1.1.................... moves to amend H.F. No. 2164 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 9.071, is amended to read:
1.49.071 SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.
1.5The council has the powers with respect to:
1.6(1) timberlands provided in sections 90.031, 90.041, and 90.151;
1.7(2) lands acquired from the United States provided in section 94.50;
1.8(3) lands subject to delinquent drainage assessments provided in section 84A.20;
1.9(4) transfer of lands between departments of state government provided in section
1.1015.16 ;
1.11(5) sale or exchange of lands within national forests provided in sections 92.30
1.12and 92.31;
1.13(6) approval of acquisition of land for camping or parking area provided in sections
1.1497A.135 and 97A.141; and
1.15(7) awarding leases to prospect for iron ore provided in section 93.17;
1.16(8) approval of rules for issuance of leases to prospect for minerals under state
1.17lands provided in section 93.25; and
1.18(9) (7) construction of dams provided in section 103G.545.

1.19    Sec. 2. Minnesota Statutes 2010, section 16A.065, is amended to read:
1.2016A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES
1.21DOCUMENTS.
1.22Notwithstanding section 16A.41, subdivision 1, the commissioner may allow an
1.23agency to make advance deposits or payments for software or software maintenance
1.24services for state-owned or leased electronic data processing equipment, for sole source
1.25maintenance agreements where it is not cost-effective to pay in arrears, for exhibit booth
2.1space or boat slip rental when required by the renter to guarantee the availability of space,
2.2for short-term cash flow advances under executed grants or contracts associated with
2.3land acquisitions, for registration fees where advance payment is required or advance
2.4payment discount is provided, and for newspaper, magazine, and other subscription fees
2.5customarily paid for in advance. The commissioner may also allow advance deposits by
2.6any department with the Library of Congress and federal Supervisor of Documents for
2.7items to be purchased from those federal agencies.

2.8    Sec. 3. Minnesota Statutes 2011 Supplement, section 84.027, subdivision 14a, is
2.9amended to read:
2.10    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
2.11and resource management permits be issued or denied within 150 days of the submission
2.12of a substantially completed permit application. The commissioner of natural resources
2.13shall establish management systems designed to achieve the goal.
2.14(b) The commissioner shall prepare semiannual permitting efficiency reports that
2.15include statistics on meeting the goal in paragraph (a). The reports are due February 1
2.16and August 1 each year. For permit applications that have not met the goal, the report
2.17must state the reasons for not meeting the goal, steps that will be taken to complete action
2.18on the application, and the expected timeline. In stating the reasons for not meeting the
2.19goal, the commissioner shall separately identify delays caused by the responsiveness of
2.20the proposer, lack of staff, scientific or technical disagreements, or the level of public
2.21engagement. The report must specify the number of days from initial submission of the
2.22application to the day of determination that the application is complete. The report for
2.23August 1 each year must aggregate the data for the year and assess whether program
2.24or system changes are necessary to achieve the goal. The report must be posted on the
2.25department's Web site and submitted to the governor and the chairs and ranking minority
2.26members of the house of representatives and senate committees having jurisdiction over
2.27natural resources policy and finance.
2.28(c) The commissioner shall allow electronic submission of environmental review
2.29and permit documents to the department.
2.30(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.31subject to paragraph (a), the commissioner of natural resources shall notify the project
2.32proposer, in writing, of whether or not the permit application is complete enough for
2.33processing. If the permit is incomplete, the commissioner must identify where deficiencies
2.34exist and advise the applicant on how they can be remedied. A resubmittal of the
2.35application begins a new 30-day review period. If the commissioner fails to notify the
3.1project proposer of completeness within 30 business days, the application is deemed to be
3.2substantially complete and subject to the 150-day permitting review period in paragraph
3.3(a) from the date it was submitted. This paragraph does not apply to an application for a
3.4permit that is subject to a grant or loan agreement under chapter 446A.
3.5(e) The commissioner shall approve or deny within 60 days an application for a
3.6minor permit or a minor permit amendment. Failure of the commissioner to deny an
3.7application for a minor permit or minor permit amendment within 60 days is approval of
3.8the permit. If the commissioner receives an application that does not contain all required
3.9information, the 60-day limit starts over only if the commissioner notifies the applicant
3.10as required under paragraph (d).
3.11(f) By July 1, 2012, the commissioner shall review all types of permits issued by the
3.12department, determine the permit and amendment types the commissioner deems minor
3.13for purposes of paragraph (e), and post a list of the permit and amendment types on the
3.14department's Web site. The commissioner shall periodically review, update, and post the
3.15list of permits and permit amendment types subject to paragraph (e) at least every five
3.16years. Permits and permit amendments may not be deemed minor under this paragraph
3.17if approval of a permit or permit amendment according to paragraph (e) would be in
3.18violation of federal law.
3.19EFFECTIVE DATE.Paragraph (f) is effective the day following final enactment.

3.20    Sec. 4. Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:
3.21    Subd. 15. Electronic transactions. (a) The commissioner may receive an
3.22application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
3.23training certification, registration, or transfer under the jurisdiction of the commissioner
3.24by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
3.25and telephone transactions may be made outside of the state. The commissioner may:
3.26    (1) provide for the electronic transfer of funds generated by electronic transactions,
3.27including by telephone;
3.28    (2) assign an identification number to an applicant who purchases a hunting or
3.29fishing license or recreational vehicle registration by electronic means, to serve as
3.30temporary authorization to engage in the activity requiring a license or registration until
3.31the license or registration is received or expires;
3.32    (3) charge and permit agents to charge a fee of individuals who make electronic
3.33transactions and transactions by telephone or Internet, including issuing fees and an
3.34additional transaction fee not to exceed $3.50;
4.1    (4) charge and permit agents to charge a convenience fee not to exceed three percent
4.2of the cost of the license to individuals who use electronic bank cards for payment. An
4.3electronic licensing system agent charging a fee of individuals making an electronic
4.4bank card transaction in person must post a sign informing individuals of the fee. The
4.5sign must be near the point of payment, clearly visible, include the amount of the fee, and
4.6state: "License agents are allowed by state law to charge a fee not to exceed three percent
4.7of the cost of state licenses to persons who use electronic bank cards for payment. The
4.8fee is not required by state law.";
4.9    (5) establish, by written order, an electronic licensing system commission to be
4.10paid by revenues generated from all sales made through the electronic licensing system.
4.11The commissioner shall establish the commission in a manner that neither significantly
4.12overrecovers nor underrecovers costs involved in providing the electronic licensing
4.13system; and
4.14    (6) adopt rules to administer the provisions of this subdivision.
4.15    (b) The fees established under paragraph (a), clauses (3) and (4), and the commission
4.16established under paragraph (a), clause (5), are not subject to the rulemaking procedures
4.17of chapter 14 and section 14.386 does not apply.
4.18    (c) Money received from fees and commissions collected under this subdivision,
4.19including interest earned, is annually appropriated from the game and fish fund and the
4.20natural resources fund to the commissioner for the cost of electronic licensing.
4.21(d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
4.22electronic transaction, regardless of whether all or any part of the biennial appropriation
4.23law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
4.24has not been enacted to appropriate money to the commissioner of management and
4.25budget for central accounting, procurement, payroll, and human resources functions,
4.26amounts necessary to operate those functions for the purpose of this paragraph are
4.27appropriated from the general fund to the commissioner of management and budget.
4.28As necessary, the commissioner may transfer a portion of this appropriation to other
4.29state agencies to support carrying out these functions. Any subsequent appropriation to
4.30the commissioner of management and budget for a biennium in which this section is
4.31applicable supersedes and replaces the funding authorized in this paragraph.

4.32    Sec. 5. Minnesota Statutes 2010, section 84.0272, subdivision 1, is amended to read:
4.33    Subdivision 1. Acquisition procedure. (a) When the commissioner of natural
4.34resources is authorized to acquire lands or interests in lands the procedure set forth in this
4.35section shall apply. The commissioner of natural resources shall first prepare a fact sheet
5.1showing the lands to be acquired, the legal authority for their acquisition, and the qualities
5.2of the land that make it a desirable acquisition. The commissioner of natural resources
5.3shall cause appraise the lands or contract to have the lands to be appraised. An appraiser
5.4shall before entering upon the duties of office take and subscribe an oath to faithfully and
5.5impartially discharge the duties as appraiser according to the best of the appraiser's ability
5.6and that the appraiser is not interested directly or indirectly in any of the lands to be
5.7appraised or the timber or improvements thereon or in the sale thereof and has entered into
5.8no agreement or combination to purchase the same or any part thereof, which oath shall
5.9be attached to the report of the appraisal. New appraisals may be made at the discretion
5.10of the commissioner of natural resources.
5.11(b) For fee title acquisitions, the commissioner of natural resources may pay less
5.12than the appraised value, but shall not agree to pay more than ten 20 percent above the
5.13appraised county assessor's estimated market value or ten percent above appraised value,
5.14whichever is less, except that if the commissioner pays less than the appraised value for
5.15a parcel of land, the difference between the purchase price and the appraised value may
5.16be used to apply to purchases at more than the appraised value. The sum of accumulated
5.17differences between appraised amounts and purchases for more than the appraised
5.18amount may not exceed the sum of accumulated differences between appraised amounts
5.19and purchases for less than the appraised amount. New appraisals may be made at the
5.20discretion of the commissioner of natural resources. unless the commissioner determines
5.21that the acquisition is a high priority because the land is adjacent to other public land,
5.22would conserve a high degree of biological diversity, or is otherwise a high priority for the
5.23department. The commissioner shall document the reason for the determination in writing.
5.24(c) For acquisitions that are for less than fee title, the commissioner shall not pay
5.25more than ten percent above appraised value when acquiring an easement or other interest
5.26in land that is less than fee title.

