
A local unit
of government receiving technical or financial assistance,
from the agency
shall carry out the
implementation plan project
approved by the agency according to the
terms of the plan, the provisions of a contract or grant agreement made with the agency
and according to sections
, the rules of the agency, and
applicable federal requirements.
Sec. 55. Minnesota Statutes 2010, section 103F.745, is amended to read:
(a) The agency shall adopt rules necessary to implement sections
. The rules shall contain at a minimum:
(1) procedures to be followed by local units of government in applying for technical
or financial assistance or both;
(2) conditions for the administration of assistance;
procedures for the development, evaluation, and implementation of best
28.15 management practices requirements for a project
requirements for a diagnostic study and implementation plan criteria for the
28.17evaluation and approval of a project
criteria for the evaluation and approval of a diagnostic study and implementation
28.20 (6) criteria for the evaluation of best management practices;
criteria for the ranking of projects in order of priority for assistance;
criteria for defining and evaluating eligible costs and cost-sharing by local
units of government applying for assistance;
28.24(7) requirements for providing measurable outcomes;
other matters as the agency and the commissioner find necessary for the proper
administration of sections
, including any rules determined
by the commissioner to be necessary for the implementation of federal programs to
28.28 nonpoint source water pollution protect, enhance, or restore water quality
(b) For financial assistance by loan under section
103F.725, subdivision 1a
established by rule
for the clean water partnership grants program
shall guide requirements
and administrative procedures
for the loan program until January 1, 1996, or the effective
28.32 date of the administrative rules
for the clean water partnership loan program
28.33 occurs first
Sec. 56. Minnesota Statutes 2010, section 103F.751, is amended to read:
29.1103F.751 NONPOINT SOURCE POLLUTION
29.2PLAN AND PROGRAM EVALUATION.
To coordinate the programs and activities used to control nonpoint sources of
pollution to achieve the state's water quality goals, the agency shall
develop a state plan for the control of nonpoint source water pollution to meet
the requirements of the federal Clean Water Act
29.7 (2) work through the Environmental Quality Board to coordinate the activities
29.8 and programs of federal, state, and local agencies involved in nonpoint source pollution
29.9 control and,
as appropriate, develop agreements with federal and state agencies to
accomplish the purposes and objectives of the state nonpoint source pollution
29.12 (3) evaluate the effectiveness of programs in achieving water quality goals
29.13 and recommend to the legislature, under section
3.195, subdivision 1 , any necessary
29.14 amendments to sections
Sec. 57. Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to
Subd. 10e. Local government unit.
"Local government unit" means:
(1) outside of the seven-county metropolitan area, a city council, county board of
commissioners, or a soil and water conservation district or their delegate;
(2) in the seven-county metropolitan area, a city council, a town board under section
, a watershed management organization under section
, or a soil and water
conservation district or their delegate;
(3) on state land, the agency with administrative responsibility for the land; and
29.24(4) for wetland banking projects established solely for replacing wetland impacts
29.25under a permit to mine under section 93.481, the commissioner of natural resources
Sec. 58. Minnesota Statutes 2010, section 103G.005, is amended by adding a
subdivision to read:
29.28 Subd. 10f. Electronic transmission. "Electronic transmission" means the transfer
29.29of data or information through an electronic data interchange system consisting of, but not
29.30limited to, computer modems and computer networks. Electronic transmission specifically
29.31means electronic mail, unless other means of electronic transmission are mutually agreed
29.32to by the sender and recipient.
Sec. 59. Minnesota Statutes 2010, section 103G.2212, is amended to read:
30.1103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS
30.2OR FILLS WETLANDS.
Subdivision 1. Conditions for employees and agents to drain or fill wetlands.
An agent or employee of another may not drain or fill a wetland, wholly or partially,
unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the wetland
replacement plan required for the work has been obtained or that a replacement plan
is not required; and
(2) mailed or sent by electronic transmission
a copy of the statement to the local
government unit with jurisdiction over the wetland.
Subd. 2. Violation is separate offense.
Violation of this section is a separate and
independent offense from other violations of sections
Subd. 3. Form for compliance with this section.
The board shall develop a form
to be distributed to contractors' associations, local government units, and soil and water
conservation districts to comply with this section. The form must include:
(1) a listing of the activities for which a replacement plan is required;
(2) a description of the penalties for violating sections
(3) the telephone number to call for information on the responsible local government
(4) a statement that national wetland inventory maps are on file with the soil and
water conservation district office; and
(5) spaces for a description of the work and the names, mailing addresses or other
, and telephone numbers of the person authorizing the work and the
agent or employee proposing to undertake it.
Sec. 60. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
Subdivision 1. Requirements.