5.27    Sec. 6. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
5.28    Subd. 7. General exceptions. (a) The commissioner may issue permits and
5.29prescribe conditions for an act otherwise prohibited by subdivision 1 if:
5.30(1) the act is for the purpose of zoological, educational, or scientific study;
5.31(2) the act enhances the propagation or survival of the affected species;
5.32(3) the act prevents injury to persons or property; or
5.33(4) the social and economic benefits of the act outweigh the harm caused by it.
5.34(b) The commissioner may issue a general permit to a governmental subdivision or
5.35to the general public to conduct one or more acts described in paragraph (a).
6.1(c) A member of an endangered species may not be destroyed under paragraph (a),
6.2clause (3) or (4), until all alternatives, including live trapping and transplantation, have
6.3been evaluated and rejected. The commissioner may prescribe conditions to propagate
6.4a species or subspecies.
6.5(c) (d) A person may capture or destroy a member of an endangered species, without
6.6permit, to avoid an immediate and demonstrable threat to human life or property.
6.7(d) (e) The commissioner must give approval under this subdivision for forest
6.8management, including permit, sale, or lease of land for timber harvesting.

6.9    Sec. 7. Minnesota Statutes 2010, section 84.631, is amended to read:
6.1084.631 ROAD EASEMENTS ACROSS STATE LANDS.
6.11(a) Except as provided in section 85.015, subdivision 1b, the commissioner of natural
6.12resources, on behalf of the state, may convey a road easement across state land under the
6.13commissioner's jurisdiction other than school trust land, to a private person requesting an
6.14easement for access to property owned by the person only if the following requirements
6.15are met: (1) there are no reasonable alternatives to obtain access to the property; and (2)
6.16the exercise of the easement will not cause significant adverse environmental or natural
6.17resource management impacts.
6.18(b) The commissioner shall:
6.19(1) require the applicant to pay the market value of the easement;
6.20(2) limit the easement term to 50 years if the road easement is across school trust
6.21land;
6.22(2) (3) provide that the easement reverts to the state in the event of nonuse; and
6.23(3) (4) impose other terms and conditions of use as necessary and appropriate under
6.24the circumstances.
6.25(c) An applicant shall submit an application fee of $2,000 with each application
6.26for a road easement across state land. The application fee is nonrefundable, even if the
6.27application is withdrawn or denied.
6.28(d) In addition to the payment for the market value of the easement and the
6.29application fee, the commissioner of natural resources shall assess the applicant a
6.30monitoring fee to cover the projected reasonable costs for monitoring the construction of
6.31the road and preparing special terms and conditions for the easement. The commissioner
6.32must give the applicant an estimate of the monitoring fee before the applicant submits
6.33the fee. The applicant shall pay the application and monitoring fees to the commissioner
6.34of natural resources. The commissioner shall not issue the easement until the applicant
7.1has paid in full the application fee, the monitoring fee, and the market value payment for
7.2the easement.
7.3(e) Upon completion of construction of the road, the commissioner shall refund the
7.4unobligated balance from the monitoring fee revenue.
7.5(f) Fees collected under paragraphs (c) and (d) must be credited to the land
7.6management account in the natural resources fund and are appropriated to the
7.7commissioner of natural resources to cover the reasonable costs incurred under this section.

7.8    Sec. 8. Minnesota Statutes 2010, section 84.67, is amended to read:
7.984.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
7.10    A forests for the future revolving account is created in the natural resources fund.
7.11Money in the account is appropriated to the commissioner of natural resources for the
7.12acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
7.13The commissioner shall sell the lands acquired under this section, subject to an easement
7.14as provided in section 84.66. Money received from the sale of forest lands acquired
7.15under this section and interest earned on the account shall be deposited into the account.
7.16The commissioner must file a report to the house of representatives Ways and Means
7.17and the senate Finance Committees and the environment and natural resources finance
7.18committees or divisions of the senate and house of representatives by October 1 of each
7.19year indicating all purchases of forest land using money from this account and sales of
7.20forest land for which revenue is deposited into this account.

7.21    Sec. 9. [84.76] APPRENTICE RIDER VALIDATION.
7.22    Subdivision 1. Definition. For the purpose of this section, "accompanied by" means
7.23within a distance of another person that permits uninterrupted visual contact and verbal
7.24communication.
7.25    Subd. 2. Apprentice rider requirements. Notwithstanding sections 84.793,
7.2684.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a
7.27required safety certificate may participate in up to two trail-riding events sponsored by the
7.28commissioner in state parks, state trails, state recreation areas, and state forests that are
7.29designed to involve apprentice riders. The person must be accompanied by an adult with a
7.30valid safety certificate. All vehicles must be properly registered for use in Minnesota.

7.31    Sec. 10. Minnesota Statutes 2010, section 84.91, subdivision 1, is amended to read:
7.32    Subdivision 1. Acts prohibited. (a) No owner or other person having charge or
7.33control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
8.1the person knows or has reason to believe is under the influence of alcohol or a controlled
8.2substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
8.3this state or on the ice of any boundary water of this state.
8.4(b) No owner or other person having charge or control of any snowmobile or
8.5all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
8.6any physical or mental disability is incapable of operating the vehicle, to operate the
8.7snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
8.8water of this state.
8.9(c) A person who operates or is in physical control of a snowmobile or all-terrain
8.10vehicle anywhere in this state or on the ice of any boundary water of this state is subject
8.11to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person
8.12who is convicted of violating section 169A.20 or an ordinance in conformity with it
8.13while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a
8.14lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance
8.15in conformity with it, shall be prohibited from operating the a snowmobile or all-terrain
8.16vehicle for a period of one year. The commissioner shall notify the person of the time
8.17period during which the person is prohibited from operating a snowmobile or all-terrain
8.18vehicle.
8.19(d) Administrative and judicial review of the operating privileges prohibition is
8.20governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
8.21impaired driving conviction or prior license revocation, as defined in section 169A.03.
8.22Otherwise, administrative and judicial review of the prohibition is governed by section
8.23169A.53 .
8.24(e) The court shall promptly forward to the commissioner and the Department of
8.25Public Safety copies of all convictions and criminal and civil sanctions imposed under this
8.26section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
8.27(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
8.28either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
8.29all-terrain vehicle during the time period the person is prohibited from operating a vehicle
8.30under paragraph (c) is guilty of a misdemeanor.

8.31    Sec. 11. Minnesota Statutes 2010, section 84D.05, subdivision 1, is amended to read:
8.32    Subdivision 1. Prohibited activities. A person may not possess, import, purchase,
8.33sell, propagate, transport, or introduce a prohibited invasive species, except:
8.34(1) under a permit issued by the commissioner under section 84D.11;
8.35(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
9.1(3) under a restricted species permit issued under section 17.457;
9.2(4) when being transported to the department, or another destination as the
9.3commissioner may direct, in a sealed container for purposes of identifying the species
9.4or reporting the presence of the species;
9.5(5) when being transported for disposal as part of a harvest or control activity
9.6when specifically authorized under a permit issued by the commissioner according to
9.7section 103G.615, when being transported for disposal as specified under a commercial
9.8fishing license issued by the commissioner according to section 97A.418, 97C.801,
9.997C.811 , 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
9.10commissioner;
9.11(6) when the specimen has been lawfully acquired dead and, in the case of plant
9.12species, all seeds are removed or are otherwise secured in a sealed container;
9.13(7) in the form of herbaria or other preserved specimens;
9.14(8) when being removed from watercraft and equipment, or caught while angling,
9.15and immediately returned to the water from which they came; or
9.16(9) as the commissioner may otherwise prescribe by rule.

9.17    Sec. 12. Minnesota Statutes 2011 Supplement, section 84D.09, subdivision 2, is
9.18amended to read:
9.19    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
9.20aquatic macrophytes:
9.21    (1) that are duckweeds in the family Lemnaceae;
9.22    (2) for disposal as part of a harvest or control activity conducted when specifically
9.23authorized under an aquatic plant management permit pursuant to section 103G.615, under
9.24permit pursuant to section 84D.11, or as specified by the commissioner;
9.25    (3) for purposes of constructing shooting or observation blinds in amounts sufficient
9.26for that purpose, provided that the aquatic macrophytes are emergent and cut above the
9.27waterline;
9.28    (4) when legally purchased or traded by or from commercial or hobbyist sources for
9.29aquarium, wetland or lakeshore restoration, or ornamental purposes;
9.30    (5) when harvested for personal or commercial use if in a motor vehicle;
9.31    (6) to the department, or another destination as the commissioner may direct, in a
9.32sealed container for purposes of identifying a species or reporting the presence of a species;
9.33    (7) when transporting commercial aquatic plant harvesting or control equipment to a
9.34suitable location for purposes of cleaning any remaining aquatic macrophytes;
9.35    (8) that are wild rice harvested under section 84.091;
10.1    (9) in the form of fragments of emergent aquatic macrophytes incidentally
10.2transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
10.3season; or
10.4    (10) when removing water-related equipment from waters of the state for purposes
10.5of cleaning off aquatic macrophytes before leaving a water access site.

10.6    Sec. 13. Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 4, is
10.7amended to read:
10.8    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
10.9of the state a person must drain water-related equipment holding water and live wells and
10.10bilges by removing the drain plug before transporting the water-related equipment off
10.11the water access site or riparian property.
10.12    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
10.13from ballast tanks, bilges, and live wells must be removed or opened while transporting
10.14water-related equipment.
10.15    (c) Emergency response vehicles and equipment may be transported on a public road
10.16with the drain plug or other similar device replaced only after all water has been drained
10.17from the equipment upon leaving the water body.
10.18    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
10.19when fishing through the ice except on waters designated infested for viral hemorrhagic
10.20septicemia, and marine sanitary systems are exempt from this subdivision.
10.21    (e) A person must not dispose of bait in waters of the state.
10.22(f) A boat lift, dock, swim raft, or associated equipment that has been removed
10.23from any water body may not be placed in another water body until a minimum of 21
10.24days have passed.