(a) Wetlands must not be drained or filled, wholly
or partially, unless replaced by restoring or creating wetland areas of at least equal
public value under a replacement plan approved as provided in section
replacement plan under a local governmental unit's comprehensive wetland protection
and management plan approved by the board under section
, or, if a permit to
mine is required under section
, under a mining reclamation plan approved by
the commissioner under the permit to mine. For project-specific wetland replacement
30.33conducted under a permit to mine within the Great Lakes and Rainy River watershed
30.34basins, those basins shall be considered a single watershed for purposes of determining
30.35wetland replacement ratios.
Mining reclamation plans shall apply the same principles
and standards for replacing wetlands by restoration or creation of wetland areas that
are applicable to mitigation plans approved as provided in section
value must be determined in accordance with section
or a comprehensive
wetland protection and management plan established under section
also apply to excavation in permanently and semipermanently
flooded areas of types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in descending order
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section
103G.2241, subdivision 9
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that a deed restriction is placed on the altered wetland prohibiting
nonagricultural use for at least ten years.
(d) If a wetland is drained under section
103G.2241, subdivision 2
(b) and (e), the local government unit may require a deed restriction that prohibits
nonagricultural use for at least ten years unless the drained wetland is replaced as provided
under this section. The local government unit may require the deed restriction if it
determines the wetland area drained is at risk of conversion to a nonagricultural use within
ten years based on the zoning classification, proximity to a municipality or full service
road, or other criteria as determined by the local government unit.
(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill storm water management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland.
(f) Except as provided in paragraph (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.
(i) Except in a greater than 80 percent area, only wetlands that have been restored
from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules adopted under
103G.2242, subdivision 1
. Modification or conversion of nondegraded naturally
occurring wetlands from one type to another are not eligible for enrollment in a statewide
(j) The Technical Evaluation Panel established under section
, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.
(k) This section and sections
apply to the state and its departments and agencies.
(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the cost to the
board to establish credits. Proceeds from the sale of credits provided under this paragraph
are appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.
(m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on site;
(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section
. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.
Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.
Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
(n) If a landowner seeks approval of a replacement plan after the proposed project
has already affected the wetland, the local government unit may require the landowner to
replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
(o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.
(p) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis
of its percentage of presettlement wetlands remaining. In support of their petition, the
citizens shall provide satisfactory documentation to the local government unit. The local
government unit shall consider the petition and forward the request to the board under
paragraph (o) or provide a reason why the petition is denied.
Sec. 61. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
Subd. 3. Wetland replacement siting.
Siting wetland replacement Impacted
34.20wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less
34.21than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in
34.22a less than 50 percent area. All wetland replacement
must follow this priority order:
(1) on site or in the same minor watershed as the
(2) in the same watershed as the
(3) in the same county or wetland bank service area
for replacement by wetland banking, in the same wetland bank service area as
34.27 the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
34.28 a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
34.29 less than 50 percent area;
34.30 (5) for project specific replacement, in an adjacent watershed to the affected wetland,
34.31 or for replacement by wetland banking,
an adjacent another
wetland bank service
, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent
34.33 area and impacts in a less than 50 percent area must be replaced in a less than 50 percent
statewide for public transportation projects, except that wetlands
in less than 50 percent areas must be replaced in less than 50 percent areas, and
in the seven-county metropolitan area must be replaced at a
ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan
counties, or (iii) in one of the major watersheds that are wholly or partially within the
seven-county metropolitan area, but at least one to one must be replaced within the
seven-county metropolitan area.
Notwithstanding paragraph (a), siting wetland replacement in greater than 80
35.9 percent areas may follow the priority order under this paragraph: (1) by wetland banking
35.10 after evaluating on-site replacement and replacement within the watershed; (2) replaced
35.11 in an adjacent wetland bank service area if wetland bank credits are not reasonably
35.12 available in the same wetland bank service area as the affected wetland, as determined by
35.13 a comprehensive inventory approved by the board; and (3) statewide.
35.14 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
35.15 metropolitan area must follow the priority order under this paragraph: (1) in the affected
35.16 county; (2) in another of the seven metropolitan counties; or (3) in one of the major
35.17 watersheds that are wholly or partially within the seven-county metropolitan area, but at
35.18 least one to one must be replaced within the seven-county metropolitan area.
The exception in paragraph (a), clause
, does not apply to replacement
completed using wetland banking credits established by a person who submitted a
complete wetland banking application to a local government unit by April 1, 1996.
When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant
may seek opportunities at the next level.
For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological conditions and
require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland that will continue
(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and
(4) are available and capable of being done after taking into consideration cost,
existing technology, and logistics consistent with overall project purposes.
35.35(e) Applicants and local government units shall rely on board approved
35.36comprehensive inventories of replacement opportunities and watershed conditions,
36.1including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
36.22010), in determining whether reasonable, practicable, and environmentally beneficial
36.3replacement opportunities are available.
Regulatory agencies, local government units, and other entities involved in
wetland restoration shall collaborate to identify potential replacement opportunities within
their jurisdictional areas.
Sec. 62. Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to
Subd. 2a. Wetland boundary or type determination.
(a) A landowner may apply
for a wetland boundary or type determination from the local government unit. The
landowner applying for the determination is responsible for submitting proof necessary
to make the determination, including, but not limited to, wetland delineation field data,
observation well data, topographic mapping, survey mapping, and information regarding
soils, vegetation, hydrology, and groundwater both within and outside of the proposed
(b) A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
if necessary, expand the Technical Evaluation Panel. The local government unit may
delegate the decision authority for wetland boundary or type determinations to designated
staff, or establish other procedures it considers appropriate.
(c) The local government unit decision must be made in compliance with section
. Within ten calendar days of the decision, the local government unit decision must
be mailed or sent by electronic transmission
to the landowner, members of the Technical
Evaluation Panel, the watershed district or watershed management organization, if one
exists, and individual members of the public who request a copy.
Appeals of decisions made by designated local government staff must be made
36.27 to the local government unit. Notwithstanding any law to the contrary, a ruling on an
36.28 appeal must be made by the local government unit within 30 days from the date of the
36.29 filing of the appeal.
The local government unit decision is valid for
years unless the
Technical Evaluation Panel determines that natural or artificial changes to the hydrology,
vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.
Sec. 63. Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to
Subd. 6. Notice of application.
Except as provided in paragraph (b), within ten
37.2 days of receiving an
Application for approval of a replacement plan under this section
37.3must be reviewed by the local government according to section 15.99, subdivision 3,
Copies of the complete application must be mailed or sent by electronic
to the members of the Technical Evaluation Panel, the managers of the
watershed district if one exists, and the commissioner of natural resources. Individual
members of the public who request a copy shall be provided information to identify the
applicant and the location and scope of the project.
Within ten days of receiving an application for approval of a replacement plan
37.10 under this section for an activity affecting less than 10,000 square feet of wetland, a
37.11 summary of the application must be mailed to the members of the Technical Evaluation
37.12 Panel, individual members of the public who request a copy, and the commissioner
37.13 of natural resources.
For the purpose of this subdivision, "application" includes a revised application
for replacement plan approval and an application for a revision to an approved replacement
(1) the wetland area to be drained or filled under the revised replacement plan is at
least ten percent larger than the area to be drained or filled under the original replacement
(2) the wetland area to be drained or filled under the revised replacement is located
more than 500 feet from the area to be drained or filled under the original replacement plan.
Sec. 64. Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to
Subd. 7. Notice of decision.
Within ten days of the approval or denial of a
replacement plan under this section,
a summary of the approval or denial notice of the
must be mailed or sent by electronic transmission
to members of the Technical
Evaluation Panel, the applicant, individual members of the public who request a copy,
the managers of the watershed district, if one exists, and the commissioner of natural
Sec. 65. Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to
Appeal Appeals to the board.
(a) Appeal of a replacement plan,
exemption, wetland banking, wetland boundary or type determination, or
, or restoration order
may be obtained by mailing a petition and payment
of a filing fee, which shall be retained by the board to defray administrative costs, to
the board within 30 days after the postmarked date of the mailing or date of sending by
specified in subdivision 7. If appeal is not sought within 30 days,
the decision becomes final. If the petition for hearing is accepted, the amount posted must
be returned to the petitioner. Appeal may be made by:
(1) the wetland owner;
(2) any of those to whom notice is required to be mailed or sent by electronic
under subdivision 7; or
(3) 100 residents of the county in which a majority of the wetland is located.
(b) Within 30 days after receiving a petition, the board shall decide whether to
grant the petition and hear the appeal. The board shall grant the petition unless the board
(1) the appeal is
meritless without significant merit
, trivial, or brought solely for the
purposes of delay;
(2) the petitioner has not exhausted all local administrative remedies;
(3) expanded technical review is needed;
(4) the local government unit's record is not adequate; or
(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
by the local government unit.
(c) In determining whether to grant the appeal, the board, executive director, or
38.21dispute resolution committee
shall also consider the size of the wetland, other factors in
controversy, any patterns of similar acts by the local government unit or petitioner, and
the consequences of the delay resulting from the appeal.
All appeals If an appeal is granted, the appeal
must be heard by the committee
for dispute resolution of the board, and a decision must be
made by the board
days of filing the local government unit's record and the written briefs submitted for
the appeal and the hearing
. The decision must be served by mail
on or by electronic
the parties to the appeal, and is not subject to the provisions of chapter
14. A decision whether to grant a petition for appeal and a decision on the merits of an
appeal must be considered the decision of an agency in a contested case for purposes of
judicial review under sections
(e) Notwithstanding section
, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this subdivision. Fees
established under this authority shall not exceed $1,000. Establishment of the fee is not
subject to the rulemaking process of chapter 14 and section
does not apply.