10.25    Sec. 14. Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
10.26amended to read:
10.27    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
10.28individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
10.29species, and water. The commissioner may delegate inspection authority as provided
10.30under paragraphs (b) or (g) to tribal and local governments that assume all legal, financial,
10.31and administrative responsibilities for inspection programs on public waters within their
10.32jurisdiction.
10.33(b) Inspectors may visually and tactilely inspect watercraft and water-related
10.34equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
11.1is present. If a person transporting watercraft or water-related equipment refuses to
11.2take required corrective actions or fails to comply with an order under section 84D.10,
11.3subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
11.4to a conservation officer or other licensed peace officer.
11.5(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
11.6may inspect any watercraft or water-related equipment that is stopped at a water access
11.7site, any other public location in the state, or a private location where the watercraft or
11.8water-related equipment is in plain view, if the officer determines there is reason to believe
11.9that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
11.10water-related equipment.
11.11(d) Conservation officers or other licensed peace officers may utilize check stations
11.12in locations, or in proximity to locations, where watercraft or other water-related
11.13equipment is placed into or removed from waters of the state. Any check stations shall be
11.14operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
11.15(e) Conservation officers or other licensed peace officers may order water-related
11.16equipment to be removed from a water body if the commissioner determines such action is
11.17needed to implement aquatic invasive species control measures.
11.18(f) The commissioner may require mandatory inspections of water-related equipment
11.19before a person places the water-related equipment into a water body. Inspection stations
11.20may be located at or near public water accesses or in locations that allow for servicing
11.21multiple water bodies. The commissioner shall ensure that inspection stations:
11.22(1) have adequate staffing to minimize delays to vehicles and their occupants;
11.23(2) allow for reasonable travel times between public accesses and inspection stations
11.24if inspection is required before placing water-related equipment into a water body;
11.25(3) are located so as not to create traffic delays or public safety issues;
11.26(4) have decontamination equipment available to bring water-related equipment
11.27into compliance; and
11.28(5) do not reduce the capacity or hours of operation of public water accesses.
11.29(g) The commissioner may authorize tribal and local governments to conduct
11.30mandatory inspections of water-related equipment at specified locations within a defined
11.31area before a person places the water-related equipment into a water body. Tribal and local
11.32governments that are authorized to conduct inspections under this paragraph must:
11.33(1) assume all legal, financial, and administrative responsibilities for implementing
11.34the mandatory inspections, alone or in agreement with other tribal or local governments;
11.35(2) employ inspectors that have been trained and authorized by the commissioner;
12.1(3) conduct inspections and decontamination measures in accordance with guidelines
12.2approved by the commissioner;
12.3(4) have decontamination equipment available at inspection stations to bring
12.4water-related equipment into compliance;
12.5(5) provide for inspection station locations that do not create traffic delays or public
12.6safety issues; and
12.7(6) submit a plan approved by the commissioner according to paragraph (h).
12.8(h) Plans required under paragraph (g) must address:
12.9(1) no reduction in capacity or hours of operation of public accesses and fees that
12.10do not discourage or limit use;
12.11(2) reasonable travel times between public accesses and inspection stations;
12.12(3) adequate staffing to minimize wait times and provide adequate hours of operation
12.13at inspection stations and public accesses;
12.14(4) adequate enforcement capacity;
12.15(5) measures to address inspections of water-related equipment at public water
12.16accesses for commercial entities and private riparian land owners; and
12.17(6) other elements as required by the commissioner to ensure statewide consistency,
12.18appropriate inspection and decontamination protocols, and protection of the state's
12.19resources, public safety, and access to public waters.
12.20(i) A government unit authorized to conduct inspections under this subdivision must
12.21submit an annual report to the commissioner summarizing the results and issues related
12.22to implementing the inspection program.

12.23    Sec. 15. Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
12.24amended to read:
12.25    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
12.26the following penalty amounts:
12.27    (1) for transporting aquatic macrophytes in violation of section 84D.09, $50;
12.28    (2) for placing or attempting to place into waters of the state water-related equipment
12.29that has aquatic macrophytes attached, $100;
12.30    (3) for unlawfully possessing or transporting a prohibited invasive species other
12.31than an aquatic macrophyte, $250;
12.32    (4) for placing or attempting to place into waters of the state water-related equipment
12.33that has prohibited invasive species attached when the waters are not designated by the
12.34commissioner as being infested with that invasive species, $500 for the first offense and
12.35$1,000 for each subsequent offense;
13.1    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
13.2prescribed by rule, Eurasian water milfoil, $100;
13.3    (6) for failing to remove plugs, open valves, and drain water from water-related
13.4equipment, other than marine sanitary systems, before leaving waters of the state, $50; and
13.5    (7) for transporting infested water off riparian property without a permit as required
13.6by rule, $200.
13.7(b) A civil citation that is issued to a person who has one or more prior convictions
13.8or final orders for violations of this chapter is subject to twice the penalty amounts listed
13.9in paragraph (a).

13.10    Sec. 16. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
13.11    Subd. 2. Authority of local government. (a) A local government unit that receives
13.12state grants-in-aid for any trail, with the concurrence of the commissioner, and the
13.13landowner or land lessee, may:
13.14(1) designate the trail for use by snowmobiles or for nonmotorized use from
13.15December 1 to April 1 of any year; and
13.16(2) issue any permit required under subdivisions 3 to 5.
13.17(b) A local government unit that receives state grants-in-aid under section 84.794,
13.18subdivision 2 , 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
13.19concurrence of the commissioner, and landowner or land lessee, may:
13.20(1) designate the trail specifically for use at various times of the year by all-terrain or
13.21off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
13.22snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
13.23use at the same time; and
13.24(2) issue any permit required under subdivisions 3 to 5.
13.25(c) A local unit of government that receives state grants-in-aid for any trail, with the
13.26concurrence of the commissioner and landowner or land lessee, may designate certain trails
13.27for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.

13.28    Sec. 17. Minnesota Statutes 2010, section 85.055, subdivision 2, is amended to read:
13.29    Subd. 2. Fee deposit and appropriation; continued operation. (a) The fees
13.30collected under this section shall be deposited in the natural resources fund and credited
13.31to the state parks account. Money in the account, except for the electronic licensing
13.32system commission established by the commissioner under section 84.027, subdivision
13.3315 , is available for appropriation to the commissioner to operate and maintain the state
13.34park system.
14.1(b) State parks and recreation areas shall remain open for camping and other
14.2recreational activities, regardless of whether all or any part of the biennial appropriation
14.3law for the state parks and recreation areas has been enacted. The amount necessary for
14.4operations of state parks and recreation areas when the biennial appropriation law has not
14.5been enacted is appropriated from the state parks account in the natural resources fund. If,
14.6by July 1 of an odd-numbered year, legislation has not been enacted to appropriate money
14.7to the commissioner of management and budget for central accounting, procurement,
14.8payroll, and human resources functions, amounts necessary to operate those functions for
14.9the purpose of this paragraph are appropriated from the general fund to the commissioner
14.10of management and budget. As necessary, the commissioner may transfer a portion of
14.11this appropriation to other state agencies to support carrying out these functions. Any
14.12subsequent appropriation to the commissioner of management and budget for a biennium
14.13in which this paragraph has been applied supersedes and replaces the funding authorized
14.14in this paragraph.

14.15    Sec. 18. Minnesota Statutes 2010, section 85.20, subdivision 1, is amended to read:
14.16    Subdivision 1. Violation of rules. (a) Any person who, within the limits of any state
14.17park, state monument, state recreation area, state wayside, or area of state land reserved
14.18from sale, as provided by Laws 1923, chapter 430 outdoor recreation unit established in
14.19chapter 86A, shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen,
14.20or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface,
14.21or mutilate any guideboard, guidepost, furniture, fixture, improvement, monument,
14.22tablet, or other property of the state of any kind, or who shall willfully violate, or fail
14.23to comply with, any rule of the commissioner adopted and promulgated in accordance
14.24with the provisions of Laws 1923, chapter 430, shall be according to section 86A.06, is
14.25guilty of a petty misdemeanor.
14.26(b) Violations under paragraph (a) adopted for wildlife management areas described
14.27in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law
14.28penalties defined in section 97A.301, subdivision 1, clause (6).
14.29(c) If a different penalty is provided in another section of law for the violation and
14.30the person is charged under that section of law, the penalty specified for the violation
14.31will control over the penalty specified in paragraphs (a) and (b). Violations relating to
14.32the taking of wild animals are subject to the penalties as specified in the game and fish
14.33laws described in section 97A.011.

14.34    Sec. 19. Minnesota Statutes 2010, section 85.46, subdivision 1, is amended to read:
15.1    Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while
15.2riding, leading, or driving a horse on lands administered by the commissioner, except
15.3forest roads and forest roads rights-of-way, a person 16 years of age or over shall carry in
15.4immediate possession a valid horse pass. The pass must be available for inspection by a
15.5peace officer, a conservation officer, or an employee designated under section 84.0835. A
15.6person who violates any provision of this subdivision is guilty of a petty misdemeanor.
15.7    (b) A valid horse pass is not required under this section for a person riding, leading,
15.8or driving a horse on property that is owned by the person or the person's spouse, child,
15.9parent, or guardian.

15.10    Sec. 20. Minnesota Statutes 2010, section 85A.04, subdivision 1, is amended to read:
15.11    Subdivision 1. Deposit; continued operation. (a) All receipts from parking and
15.12admission to the Minnesota Zoological Garden shall be deposited in the state treasury
15.13and credited to an account in the special revenue fund, and are annually appropriated to
15.14the board for operations and maintenance.
15.15(b) The Minnesota Zoological Garden shall remain open, regardless of whether all
15.16or any part of the biennial appropriation law for the zoo has been enacted. Appropriations
15.17under this section shall be used for operations of the zoo when the biennial appropriation
15.18law has not been enacted. If, by July 1 of an odd-numbered year, legislation has not been
15.19enacted to appropriate money to the commissioner of management and budget for central
15.20accounting, procurement, payroll, and human resources functions, amounts necessary to
15.21operate those functions for the purpose of this paragraph are appropriated from the general
15.22fund to the commissioner of management and budget. As necessary, the commissioner
15.23may transfer a portion of this appropriation to other state agencies to support carrying out
15.24these functions. Any subsequent appropriation to the commissioner of management and
15.25budget for a biennium in which this paragraph has been applied supersedes and replaces
15.26the funding authorized in this paragraph.