Sec. 66. Minnesota Statutes 2010, section 103G.2242, is amended by adding a
subdivision to read:
39.3 Subd. 9a. Appeals of restoration or replacement orders. A landowner or other
39.4responsible party may appeal the terms and conditions of a restoration or replacement
39.5order within 30 days of receipt of written notice of the order. The time frame for the appeal
39.6may be extended beyond 30 days by mutual agreement, in writing, between the landowner
39.7or responsible party, the local government unit, and the enforcement authority. If the
39.8written request is not submitted within 30 days, the order is final. The board's executive
39.9director must review the request and supporting evidence and render a decision within 60
39.10days of receipt of a petition. A decision on an appeal must be considered the decision of an
39.11agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.
Sec. 67. Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to
Subd. 14. Fees established. (a)
Fees must be assessed for managing wetland bank
accounts and transactions as follows:
(1) account maintenance annual fee: one percent of the value of credits not to
(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not
to exceed $1,000 per establishment, deposit, or transfer; and
(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
39.21(b) The board may establish fees at or below the amounts in paragraph (a) for
39.22single-user or other dedicated wetland banking accounts.
39.23(c) Fees for single-user or other dedicated wetland banking accounts established
39.24pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment
39.25of a wetland banking account and are assessed at the rate of 6.5 percent of the value of
39.26the credits not to exceed $1,000.
Sec. 68. Minnesota Statutes 2010, section 103G.2251, is amended to read:
39.28103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK
In greater than 80 percent areas, preservation of wetlands
owned by the state or a
39.31 local unit of government,
protected by a permanent conservation easement as defined
and held by the board, may be eligible for wetland replacement
or mitigation credits, according to rules adopted by the board. To be eligible for credit
under this section, a conservation easement must be established after May 24, 2008,
and approved by the board. Wetland areas preserved under this section are not eligible
40.2for replacement or mitigation credit if the area has received financial assistance from
40.3a public conservation program.
Sec. 69. [103G.2373] ELECTRONIC TRANSMISSION.
40.5For purposes of sections 103G.2112 to 103G.2372, notices and other documents
40.6may be sent by electronic transmission unless the recipient has provided a mailing address
40.7and specified that mailing is preferred.
Sec. 70. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
Subd. 5. Demand for hearing.
(a) If a hearing is waived and an order is made
issuing or denying the permit, the applicant, the managers of the watershed district, the
board of supervisors of the soil and water conservation district, or the
mayor council or
of the municipality may file a demand for hearing on the application. The demand
for a hearing must be filed within 30 days after mailed notice of the order with the bond
required by subdivision 6.
(b) The commissioner must give notice as provided in subdivision 2, hold a hearing
on the application, and make a determination on issuing or denying the permit as though
the previous order had not been made.
(c) The order issuing or denying the permit becomes final at the end of 30 days after
mailed notice of the order to the applicant, the managers of the watershed district, the
board of supervisors of the soil and water conservation district, or the
mayor council or
of the municipality, and an appeal of the order may not be taken if:
(1) the commissioner waives a hearing and a demand for a hearing is not made; or
(2) a hearing is demanded but a bond is not filed as required by subdivision 6.
Sec. 71. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
Authorization Issuance; validity.
(a) The commissioner may issue
permits, with or without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.
(b) Application for a permit must be accompanied by a permit fee, if required.
41.1(c) An aquatic plant management permit is valid for one growing season and expires
41.2on December 31 of the year it is issued unless the commissioner stipulates a different
41.3expiration date in rule or in the permit.
41.4EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 72. Minnesota Statutes 2010, section 103G.615, is amended by adding a
subdivision to read:
41.7 Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
41.8management permit" means an aquatic plant management permit as defined in Minnesota
41.9Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic
41.10plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
41.11the invasive aquatic plant.
41.12(b) The commissioner may waive the dated signature of approval requirement in
41.13Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management
41.14permits if obtaining signatures would create an undue burden on the permittee or if
41.15the commissioner determines that aquatic plant control is necessary to protect natural
41.17(c) If the signature requirement is waived under paragraph (b) because obtaining
41.18signatures would create an undue burden on the permittee, the commissioner shall require
41.19an alternate form of landowner notification, including news releases or public notices in
41.20a local newspaper, a public meeting, or a mailing to the most recent permanent address
41.21of affected landowners. The notification must be given annually and must include: the
41.22proposed date of treatment, the target species, the method of control or product being
41.23used, and instructions on how the landowner may request that control not occur adjacent
41.24to the landowner's property.
41.25(d) For an invasive aquatic plant management permit, the commissioner may allow
41.26dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart
41.271a, to remain valid for three years if property ownership remains unchanged.
41.28EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 73. Minnesota Statutes 2010, section 103H.151, subdivision 4, is amended to read:
Subd. 4. Evaluation.
The commissioners of agriculture and the Pollution Control
Agency shall, through field audits and other appropriate means, monitor the use and
effectiveness of best management practices developed and promoted under this section.
The information collected must be submitted to the
Environmental Quality Board, which
42.1 must include the information in the report required in section
103A.43, paragraph (d)
42.2Clean Water Council
Sec. 74. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
Subd. 3. Report.
In each even-numbered year, the Pollution Control Agency, in
cooperation with other agencies participating in the monitoring of water resources, shall
provide a draft report on the status of groundwater monitoring to
42.7 Quality Board for review and then to
the house of representatives and senate committees
with jurisdiction over the environment, natural resources, and agriculture as part of the
report in section
Sec. 75. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision
42.12 Subd. 11. Aquatic application of pesticides. (a) The agency may issue National
42.13Pollutant Discharge Elimination System permits for pesticide applications to waters of the
42.14United States that are required by federal law or rule. The agency shall not require permits
42.15for aquatic pesticide applications beyond what is required by federal law or rule.
42.16(b) The agency shall not regulate or require permits for the terrestrial application
Sec. 76. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
Subd. 2. Local ordinances.
(a) All counties must adopt ordinances that comply
with revisions to the subsurface sewage treatment system rules within two years of the
final adoption by the agency unless all towns and cities in the county have adopted such
. County ordinances must apply to all areas of the county other than cities or
towns that have adopted ordinances that comply with this section and are as strict as
the applicable county ordinances.
(b) A copy of each ordinance adopted under this subdivision must be submitted to
the commissioner upon adoption.
(c) A local unit of government must make available to the public upon request a
written list of any differences between its ordinances and rules adopted under this section.
Sec. 77. Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to
Subd. 25a. Recyclable materials.
"Recyclable materials" means materials that are
separated from mixed municipal solid waste for the purpose of recycling or composting
including paper, glass, plastics, metals, automobile oil,
batteries, and source-separated
. Refuse-derived fuel or other material that is destroyed by
incineration is not a recyclable material.
Sec. 78. Minnesota Statutes 2010, section 115A.95, is amended to read:
43.5115A.95 RECYCLABLE MATERIALS.
43.6(a) Recyclable materials must be delivered to the appropriate materials processing
43.7facility as outlined in Minnesota Rules, parts 7035.2836 and 7035.2845, or any other
43.8facility permitted to recycle or compost the materials.
A disposal facility or a resource recovery facility that is composting mixed
waste, burning waste, or converting waste to energy or to materials for
combustion may not accept source-separated recyclable materials, and a solid waste
collector or transporter may not deliver source-separated recyclable materials to such a
facility, except for recycling or transfer to a recycler, unless the commissioner determines
that no other person is willing to accept the recyclable materials.
Sec. 79. Minnesota Statutes 2010, section 115B.20, subdivision 6, is amended to read:
Subd. 6. Report to legislature.
Each year, the commissioner of agriculture and
the agency shall submit to the senate Finance Committee, the house of representatives
Ways and Means Committee, the Environment and Natural Resources Committees of
the senate and house of representatives, the Finance Division of the senate Committee
on Environment and Natural Resources, and the house of representatives Committee
on Environment and Natural Resources Finance
, and the Environmental Quality Board
a report detailing the activities for which money has been spent pursuant to this section
during the previous fiscal year.
Sec. 80. Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read:
Subd. 8. Transfer of title; disposal of property.
The owner of a qualified facility
may, as part of the owner's activities under section
115B.40, subdivision 4
or 5, offer to
transfer title to all or any portion of
the property described in the facility's most recent
permit, including any property adjacent to that property the owner wishes to transfer, to
the commissioner. The commissioner may accept the transfer of title if the commissioner
determines that to do so is in the best interest of the state. If, after transfer of title to the
43.31property, the commissioner determines that no further response actions are required on the
43.32portion of the property being disposed of under sections 155B.39 to 115B.445 and it is in
43.33the best interest of the state to dispose of property acquired under this subdivision, the
44.1commissioner may do so under section 115B.17, subdivision 16. The property disposed of
44.2under this subdivision is no longer part of the qualified facility.
44.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 81. Minnesota Statutes 2010, section 115B.412, is amended by adding a
subdivision to read:
44.6 Subd. 8a. Boundary modification. The commissioner may modify the boundaries
44.7of a qualified facility to exclude certain property if the commissioner determines that no
44.8further response actions are required to be conducted under sections 115B.39 to 115B.445
44.9on the excluded property and the excluded property is not affected by disposal activities
44.10on the remaining portions of the qualified facility. Any property excluded under this
44.11subdivision is no longer part of the qualified facility.