15.27    Sec. 21. [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
15.28    Subdivision 1. Establishment. The commissioner shall establish a statewide course
15.29in preventing the spread of aquatic invasive species. The commissioner must develop an
15.30educational course and testing program that address identification of aquatic invasive
15.31species and best practices to prevent the spread of aquatic invasive species when moving
15.32water-related equipment, as defined under section 84D.01, subdivision 18a.
16.1    Subd. 2. Aquatic invasive species trailer decal. The commissioner shall issue an
16.2aquatic invasive species trailer decal to a person that satisfactorily completes the required
16.3course of instruction.
16.4    Subd. 3. Contracting for services. The commissioner may contract for services to
16.5provide training and testing services under this section.

16.6    Sec. 22. Minnesota Statutes 2010, section 86B.331, subdivision 1, is amended to read:
16.7    Subdivision 1. Acts prohibited. (a) An owner or other person having charge or
16.8control of a motorboat may not authorize or allow an individual the person knows or has
16.9reason to believe is under the influence of alcohol or a controlled or other substance to
16.10operate the motorboat in operation on the waters of this state.
16.11(b) An owner or other person having charge or control of a motorboat may not
16.12knowingly authorize or allow a person, who by reason of a physical or mental disability
16.13is incapable of operating the motorboat, to operate the motorboat in operation on the
16.14waters of this state.
16.15(c) A person who operates or is in physical control of a motorboat on the waters
16.16of this state is subject to chapter 169A. In addition to the applicable sanctions under
16.17chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance
16.18in conformity with it while operating a motorboat, shall be prohibited from operating
16.19the a motorboat on the waters of this state for a period of 90 days between May 1 and
16.20October 31, extending over two consecutive years if necessary. If the person operating the
16.21motorboat refuses to comply with a lawful demand to submit to testing under sections
16.22169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited
16.23from operating the a motorboat for a period of one year. The commissioner shall notify
16.24the person of the period during which the person is prohibited from operating a motorboat.
16.25(d) Administrative and judicial review of the operating privileges prohibition is
16.26governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
16.27impaired driving conviction or prior license revocation, as defined in section 169A.03.
16.28Otherwise, administrative and judicial review of the prohibition is governed by section
16.29169A.53 .
16.30(e) The court shall promptly forward to the commissioner and the Department of
16.31Public Safety copies of all convictions and criminal and civil sanctions imposed under this
16.32section and chapters 169 and 169A relating to motorboats.
16.33(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
16.34either of them, is guilty of a misdemeanor.
17.1(g) For purposes of this subdivision, a motorboat "in operation" does not include a
17.2motorboat that is anchored, beached, or securely fastened to a dock or other permanent
17.3mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

17.4    Sec. 23. Minnesota Statutes 2010, section 90.031, subdivision 4, is amended to read:
17.5    Subd. 4. Timber rules. The Executive Council may formulate and establish,
17.6from time to time, rules it deems advisable for the transaction of timber business of the
17.7state, including approval of the sale of timber on any tract in a lot exceeding 6,000 cords
17.8in volume when the sale is in the best interests of the state, and may abrogate, modify,
17.9or suspend rules at its pleasure.

17.10    Sec. 24. Minnesota Statutes 2010, section 92.45, is amended to read:
17.1192.45 STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE
17.12PUBLIC WATERS.
17.13All state lands bordering on or adjacent to meandered lakes and other public waters
17.14and watercourses, with the live timber growing on them, are withdrawn from sale except
17.15as provided in this section. The commissioner of natural resources may sell the timber as
17.16otherwise provided by law for cutting and removal under conditions the commissioner
17.17prescribes. The conditions must be in accordance with approved, sustained-yield forestry
17.18practices. The commissioner must reserve the timber and impose other conditions the
17.19commissioner deems necessary to protect watersheds, wildlife habitat, shorelines, and
17.20scenic features. (a) Within the area in Cook, Lake, and St. Louis Counties described in
17.21the Act of Congress approved July 10, 1930, (Statutes at Large, volume 46, page 1020),
17.22the timber on state lands is subject to restrictions like those now imposed by the act on
17.23federal lands.
17.24(b) The following land is reserved for public travel: of all state-owned land
17.25bordering on or adjacent to meandered lakes and other public waters and watercourses
17.26and withdrawn from sale, a strip two rods wide, the ordinary high-water mark being
17.27its waterside boundary, and its landside boundary a line drawn parallel to the ordinary
17.28high-water mark and two rods distant landward from it. Wherever the conformation of the
17.29shore line or conditions require, the commissioner must reserve a wider strip.
17.30Except for sales under section 282.018, subdivision 1, when a state agency or any
17.31other unit of government requests the legislature to authorize the sale of state lands
17.32bordering on or adjacent to meandered lakes and other public waters and watercourses, the
17.33commissioner shall evaluate the lands and their public benefits and make recommendations
17.34on the proposed dispositions to the committees of the legislature with jurisdiction
18.1over natural resources. The commissioner shall include any recommendations of the
18.2commissioner for disposition of lands withdrawn from sale under this section over which
18.3the commissioner has jurisdiction. The commissioner's recommendations may include a
18.4public sale, sale to a private party, acquisition by the commissioner for public purposes,
18.5retention of a conservation easement for shoreland preservation by the commissioner
18.6under chapter 84C, or a cooperative management agreement with, or transfer to, another
18.7unit of government.
18.8(c) The commissioner may sell state lands bordering on or adjacent to the Mississippi
18.9River or any lakes, waters, and watercourses in its bottom lands, desired or needed by the
18.10United States government for, or in connection with, any project heretofore authorized
18.11by Congress, to improve navigation in the Mississippi River at public sale according
18.12to law, as in other cases, upon application by an authorized United States official. The
18.13application must describe the land and include a map showing its location with reference
18.14to adjoining properties.

18.15    Sec. 25. Minnesota Statutes 2010, section 92.50, subdivision 1, is amended to read:
18.16    Subdivision 1. Lease terms. (a) The commissioner of natural resources may lease
18.17land under the commissioner's jurisdiction and control:
18.18(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;
18.19(2) to store ore, waste materials from mines, or rock and tailings from ore milling
18.20plants;
18.21(3) for roads or railroads; or
18.22(4) for other uses consistent with the interests of the state.
18.23(b) The commissioner shall offer the lease at public or private sale for an amount
18.24and under terms and conditions prescribed by the commissioner. Commercial leases for
18.25more than ten years and leases for removal of peat that cover 320 or more acres must be
18.26approved by the Executive Council.
18.27(c) The lease term may not exceed ten 21 years except:
18.28(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
18.29tailings from ore milling plants, or for the removal of peat for nonagricultural purposes
18.30may not exceed a term of 25 years; and
18.31(2) leases for the use of peat lands for agricultural purposes may not exceed 21
18.32years; and
18.33(3) (2) leases for commercial purposes, including major resort, convention center, or
18.34recreational area purposes, may not exceed a term of 40 years.
19.1(d) Leases must be subject to sale and leasing of the land for mineral purposes and
19.2contain a provision for cancellation for just cause at any time by the commissioner upon
19.3six months' written notice. A longer notice period, not exceeding three years, may be
19.4provided in leases for storing ore, waste materials from mines or rock or tailings from ore
19.5milling plants. The commissioner may determine the terms and conditions, including the
19.6notice period, for cancellation of a lease for the removal of peat and commercial leases.
19.7(e) Money received from leases under this section must be credited to the fund to
19.8which the land belongs.

19.9    Sec. 26. Minnesota Statutes 2010, section 93.17, subdivision 3, is amended to read:
19.10    Subd. 3. Bid acceptance. (a) At the time and place fixed for the sale, the
19.11commissioner shall publicly announce the number of applications and bids received. The
19.12commissioner shall then publicly open the bids and announce the amount of each bid
19.13separately. Thereafter, the commissioner, together with the Executive Council, shall
19.14award the leases to the highest bidders for the respective mining units, but no bids shall
19.15be accepted that do not equal or exceed the minimum amounts provided for in section
19.1693.20 , nor shall any bid be accepted that does not comply with the law. The right is
19.17reserved to the state to reject any and all bids.
19.18(b) All applications for leases and bids not accepted at the sale shall become void at
19.19the close of the sale and the payment accompanying the applications and bids shall be
19.20returned to the applicants entitled to them.
19.21(c) Upon the award of a lease, the payment submitted with the application as
19.22provided by subdivision 1 shall be deposited with the commissioner of management
19.23and budget as a fee for the lease.

19.24    Sec. 27. Minnesota Statutes 2010, section 93.1925, subdivision 1, is amended to read:
19.25    Subdivision 1. Conditions required. When the commissioner finds that the best
19.26interests of the state will be served and the circumstances in clause (1), (2), or (3) exist,
19.27the commissioner, with the approval of the Executive Council, may issue an iron ore or
19.28taconite iron ore mining lease through negotiations to an applicant. A lease may be issued
19.29through negotiations under any of the following circumstances:
19.30(1) the state taconite iron ore is adjacent to taconite iron ore owned or leased for
19.31mining purposes by the applicant and the commissioner finds that it is impracticable to
19.32mine the state taconite iron ore except in conjunction with the mining of the adjacent ore;
19.33(2) the lands to be leased are primarily valuable for their natural iron ore content; or
20.1(3) the state's mineral ownership interest in the lands to be leased is an undivided
20.2fractional interest and the applicant holds under control a majority of the remaining
20.3undivided fractional mineral interests in the lands to be leased.

20.4    Sec. 28. Minnesota Statutes 2010, section 93.20, subdivision 2, is amended to read:
20.5    Subd. 2. Term; conditions. The commissioner of natural resources, with the
20.6approval of the Executive Council, may, so far as the commissioner deems advisable in
20.7furtherance of the public interests, fix the term of any lease at any period not exceeding
20.8that hereinafter prescribed, or may include in a lease any other conditions not inconsistent
20.9herewith relating to performance by the lessee or other pertinent matters, provided, that
20.10in case of a lease made pursuant to a permit issued upon public sale, a statement of
20.11such conditions shall be included in the designation of the mining unit affected before
20.12publication of the notice of sale.

20.13    Sec. 29. Minnesota Statutes 2010, section 93.20, subdivision 30, is amended to read:
20.14    Subd. 30. Supplemental agreement. In case it shall become impossible or
20.15impracticable at any time during the term of this lease to comply with the provisions
20.16hereof relating to sampling, analysis, shipping, or weighing of ore, or in case methods
20.17for any of said operations shall be developed which appear to be superior to those herein
20.18prescribed and which will not result in any loss or disadvantage to the state hereunder,
20.19the commissioner of natural resources, with the approval of the Executive Council, may
20.20make a supplemental agreement with the part..... of the second part, modifying this lease
20.21so as to authorize the adoption of such other methods for any of said operations so far as
20.22deemed expedient.

20.23    Sec. 30. Minnesota Statutes 2010, section 93.20, subdivision 38, is amended to read:
20.24    Subd. 38. Lease modification. Any state iron ore mining lease heretofore or
20.25hereafter issued and in force may be modified by the commissioner of natural resources,
20.26with the approval of the Executive Council, upon application of the holder of the lease,
20.27by written agreement with the holder, so as to conform with the provisions of the laws in
20.28force at the time of such application with respect to the methods of shipping, weighing,
20.29and analyzing ore and computing royalty thereon, the time of payment of rental and
20.30royalty, the beneficiation or treatment of iron ore and the disposal of concentrates and
20.31residues therefrom, the stockpiling, depositing, or disposal of iron ore or other material,
20.32and the making of statements and reports pertaining to said matters.

21.1    Sec. 31. Minnesota Statutes 2010, section 93.25, subdivision 2, is amended to read:
21.2    Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or
21.3petroleum must be approved by the Executive Council, and any other mineral lease issued
21.4pursuant to this section that covers 160 or more acres must be approved by the Executive
21.5Council. (a) Except as provided in subdivision 2a, the rents, royalties, terms, conditions,
21.6and covenants of all such leases shall be fixed by the commissioner according to rules
21.7adopted by the commissioner, but no lease shall be for a longer term than 50 years, and
21.8all rents, royalties, terms, conditions, and covenants shall be fully set forth in each lease
21.9issued. The rents and royalties shall be credited to the funds as provided in section 93.22.
21.10(b) The applicant must submit with the application a certified check, cashier's check,
21.11or bank money order, payable to the Department of Natural Resources, in the sum of
21.12$1,000 as a fee for filing an application for a lease being offered at public sale and in
21.13the sum of $2,000 as a fee for filing an application for a lease through negotiation. The
21.14application fee for a negotiated lease shall not be refunded under any circumstances. The
21.15application fee must be deposited in the minerals management account in the natural
21.16resources fund.

21.17    Sec. 32. Minnesota Statutes 2010, section 93.25, is amended by adding a subdivision
21.18to read:
21.19    Subd. 2a. Rents. The commissioner shall, by written order, establish the schedule
21.20of rental rates of all leases issued under this section. The commissioner shall update the
21.21schedule of rental rates every five years. The schedule of rental rates and any adjustment
21.22to the schedule are not subject to the rulemaking provisions of chapter 14 and section
21.2314.386 does not apply.

21.24    Sec. 33. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
21.25    Subdivision 1. Commissioner's authority. The commissioner may issue special
21.26permits for the activities in this section. A special permit may be issued in the form of a
21.27general permit to a governmental subdivision or to the general public to conduct one or
21.28more activities under subdivisions 2 to 7.

21.29    Sec. 34. Minnesota Statutes 2010, section 97A.421, subdivision 4a, is amended to read:
21.30    Subd. 4a. Suspension for failure to appear in court or pay a fine or surcharge.
21.31When a court reports to the commissioner that a person: (1) has failed to appear in court
21.32under the summons issued in response to a notice to appear or fails to comply with other
21.33orders of the court regarding the appearance or proceedings for a violation of the game
22.1and fish laws; or (2) has been convicted of violating a provision of the game and fish
22.2laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
22.3and refused or failed to comply with that sentence or to pay the fine or surcharge, the
22.4commissioner shall suspend the game and fish license and permit privileges of the person
22.5until notified by the court that the person has appeared in court under clause (1) or that any
22.6fine or surcharge due the court has been paid under clause (2).

22.7    Sec. 35. Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:
22.897C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
22.9(a) A person may not use live minnows imported from outside of the state, game
22.10fish, goldfish, or carp for bait. The commissioner may, by written order published in
22.11the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
22.12their use. The order is exempt from the rulemaking provisions of chapter 14 and section
22.1314.386 does not apply.
22.14(b) A person may not import or possess live, frozen, or processed bait from known
22.15waters where viral hemorrhagic septicemia has been identified as being present,: (1)
22.16unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
22.17prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
22.18(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
22.19invertebrates, and insects used for taking wild animals in waters of the state.
22.20    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
22.21be used as:
22.22    (1) fresh or frozen bait only on Lake Superior; or
22.23    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
22.24manner prescribed by rules adopted by the commissioner.
22.25(d) To ensure that frozen or dead fish being brought into the state are not in violation
22.26of paragraph (b), the following paperwork must accompany the shipment. Documents
22.27must be open for inspection by the commissioner at any reasonable time. All documents
22.28must be available to purchasers of these bait items. Each container or package of frozen or
22.29dead fish must have the following information:
22.30(1) water body source;
22.31(2) lot number;
22.32(3) company contact including name, phone, and address;
22.33(4) date of packaging and labeling; and
22.34(5) valid negative fish health certification from the source water body.

23.1    Sec. 36. Minnesota Statutes 2010, section 103A.43, is amended to read:
23.2103A.43 WATER ASSESSMENTS AND REPORTS.
23.3    (a) The Environmental Quality Board shall consolidate the assessments required
23.4in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single
23.5report to the house of representatives and senate committees with jurisdiction over the
23.6environment, natural resources, and agriculture and the Legislative-Citizen Commission
23.7on Minnesota Resources by September 15, 2010, and every five years thereafter.
23.8    (b) The Pollution Control Agency and the Department of Agriculture shall provide a
23.9biennial an assessment and analysis of water quality, groundwater degradation trends, and
23.10efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment
23.11and analysis must include an analysis of relevant monitoring data.
23.12    (c) The Department of Natural Resources shall provide an assessment and analysis
23.13of the quantity of surface and ground water in the state and the availability of water to
23.14meet the state's needs.

23.15    Sec. 37. Minnesota Statutes 2010, section 103B.101, subdivision 2, is amended to read:
23.16    Subd. 2. Voting members. (a) The members are:
23.17(1) three county commissioners;
23.18(2) three soil and water conservation district supervisors;
23.19(3) three watershed district or watershed management organization representatives;
23.20(4) three citizens who are not employed by, or the appointed or elected officials of, a
23.21state governmental office, board, or agency;
23.22(5) one township officer;
23.23(6) two elected city officials, one of whom must be from a city located in the
23.24metropolitan area, as defined under section 473.121, subdivision 2;
23.25(7) the commissioner of agriculture;
23.26(8) the commissioner of health;
23.27(9) the commissioner of natural resources;
23.28(10) the commissioner of the Pollution Control Agency; and
23.29(11) the director of the University of Minnesota Extension Service.
23.30(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
23.31with at least four members but not more than six members from the metropolitan area,
23.32as defined by section 473.121, subdivision 2; and one from each of the current soil and
23.33water conservation administrative regions.
23.34(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor.
23.35In making the appointments, the governor may consider persons recommended by
24.1the Association of Minnesota Counties, the Minnesota Association of Townships, the
24.2League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation
24.3Districts, and the Minnesota Association of Watershed Districts. The list submitted by an
24.4association must contain at least three nominees for each position to be filled.
24.5(d) The membership terms, compensation, removal of members and filling of
24.6vacancies on the board for members in paragraph (a), clauses (1) to (6), are as provided
24.7in section 15.0575.

24.8    Sec. 38. Minnesota Statutes 2010, section 103B.101, subdivision 7, is amended to read:
24.9    Subd. 7. Hearings, orders, and rulemaking. The board may hold public hearings
24.10and adopt rules and orders necessary to execute its duties.

24.11    Sec. 39. Minnesota Statutes 2010, section 103B.101, is amended by adding a
24.12subdivision to read:
24.13    Subd. 8a. Bylaws and conflict of interest. The board shall adopt bylaws that
24.14include provisions to prevent or address conflict of interest.

24.15    Sec. 40. Minnesota Statutes 2010, section 103B.101, subdivision 10, is amended to
24.16read:
24.17    Subd. 10. Committee for dispute resolution. A committee of the board is
24.18established to hear and resolve disputes, appeals, and interventions under sections
24.19103A.301 to 103A.341; 103B.101; 103B.231; 103B.345; 103D.535; 103D.537; and
24.20103G.2242, subdivision 9 . The committee consists of two of the three citizen members;
24.21one county commissioner member; one soil and water conservation district supervisor
24.22member; and one watershed district or watershed management organization representative
24.23member. The committee is appointed by the board chair. The board shall adopt bylaws
24.24governing committee membership and duties.

24.25    Sec. 41. Minnesota Statutes 2010, section 103B.101, is amended by adding a
24.26subdivision to read:
24.27    Subd. 14. Local water management coordination. (a) The board may adopt
24.28resolutions, policies, or orders that allow a comprehensive plan, local water management
24.29plan, or watershed management plan, developed or amended, approved and adopted,
24.30according to chapter 103B, 103C, or 103D to serve as substitutes for one another or be
24.31replaced with a comprehensive watershed management plan. The board may also develop
24.32criteria for incorporating or coordinating the elements of metropolitan county groundwater
25.1plans in accordance with section 103B.255. The board shall, to the extent practicable,
25.2incorporate a watershed approach when adopting the resolutions, policies, or orders, and
25.3shall establish a suggested watershed boundary framework for development, approval,
25.4adoption, and coordination of plans.
25.5(b) The board shall work with local government stakeholders and others to foster
25.6mutual understanding and develop recommendations for local water management and
25.7related state water management policy and programs. The board may convene informal
25.8working groups or work teams to develop information, education, and recommendations.
25.9Local government units may develop and carry out TMDL implementation plans, or their
25.10equivalent, as provided in chapter 114D, as part of the local water management plans and
25.11responsibilities under chapters 103B, 103C, and 103D.