44.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 82. Minnesota Statutes 2010, section 115B.412, is amended by adding a
subdivision to read:
44.15 Subd. 8b. Delisting. If all solid waste from a qualified facility has been relocated
44.16outside the qualified facility's boundaries and the commissioner has determined that no
44.17further response actions are required on the property under sections 115B.39 to 115B.445,
44.18the commissioner may delist the facility by removing it from the priority list established
44.19under section 115B.40, subdivision 2, after which the property shall no longer be a
44.20qualified facility. The commissioner has no further responsibilities under sections 115B.39
44.21to 115B.445 for a facility delisted under this subdivision.
44.22EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 83. Minnesota Statutes 2010, section 116C.24, subdivision 2, is amended to read:
Subd. 2. Board.
"Board" means the
Environmental Quality Board
44.25convened under section 116D.035
Sec. 84. Minnesota Statutes 2010, section 116C.842, subdivision 1a, is amended to
Subd. 1a. Facility Siting Policy Development Committee.
designation as a host state by the Interstate Commission, and within 60 days after a
compact facility located in the host state immediately preceding Minnesota begins
operation, the governor shall, in consultation with the commissioner, establish and appoint
the membership of a Facility Siting Policy Development Committee. The committee shall
study the issues relevant to developing a facility and make recommendations concerning
appropriate facility siting criteria and development requirements. The committee shall
number no more than 12 voting members, at least eight of whom shall be individuals
with expertise in a range of scientific disciplines relevant to site development. The
committee shall include at least one representative each from local government and
generators of low-level radioactive waste, and two representatives from public interest
groups. In addition,
the Environmental Quality Board,
the Minnesota Geological Survey,
the Departments of Natural Resources, Transportation, and Health, and the agency shall
have nonvoting membership on the committee and shall provide information and technical
assistance to the committee as needed. The committee shall report its findings and
recommendations to the governor and the legislature no later than one year following the
establishment of the committee.
Sec. 85. Minnesota Statutes 2010, section 116C.842, subdivision 2a, is amended to
Subd. 2a. Administration.
Environmental Quality Board Pollution Control
shall provide administrative assistance to the committee.
Sec. 86. Minnesota Statutes 2010, section 116C.91, subdivision 2, is amended to read:
Subd. 2. Board.
"Board" means the Environmental Quality Board convened under
Sec. 87. [116D.035] ENVIRONMENTAL QUALITY BOARD.
45.22 Subdivision 1. Definition. For the purposes of this chapter "board" means the
45.23Environmental Quality Board convened under subdivision 2.
45.24 Subd. 2. Creation; rules. The Environmental Quality Board shall convene itself
45.25as necessary to carry out the duties of the board required under subdivision 4. The
45.26membership of the board is as follows:
45.27(1) the commissioner of administration;
45.28(2) the commissioner of commerce;
45.29(3) the commissioner of the Pollution Control Agency;
45.30(4) the commissioner of natural resources;
45.31(5) the commissioner of agriculture;
45.32(6) the commissioner of health;
45.33(7) the commissioner of employment and economic development;
46.1(8) the commissioner of transportation;
46.2(9) the chair of the Board of Water and Soil Resources; and
46.3(10) a representative of the governor's office designated by the governor.
46.4 Subd. 3. Chair. The representative of the governor's office shall serve as chair of
46.6 Subd. 4. Duties. The Environmental Quality Board shall carry out the duties of the
46.7board specified under this chapter, sections 116C.22 to 116C.34, and sections 116C.91 to
46.9 Subd. 5. Support. Consultant and administrative support services for board
46.10activities and implementation and administration of the rules adopted by the board under
46.11this chapter shall be provided by the Pollution Control Agency.
Sec. 88. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
Laws 2011, chapter 4, section 6, is amended to read:
Subd. 2a. When prepared.
Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.
No mandatory environmental impact statement may be required for an ethanol plant,
as defined in section
41A.09, subdivision 2a
, paragraph (b), that produces less than
125,000,000 gallons of ethanol annually and is located outside of the seven-county
(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
46.33expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
46.34(b), or the conversion of an ethanol plant to a biobutanol facility as defined in section
46.3541A.105, subdivision 1a, based on the capacity of the expanded or converted facility to
47.1produce alcohol fuel, but must be required if the ethanol plant meets or exceeds thresholds
47.2of other categories of actions for which environmental assessment worksheets must be
47.3prepared. The responsible governmental unit for an ethanol plant project for which an
47.4environmental assessment worksheet is prepared shall be the state agency with the greatest
47.5responsibility for supervising or approving the project as a whole.
(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet in a manner to be determined by
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30-day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15-day period by not more than 15
additional days upon the request of the responsible governmental unit.