25.12    Sec. 42. Minnesota Statutes 2010, section 103B.101, is amended by adding a
25.13subdivision to read:
25.14    Subd. 15. Local water management boundary and plan determinations and
25.15appeals. (a) Local government units may either submit a request for a plan boundary
25.16determination as part of a plan approval request or apply separately for a plan boundary
25.17determination from the board before requesting plan approval. Local government units
25.18must provide written documentation of the rationale and justification for the proposed
25.19boundary. The board may request additional information needed to make a plan boundary
25.20determination.
25.21(b) Local government units may appeal a board decision to deny approval of a plan
25.22or the establishment of a plan boundary. An appeal of a board decision may be taken to the
25.23state Court of Appeals and must be considered an appeal from a contested case decision
25.24for purposes of judicial review under sections 14.63 to 14.69. Local government units
25.25may request the board's dispute resolution committee or executive director to hear and
25.26make recommendations to resolve boundary and plan implementation disputes.

25.27    Sec. 43. Minnesota Statutes 2010, section 103B.311, subdivision 4, is amended to read:
25.28    Subd. 4. Water plan requirements. (a) A local water management plan must:
25.29(1) cover the entire area within a county;
25.30(2) address water problems in the context of watershed units and groundwater
25.31systems;
25.32(3) be based upon principles of sound hydrologic management of water, effective
25.33environmental protection, and efficient management;
26.1(4) be consistent with local water management plans prepared by counties and
26.2watershed management organizations wholly or partially within a single watershed unit or
26.3groundwater system; and
26.4(5) the local water management plan must specify the period covered by the local
26.5water management plan and must extend at least five years but no more than ten years from
26.6the date the board approves the local water management plan. Local water management
26.7plans that contain revision dates inconsistent with this section must comply with that date,
26.8provided it is not more than ten years beyond the date of board approval. A two-year
26.9extension of the revision date of a local water management plan may be granted by the
26.10board, provided no projects are ordered or commenced during the period of the extension.
26.11(b) Existing water and related land resources plans, including plans related to
26.12agricultural land preservation programs developed pursuant to chapter 40A, must be
26.13fully utilized in preparing the local water management plan. Duplication of the existing
26.14plans is not required.

26.15    Sec. 44. Minnesota Statutes 2010, section 103B.3363, is amended by adding a
26.16subdivision to read:
26.17    Subd. 6. Comprehensive watershed management plan. "Comprehensive
26.18watershed management plan" means a plan to manage the water and related natural
26.19resources of a watershed that consists of the plans listed in subdivision 3 or a separate
26.20plan that has been approved as a substitute by the board and adopted by local units
26.21of government for the same or additional purposes. The comprehensive watershed
26.22management plan shall be consistent with the goals of section 103A.212 and may address
26.23the goals in sections 103A.201 to 103A.211, and chapter 114D.

26.24    Sec. 45. [103B.3367] WATER PLAN EXTENSIONS.
26.25The board may grant extensions with or without conditions of the revision date of a
26.26comprehensive local water management plan or a comprehensive watershed management
26.27plan.

26.28    Sec. 46. Minnesota Statutes 2010, section 103B.3369, is amended to read:
26.29103B.3369 LOCAL WATER RESOURCES RESTORATION, PROTECTION,
26.30AND MANAGEMENT PROGRAM.
26.31    Subdivision 1. Assistance priorities. State agencies may give priority to local
26.32government unit requests that are part of or responsive to a comprehensive plan, local
26.33water management plan, watershed management plan, or comprehensive watershed
27.1management plan, developed or amended, approved and adopted, according to chapter
27.2103B, 103C, 103D, or 114D, when administering programs for water-related financial
27.3and technical assistance.
27.4    Subd. 2. Establishment. A local water resources restoration, protection, and
27.5management program is established. The board may provide financial assistance to local
27.6units of government for activities that restore, protect, or manage water and related land
27.7quality. The activities include planning, zoning, official controls, best management
27.8practices, capital projects, and other activities to implement a comprehensive plan, local
27.9water management plans plan, or watershed management plan, developed or amended,
27.10adopted and approved, according to chapter 103B, 103C, or 103D.
27.11    Subd. 4. Contracts. A local unit of government may contract to implement
27.12programs. An explanation of the program responsibilities proposed to be contracted must
27.13accompany grant requests. A local unit of government that contracts is responsible for
27.14ensuring that state funds are properly expended and for providing an annual report to the
27.15board describing expenditures of funds and program accomplishments.
27.16    Subd. 5. Financial assistance. A base grant may be awarded to a county that
27.17provides a match utilizing a water implementation tax or other local source. A water
27.18implementation tax that a county intends to use as a match to the base grant must be levied
27.19at a rate determined by the board. The minimum amount of the water implementation tax
27.20shall be a tax rate times the adjusted net tax capacity of the county for the preceding year.
27.21The rate shall be the rate, rounded to the nearest .001 of a percent, that, when applied
27.22to the adjusted net tax capacity for all counties, raises the amount of $1,500,000. The
27.23base grant will be in an amount equal to $37,500 less the amount raised by the local
27.24match. If the amount necessary to implement the local water plan for the county is less
27.25than $37,500, the amount of the base grant shall be the amount that, when added to the
27.26match amount, equals the amount required to implement the plan. For counties where
27.27the tax rate generates an amount equal to or greater than $18,750, the base grant shall
27.28be in an amount equal to $18,750. The board may award performance-based grants to
27.29local units of government that are responsible for implementing elements of applicable
27.30portions of watershed management plans, comprehensive plans, local water management
27.31plans, or comprehensive watershed management plans, developed or amended, adopted
27.32and approved, according to chapter 103B, 103C, or 103D. Upon request by a local
27.33government unit, the board may also award performance-based grants to local units of
27.34government to carry out TMDL implementation plans as provided in chapter 114D, if the
27.35TMDL implementation plan has been incorporated into the local water management plan
27.36according to the procedures for approving comprehensive plans, watershed management
28.1plans, local water management plans, or comprehensive watershed management plans
28.2under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone
28.3a public review process. Notwithstanding section 16A.41, the board may award
28.4performance-based grants on an advanced basis.
28.5    Subd. 6. Limitations Conditions. (a) Grants provided to implement programs
28.6under this section must be reviewed by the state agency having statutory program authority
28.7to assure compliance with minimum state standards. At the request of the state agency
28.8commissioner, the board shall revoke the portion of a grant used to support a program
28.9not in compliance.
28.10(b) Grants may be provided to develop or revise, amend, or implement, local water
28.11management plans may not be awarded for a time longer than two years, comprehensive
28.12plans, watershed management plans, or comprehensive watershed management plans,
28.13approved and adopted, according to chapter 103B, 103C, 103D, or chapter 114D.
28.14(c) A local unit of government may not request or be awarded grants for project
28.15implementation unless a comprehensive plan, local water management water plan has
28.16been adopted, watershed management plan, or comprehensive watershed management
28.17plan has been developed or amended, adopted and approved, according to chapter 103B,
28.18103C, or 103D.
28.19    Subd. 7. Performance criteria. The board shall develop and utilize
28.20performance-based criteria for local water resources restoration, protection, and
28.21management programs and projects. The criteria may include, but are not limited to,
28.22science-based assessments, organizational capacity, priority resource issues, community
28.23outreach and support, partnership potential, potential for multiple benefits, and program
28.24and project delivery efficiency and effectiveness.

28.25    Sec. 47. Minnesota Statutes 2010, section 103B.355, is amended to read:
28.26103B.355 APPLICATION.
28.27Sections 103B.301 to 103B.335 and 103B.341 to 103B.355 do not apply in areas
28.28subject to the requirements of sections 103B.201 to 103B.255 under section 103B.231,
28.29subdivision 1 , and in areas covered by an agreement under section 103B.231, subdivision
28.302 , except as otherwise provided in section 103B.311, subdivision 4, clause (4).