(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 25
individuals, submitted before the proposed project has received final approval by the
appropriate governmental units, demonstrates that, because of the nature or location of a
proposed action, there may be potential for significant environmental effects. Petitions
requesting the preparation of an environmental assessment worksheet shall be submitted to
the board. The chair of the board shall determine the appropriate responsible governmental
unit and forward the petition to it. A decision on the need for an environmental assessment
worksheet shall be made by the responsible governmental unit within 15 days after the
petition is received by the responsible governmental unit. The board's chair may extend
the 15-day period by not more than 15 additional days upon request of the responsible
(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:
(1) the proposed action is:
(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;
(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and
(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.
(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.
(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.
(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits or
other actions required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.
(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.
(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.
Sec. 89. Minnesota Statutes 2010, section 116D.11, subdivision 2, is amended to read:
Subd. 2. Primary responsibility.
Environmental Quality Board commissioner
49.16of the Pollution Control Agency
shall have the primary responsibility for preparing the
energy and environmental strategy report of the state, as required by section
shall assemble all preliminary reports prepared pursuant to
subdivision 1 under a timetable established by the board and shall use the preliminary
reports in the preparation of the draft energy and environmental strategy report of the
state. Each department or agency designated by the governor to prepare a preliminary
strategy report shall submit a copy of the preliminary strategy report to the governor and
at the same time.
Sec. 90. Minnesota Statutes 2010, section 116D.11, subdivision 3, is amended to read:
Subd. 3. Report to governor.
On or before October 1 of each odd-numbered year,
Environmental Quality Board commissioner of the Pollution Control Agency
transmit to the governor a draft of the written report on the energy and environmental
strategy of the state. The governor may change the report and may request additional
information or data from any department or agency of the state responsible for issues
listed in section
, clause (1). Any such requested additional information or data
shall be prepared and submitted promptly to the governor.
Sec. 91. Minnesota Statutes 2010, section 216C.052, subdivision 1, is amended to read:
Subdivision 1. Responsibilities.
(a) There is established the position of reliability
administrator in the Department of Commerce. The administrator shall act as a source
of independent expertise and a technical advisor to the commissioner, the commission
and the public on issues related to the reliability of the electric system. In conducting its
work, the administrator shall provide assistance to the commissioner in administering and
implementing the department's duties under sections
; chapters 216E, 216F, and 216G; and rules associated with
those provisions and shall also:
(1) model and monitor the use and operation of the energy infrastructure in the
state, including generation facilities, transmission lines, natural gas pipelines, and other
(2) develop and present to the commission and parties technical analyses of proposed
infrastructure projects, and provide technical advice to the commission;
(3) present independent, factual, expert, and technical information on infrastructure
proposals and reliability issues at public meetings hosted by the task force,
50.16 Environmental Quality Board,
the department, or the commission.
(b) Upon request and subject to resource constraints, the administrator shall
provide technical assistance regarding matters unrelated to applications for infrastructure
improvements to the task force, the department, or the commission.
(c) The administrator may not advocate for any particular outcome in a commission
proceeding, but may give technical advice to the commission as to the impact on the
reliability of the energy system of a particular project or projects.
Sec. 92. Minnesota Statutes 2010, section 216C.18, subdivision 2, is amended to read:
Subd. 2. Draft report; public meeting.
Prior to the preparation of a final report,
the commissioner shall issue a draft report to
the Environmental Quality Board and
person, upon request, and shall hold a public meeting. Notice of the public meeting shall
be provided to each regional development commission.
Sec. 93. Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read:
Subd. 2. Fees.
For the purposes of sections
, the county board of
any county may prescribe and provide for the collection of fees for the use of any county
park or other unit of the county park system or any facilities, accommodations, or services
provided for public use therein
, such fees not to exceed that prescribed in state parks
50.33EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 94. Laws 2010, chapter 361, article 4, section 73, is amended to read:
Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
(a) Notwithstanding Minnesota Statutes, section
115.55, subdivision 2
, a county
may adopt an ordinance by February 4,
, to comply with the February 4, 2008,
revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution
Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface
sewage treatment system rules. A county must continue to enforce its current ordinance
until a new one has been adopted.
(b) By January 15, 2011, the agency, after consultation with the Board of Water and
Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
ranking minority members of the senate and house of representatives environment and
natural resources policy and finance committees and divisions on:
(1) the technical changes in the rules for subsurface sewage treatment systems
that were adopted on February 4, 2008;
(2) the progress in local adoption of ordinances to comply with the rules; and
(3) the progress in protecting the state's water resources from pollution due to
subsurface sewage treatment systems.
Sec. 95. WATER RULEMAKING MORATORIUM.
51.20(a) For purposes of this section, "agency" means the Pollution Control Agency,
51.21Department of Natural Resources, Board of Water and Soil Resources, Environmental
51.22Quality Board, Department of Agriculture, and Department of Health.
51.23(b) Unless required by federal law or rule, no agency shall adopt rules related to
51.24water quality or water resource protection during the period beginning July 1, 2011,
51.25and ending June 30, 2012.