28.31    Sec. 48. Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1,
28.32is amended to read:
28.33    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
28.34partially, unless replaced by restoring or creating wetland areas of at least equal public
29.1value under a replacement plan approved as provided in section 103G.2242, a replacement
29.2plan under a local governmental unit's comprehensive wetland protection and management
29.3plan approved by the board under section 103G.2243, or, if a permit to mine is required
29.4under section 93.481, under a mining reclamation plan approved by the commissioner
29.5under the permit to mine. For project-specific wetland replacement completed prior to
29.6wetland impacts authorized or conducted under a permit to mine within the Great Lakes
29.7and Rainy River watershed basins, those basins shall be considered a single watershed
29.8for purposes of determining wetland replacement ratios. Mining reclamation plans shall
29.9apply the same principles and standards for replacing wetlands by restoration or creation
29.10of wetland areas that are applicable to mitigation plans approved as provided in section
29.11103G.2242 . Public value must be determined in accordance with section 103B.3355 or
29.12a comprehensive wetland protection and management plan established under section
29.13103G.2243 . Sections 103G.221 to 103G.2372 also apply to excavation in permanently
29.14and semipermanently flooded areas of types 3, 4, and 5 wetlands.
29.15    (b) Replacement must be guided by the following principles in descending order
29.16of priority:
29.17    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
29.18the wetland;
29.19    (2) minimizing the impact by limiting the degree or magnitude of the wetland
29.20activity and its implementation;
29.21    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
29.22wetland environment;
29.23    (4) reducing or eliminating the impact over time by preservation and maintenance
29.24operations during the life of the activity;
29.25    (5) compensating for the impact by restoring a wetland; and
29.26    (6) compensating for the impact by replacing or providing substitute wetland
29.27resources or environments.
29.28    For a project involving the draining or filling of wetlands in an amount not exceeding
29.2910,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
29.30paragraph (a), the local government unit may make an on-site sequencing determination
29.31without a written alternatives analysis from the applicant.
29.32    (c) If a wetland is located in a cultivated field, then replacement must be
29.33accomplished through restoration only without regard to the priority order in paragraph
29.34(b), provided that a deed restriction is placed on the altered wetland prohibiting is not
29.35converted to a nonagricultural use for at least ten years.
30.1    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
30.2subdivision 2 , paragraphs paragraph (b) and or (e), the local government unit may require
30.3a deed restriction that prohibits nonagricultural use for at least ten years unless the drained
30.4wetland is replaced as provided under this section. The local government unit may require
30.5the deed restriction if it determines the wetland area drained is at risk of conversion to
30.6a nonagricultural use within ten years based on the zoning classification, proximity to a
30.7municipality or full service road, or other criteria as determined by the local government
30.8unit.
30.9    (e) Restoration and replacement of wetlands must be accomplished in accordance
30.10with the ecology of the landscape area affected and ponds that are created primarily to
30.11fulfill storm water management, and water quality treatment requirements may not be
30.12used to satisfy replacement requirements under this chapter unless the design includes
30.13pretreatment of runoff and the pond is functioning as a wetland.
30.14    (f) Except as provided in paragraph (g), for a wetland or public waters wetland
30.15located on nonagricultural land, replacement must be in the ratio of two acres of replaced
30.16wetland for each acre of drained or filled wetland.
30.17    (g) For a wetland or public waters wetland located on agricultural land or in a greater
30.18than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
30.19for each acre of drained or filled wetland.
30.20    (h) Wetlands that are restored or created as a result of an approved replacement plan
30.21are subject to the provisions of this section for any subsequent drainage or filling.
30.22    (i) Except in a greater than 80 percent area, only wetlands that have been restored
30.23from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
30.24wetlands created by dikes or dams along public or private drainage ditches, or wetlands
30.25created by dikes or dams associated with the restoration of previously drained or filled
30.26wetlands may be used in a statewide banking program established in rules adopted under
30.27section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
30.28occurring wetlands from one type to another are not eligible for enrollment in a statewide
30.29wetlands bank.
30.30    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
30.312 , shall ensure that sufficient time has occurred for the wetland to develop wetland
30.32characteristics of soils, vegetation, and hydrology before recommending that the wetland
30.33be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
30.34to believe that the wetland characteristics may change substantially, the panel shall
30.35postpone its recommendation until the wetland has stabilized.
31.1    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
31.2apply to the state and its departments and agencies.
31.3    (l) For projects involving draining or filling of wetlands associated with a new public
31.4transportation project, and for projects expanded solely for additional traffic capacity,
31.5public transportation authorities may purchase credits from the board at the cost to the
31.6board to establish credits. Proceeds from the sale of credits provided under this paragraph
31.7are appropriated to the board for the purposes of this paragraph. For the purposes of this
31.8paragraph, "transportation project" does not include an airport project.
31.9    (m) A replacement plan for wetlands is not required for individual projects that
31.10result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
31.11or replacement of a currently serviceable existing state, city, county, or town public road
31.12necessary, as determined by the public transportation authority, to meet state or federal
31.13design or safety standards or requirements, excluding new roads or roads expanded solely
31.14for additional traffic capacity lanes. This paragraph only applies to authorities for public
31.15transportation projects that:
31.16    (1) minimize the amount of wetland filling or draining associated with the project
31.17and consider mitigating important site-specific wetland functions on site;
31.18    (2) except as provided in clause (3), submit project-specific reports to the board, the
31.19Technical Evaluation Panel, the commissioner of natural resources, and members of the
31.20public requesting a copy at least 30 days prior to construction that indicate the location,
31.21amount, and type of wetlands to be filled or drained by the project or, alternatively,
31.22convene an annual meeting of the parties required to receive notice to review projects to
31.23be commenced during the upcoming year; and
31.24    (3) for minor and emergency maintenance work impacting less than 10,000 square
31.25feet, submit project-specific reports, within 30 days of commencing the activity, to the
31.26board that indicate the location, amount, and type of wetlands that have been filled
31.27or drained.
31.28    Those required to receive notice of public transportation projects may appeal
31.29minimization, delineation, and on-site mitigation decisions made by the public
31.30transportation authority to the board according to the provisions of section 103G.2242,
31.31subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
31.32decisions made by the public transportation authority and provide recommendations
31.33regarding on-site mitigation if requested to do so by the local government unit, a
31.34contiguous landowner, or a member of the Technical Evaluation Panel.
31.35    Except for state public transportation projects, for which the state Department of
31.36Transportation is responsible, the board must replace the wetlands, and wetland areas of
32.1public waters if authorized by the commissioner or a delegated authority, drained or filled
32.2by public transportation projects on existing roads.
32.3    Public transportation authorities at their discretion may deviate from federal and
32.4state design standards on existing road projects when practical and reasonable to avoid
32.5wetland filling or draining, provided that public safety is not unreasonably compromised.
32.6The local road authority and its officers and employees are exempt from liability for
32.7any tort claim for injury to persons or property arising from travel on the highway and
32.8related to the deviation from the design standards for construction or reconstruction under
32.9this paragraph. This paragraph does not preclude an action for damages arising from
32.10negligence in construction or maintenance on a highway.
32.11    (n) If a landowner seeks approval of a replacement plan after the proposed project
32.12has already affected the wetland, the local government unit may require the landowner to
32.13replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
32.14required.
32.15    (o) A local government unit may request the board to reclassify a county or
32.16watershed on the basis of its percentage of presettlement wetlands remaining. After
32.17receipt of satisfactory documentation from the local government, the board shall change
32.18the classification of a county or watershed. If requested by the local government unit,
32.19the board must assist in developing the documentation. Within 30 days of its action to
32.20approve a change of wetland classifications, the board shall publish a notice of the change
32.21in the Environmental Quality Board Monitor.
32.22    (p) One hundred citizens who reside within the jurisdiction of the local government
32.23unit may request the local government unit to reclassify a county or watershed on the basis
32.24of its percentage of presettlement wetlands remaining. In support of their petition, the
32.25citizens shall provide satisfactory documentation to the local government unit. The local
32.26government unit shall consider the petition and forward the request to the board under
32.27paragraph (o) or provide a reason why the petition is denied.

32.28    Sec. 49. Minnesota Statutes 2010, section 103G.2241, subdivision 9, is amended to
32.29read:
32.30    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) (d), (e), (f), (g) and
32.31(c) (h), a replacement plan for wetlands is not required for draining or filling the following
32.32amounts of wetlands as part of a project outside of the shoreland wetland protection zone:
32.33    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
32.34tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
32.3580 percent area;
33.1    (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
33.2tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
33.3area, except within the 11-county metropolitan area;
33.4    (3) 2,000 square feet of type 1, 2, or 6, or 7 wetland, outside of the shoreland wetland
33.5protection zone excluding white cedar and tamarack wetlands, in a less than 50 percent
33.6area, except within the 11-county metropolitan area; or
33.7    (4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland
33.8types not listed in clauses (1) to (3) outside of the building setback zone of the shoreland
33.9wetland protection zones in all counties;.
33.10(b) Except as provided in paragraphs (d), (e), (f), (g), and (h), a replacement plan
33.11for wetlands is not required for draining or filling the following amounts of wetlands
33.12as part of a project within the shoreland wetland protection zone beyond the shoreland
33.13building setback zone:
33.14    (5) (1) 400 square feet of type 1, 2, 6, or 7 wetland types listed in clauses (1) to
33.15(3), beyond the building setback zone, as defined in the local shoreland management
33.16ordinance, but within the shoreland wetland protection zone.; or
33.17(2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.
33.18In a greater than 80 percent area, the local government unit may increase the de
33.19minimis amount allowed under item (1) may be increased up to 1,000 square feet if the
33.20wetland is isolated and is determined to have no direct surficial connection to the public
33.21water or if permanent water runoff retention or infiltration measures are established in
33.22proximity as approved by the shoreland management authority.
33.23(c) Except as provided in paragraphs (d), (e), (f), (g), and (h) a replacement plan
33.24for wetlands is not required for draining or filling up to 20 square feet of wetland as part
33.25of a project within the shoreland building setback zone, as defined in the local shoreland
33.26management ordinance. The amount in this paragraph may be increased to 100 square feet
33.27if permanent water runoff retention or infiltration measures are established in proximity as
33.28approved by the shoreland management authority.
33.29To the extent that a local shoreland management ordinance is more restrictive than
33.30this provision, the local shoreland ordinance applies;
33.31    (6) up to 20 square feet of wetland, regardless of type or location;
33.32    (7) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
33.33tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
33.34area within the 11-county metropolitan area; or
33.35    (8) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
33.36protection zone in a less than 50 percent area within the 11-county metropolitan area.
34.1    For purposes of this paragraph, the 11-county metropolitan area consists of the
34.2counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
34.3Washington, and Wright.
34.4    (b) (d) The amounts listed in paragraph paragraphs (a), clauses (1) to (8), (b), and (c)
34.5may not be combined on a project.
34.6    (c) (e) This exemption no longer applies to a landowner's portion of a wetland
34.7when the cumulative area drained or filled of the landowner's portion since January 1,
34.81992, is the greatest of:
34.9    (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns
34.10the entire wetland;
34.11    (2) five percent of the landowner's portion of the wetland; or
34.12    (3) 400 square feet.
34.13    (d) (f) This exemption may not be combined with another exemption in this section
34.14on a project.
34.15    (e) (g) Property may not be divided to increase the amounts listed in paragraph (a).
34.16(h) If a local ordinance or similar local control is more restrictive than this
34.17subdivision, the local standard applies.

34.18    Sec. 50. Minnesota Statutes 2010, section 103G.2242, subdivision 3, is amended to
34.19read:
34.20    Subd. 3. Replacement completion. Replacement of wetland values must be
34.21completed prior to or concurrent with the actual draining or filling of a wetland, or unless
34.22an irrevocable bank letter of credit or other security acceptable to the local government
34.23unit must be or the board is given to the local government unit or the board to guarantee
34.24the successful completion of the replacement. The board may establish, sponsor, or
34.25administer a wetland banking program, which may include provisions allowing monetary
34.26payment to the wetland bank for impacts to wetlands on agricultural land, for impacts
34.27that occur in greater than 80 percent areas, and for public road projects. The board shall
34.28coordinate the establishment and operation of a wetland bank with the United States
34.29Army Corps of Engineers, the Natural Resources Conservation Service of the United
34.30States Department of Agriculture, and the commissioners of natural resources, agriculture,
34.31and the Pollution Control Agency.