51.26(c) Unless the rule is under judicial challenge, this section does not apply to:
51.27(1) proposed rules listed in a notice of intent to adopt rules published under
51.28Minnesota Statutes, chapter 14, before July 1, 2011;
51.29(2) rules required by law for which rulemaking was to begin by January 15, 2010;
51.30(3) emergency rules authorized by statute;
51.31(4) rules adopted or amended under Minnesota Statutes, section 14.386; and
51.32(5) rules proposed under Minnesota Statutes, section 14.388, subject to approval
51.33of the Office of Administrative Hearings.
Sec. 96. EVALUATION REQUIRED.
52.1(a) The commissioner of administration shall evaluate state and local water-related
52.2programs, policies, and permits to make recommendations for cost savings, increased
52.3productivity, and the elimination of duplication among public agencies.
52.4(b) The evaluation must:
52.5(1) identify current rules relating to surface and groundwater, including those related
52.6to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild
52.7and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for
52.8each rule specify:
52.9(i) the statutory authority;
52.10(ii) intended outcomes;
52.11(iii) the cost to state and local government and the private sector; and
52.12(iv) the relationship of the rule to other local, state, and federal rules;
52.13(2) assess the pros and cons of alternative approaches to implementing water-related
52.14programs, policies, and permits, including local, state, and regional-based approaches;
52.15(3) identify inconsistencies and redundancy between local, state, and federal rules;
52.16(4) identify means to coordinate rulemaking and implementation so as to achieve
52.17intended outcomes more effectively and efficiently;
52.18(5) identify a rule assessment and evaluation process for determining whether each
52.19identified rule should be continued or repealed;
52.20(6) rely on scientific, peer-reviewed data, including the studies of the National
52.21Academy of Sciences;
52.22(7) evaluate current responsibilities of the Pollution Control Agency, Department of
52.23Natural Resources, Board of Water and Soil Resources, Environmental Quality Board,
52.24Department of Agriculture, and Department of Health for developing and implementing
52.25water-related programs, policies, and permits and make recommendations for reallocating
52.26responsibilities among the agencies; and
52.27(8) assess the current role of the clean water fund in supporting water-related
52.28programs and policies and make recommendations for allocating resources among the
52.29agencies that collaborate and partner in spending the clean water fund consistent with
52.30the other recommendations of the study.
52.31(c) The commissioner of administration must submit the study results and make
52.32recommendations to agencies listed under paragraph (a) and to the chairs and ranking
52.33minority party members of the senate and house of representatives committees having
52.34primary jurisdiction over environment and natural resources policy and finance no later
52.35than January 15, 2012.
Sec. 97. SHALLOW LAKES MANAGEMENT REPORT.
53.2By January 1, 2012, the commissioner of natural resources shall submit a report to
53.3the senate and house of representatives committees and divisions with jurisdiction over
53.4natural resources policy that includes:
53.5(1) a summary of the science and ecology of shallow lakes;
53.6(2) a summary of the significance of shallow lakes to continental and state waterfowl
53.7populations and Minnesota's waterfowl heritage;
53.8(3) examples and documented results of previous temporary water-level management
53.10(4) a list of current statutes and rules applicable to shallow lakes including, but not
53.11limited to, water-level management of shallow lakes and drainage law under chapter
53.13(5) a list of any changes to statute necessary that would allow the commissioner of
53.14natural resources, through shallow lake management, to better achieve the state's wildlife
53.15habitat and clean water goals and address the threats of invasive species, including carp
53.16and the use of fish barriers.
Sec. 98. REVISOR'S INSTRUCTION.
53.18(a) The revisor of statutes shall change the range reference "sections 103F.701 to
53.19103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections
53.20103F.701 to 103F.755."
53.21(b) The revisor of statutes shall change the term "Environmental Quality Board," or
53.22"board" when referring thereto, to "commissioner of natural resources," or "commissioner"
53.23wherever it appears in Minnesota Statutes, sections 116G.01 to 116G.14, and section
Sec. 99. REPEALER.
53.26(a) Minnesota Statutes 2010, sections 40A.122; 84.02, subdivisions 1, 2, 3, 4, 5, 6,
53.277, and 8; 85.013, subdivision 2b; 103A.403; 103A.43; 103F.614; 103F.711, subdivision
53.287; 103F.721; 103F.731, subdivision 1; 103F.761; 115A.32; 115A.33; 115A.34; 115A.35;
53.29115A.36; 115A.37; 115A.38; 115A.39; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4,
53.305, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and 11; 116C.06; 116C.08; 116C.71,
53.31subdivisions 1c and 2a; 116C.721; 116C.722; 116C.723; 116C.724, subdivisions 2 and 3;
53.32and 473H.15, are repealed.
53.33(b) Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.
53.34EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.
Amend the title accordingly