34.32    Sec. 51. [103G.2375] ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN
34.33WATER ACT.
35.1Notwithstanding any other law to the contrary, the Board of Water and Soil
35.2Resources, in consultation with the commissioners of natural resources, agriculture,
35.3and the Pollution Control Agency, may adopt or amend rules establishing a program
35.4for regulating the discharge of dredged and fill material into the waters of the state as
35.5necessary to obtain approval from the United States Environmental Protection Agency to
35.6administer, in whole or part, the permitting and wetland banking programs under section
35.7404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules
35.8may not be more restrictive than the program under section 404 or state law.

35.9    Sec. 52. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
35.10    Subd. 3. Permit application. Application for a public waters work permit must
35.11be in writing to the commissioner on forms prescribed by the commissioner. The
35.12commissioner may issue a state general permit to a governmental subdivision or to the
35.13general public for classes of activities having minimal impact upon public waters under
35.14which more than one project may be conducted under a single permit.

35.15    Sec. 53. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
35.16    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
35.17a person, partnership, or association, private or public corporation, county, municipality,
35.18or other political subdivision of the state may not appropriate or use waters of the state
35.19without a water use permit from the commissioner.
35.20(b) This section does not apply to use for a water supply by less than 25 persons for
35.21domestic purposes.
35.22(c) The commissioner may issue a state general permit for appropriation of water
35.23to a governmental subdivision or to the general public for classes of activities that have
35.24minimal impact upon waters of the state. The general permit may authorize more than
35.25one project and the appropriation or use of more than one source of water. Water use
35.26permit processing fees and reports required under subdivision 6 and section 103G.281,
35.27subdivision 3 , are required for each project or water source that is included under a
35.28general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
35.29annually.

35.30    Sec. 54. Minnesota Statutes 2010, section 103G.291, subdivision 3, is amended to read:
35.31    Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier
35.32serving more than 1,000 people must submit a water supply plan to the commissioner
35.33for approval by January 1, 1996. In accordance with guidelines developed by the
36.1commissioner, the plan must address projected demands, adequacy of the water supply
36.2system and planned improvements, existing and future water sources, natural resource
36.3impacts or limitations, emergency preparedness, water conservation, supply and demand
36.4reduction measures, and allocation priorities that are consistent with section 103G.261.
36.5Public water suppliers must update their plan and, upon notification, submit it to the
36.6commissioner for approval every ten years.
36.7    (b) The water supply plan in paragraph (a) is required for all communities in the
36.8metropolitan area, as defined in section 473.121, with a municipal water supply system
36.9and is a required element of the local comprehensive plan required under section 473.859.
36.10Water supply plans or updates submitted after December 31, 2008, must be consistent
36.11with the metropolitan area master water supply plan required under section 473.1565,
36.12subdivision 1, paragraph (a), clause (2).
36.13    (c) Public water suppliers serving more than 1,000 people must employ encourage
36.14water conservation by employing water use demand reduction measures, including a
36.15conservation rate structure, as defined in subdivision 4, paragraph (a), unless exempted
36.16under subdivision 4, paragraph (c), before requesting approval from the commissioner
36.17of health under section 144.383, paragraph (a), to construct a public water supply well
36.18or requesting an increase in the authorized volume of appropriation. Demand reduction
36.19measures must include evaluation of conservation rate structures and a public education
36.20program that may include a toilet and showerhead retrofit program. The commissioner
36.21of natural resources and the water supplier shall use a collaborative process to achieve
36.22demand reduction measures as a part of a water supply plan review process.
36.23    (d) Public water suppliers serving more than 1,000 people must submit records
36.24that indicate the number of connections and amount of use by customer category and
36.25volume of water unaccounted for with the annual report of water use required under
36.26section 103G.281, subdivision 3.
36.27    (e) For the purposes of this section, "public water supplier" means an entity
36.28that owns, manages, or operates a public water supply, as defined in section 144.382,
36.29subdivision 4 .

36.30    Sec. 55. Minnesota Statutes 2010, section 103G.291, subdivision 4, is amended to read:
36.31    Subd. 4. Conservation rate structure required Demand reduction measures.
36.32    (a) For the purposes of this section, "demand reduction measures" means measures that
36.33reduce water demand, water losses, peak water demands, and nonessential water uses.
36.34Demand reduction measures must include a conservation rate structure, or a uniform rate
36.35structure with a conservation program that achieves demand reduction. A "conservation
37.1rate structure" means a rate structure that encourages conservation and may include
37.2increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess
37.3use rates. If a conservation rate is applied to multifamily dwellings, the rate structure must
37.4consider each residential unit as an individual user in multiple-family dwellings.
37.5    (b) To encourage conservation, a public water supplier serving more than 1,000
37.6people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
37.7a conservation rate structure by January 1, 2010. All remaining public water suppliers
37.8serving more than 1,000 people shall use a conservation rate structure must implement
37.9demand reduction measures by January 1, 2013 2015.
37.10    (c) A public water supplier without the proper measuring equipment to track the
37.11amount of water used by its users, as of July 1, 2008, is exempt from this subdivision and
37.12the conservation rate structure requirement under subdivision 3, paragraph (c).

37.13    Sec. 56. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
37.14    Subd. 2. Permit application and notification fees. (a) A permit application fee
37.15to defray the costs of receiving, recording, and processing the application must be paid
37.16for a permit application authorized under this chapter and, except for a general permit
37.17application, for each request to amend or transfer an existing permit, and for a notification
37.18to request authorization to conduct a project under a general permit. Fees established
37.19under this subdivision, unless specified in paragraph (c), shall be compliant with section
37.2016A.1285 .
37.21    (b) Proposed projects that require water in excess of 100 million gallons per year
37.22must be assessed fees to recover the costs incurred to evaluate the project and the costs
37.23incurred for environmental review. Fees collected under this paragraph must be credited
37.24to an account in the natural resources fund and are appropriated to the commissioner.
37.25    (c) The fee to apply for a permit to appropriate water, in addition to any fee under
37.26paragraph (b);, and for a permit to construct or repair a dam that is subject to dam safety
37.27inspection; or a state general permit is $150. The application fee for a permit to work in
37.28public waters or to divert waters for mining must be at least $150, but not more than
37.29$1,000. The fee for a notification to request authorization to conduct a project under a
37.30general permit is $100.

37.31    Sec. 57. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
37.32    Subd. 4. Refund of fees prohibited. A permit application, general permit
37.33notification, or field inspection fee may not be refunded for any reason, even if the
37.34application or request is denied or withdrawn.

38.1    Sec. 58. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
38.2    Subd. 5. State and federal agencies exempt from fee. A permit application,
38.3general permit notification, or field inspection fee may not be imposed on any state agency,
38.4as defined in section 16B.01, or federal governmental agency applying for a permit.

38.5    Sec. 59. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
38.6read:
38.7    Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
38.8permit application, general permit notification, or field inspection fee charged to a town
38.9in connection with the construction or alteration of a town road, bridge, or culvert shall
38.10exceed $100.

38.11    Sec. 60. Minnesota Statutes 2010, section 103G.611, is amended by adding a
38.12subdivision to read:
38.13    Subd. 1a. General permits. The commissioner may issue a general permit to
38.14a governmental subdivision or to the general public to conduct one or more projects
38.15described in subdivision 1. A fee of $100 may be charged for each aeration system used
38.16under a general permit.

38.17    Sec. 61. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
38.18is amended to read:
38.19    Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
38.20permit to a governmental subdivision or to the general public to conduct one or more
38.21projects described in this subdivision. The commissioner may issue permits, with or
38.22without a fee, to:
38.23(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
38.24waters;
38.25(2) transplant aquatic plants into public waters;
38.26(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
38.27under prescribed conditions to protect the waters, desirable species of fish, vegetation,
38.28other forms of aquatic life, and the public.
38.29(b) Application for a permit and a notification to request authorization to conduct a
38.30project under a general permit must be accompanied by a permit fee, if required.
38.31(c) An aquatic plant management permit is valid for one growing season and expires
38.32on December 31 of the year it is issued unless the commissioner stipulates a different
38.33expiration date in rule or in the permit.
39.1(d) A general permit may authorize a project for more than one growing season.

39.2    Sec. 62. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
39.3is amended to read:
39.4    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
39.5control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
39.6section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
39.7days after it has been reported to the legislature. The fees shall not exceed $2,500 per
39.8permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
39.9the permit, and additional costs incurred after the application to inspect and monitor
39.10the activities authorized by the permit, and enforce aquatic plant management rules and
39.11permit requirements.
39.12    (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
39.13parcel of shoreline owned by an owner may be charged. This fee may not be charged for
39.14permits issued in connection with purple loosestrife control or lakewide Eurasian water
39.15milfoil control programs.
39.16    (c) A fee may not be charged to the state or a federal governmental agency applying
39.17for a permit.
39.18    (d) A fee for a permit for the control of rooted aquatic vegetation in a public
39.19water basin that is 20 acres or less in size shall be one-half of the fee established under
39.20paragraph (a).
39.21(e) The money received for the permits under this subdivision shall be deposited in
39.22the treasury and credited to the water recreation account.
39.23(f) The fee for processing a notification to request authorization for work under a
39.24general permit is $30, until the commissioner establishes a fee by rule as provided under
39.25this subdivision.

39.26    Sec. 63. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
39.27    Subd. 3. Report. In each even-numbered year Every five years, the Pollution
39.28Control Agency, in cooperation with other agencies participating in the monitoring of
39.29water resources, shall provide a draft report on the status of groundwater monitoring to
39.30the Environmental Quality Board for review and then to the house of representatives
39.31and senate committees with jurisdiction over the environment, natural resources, and
39.32agriculture as part of the report in section 103A.204.

40.1    Sec. 64. [115.035] WATER QUALITY STANDARDS NO MORE RESTRICTIVE
40.2THAN FEDERAL STANDARDS.
40.3Notwithstanding section 115.03 or 115.44 or any other law to the contrary, the
40.4commissioner of the Pollution Control Agency shall not adopt water quality standards that
40.5are more restrictive than federal water quality standards after June 30, 2012. Water quality
40.6standards that were adopted before that date and that exceed federal standards remain in
40.7effect, but shall not be made more restrictive unless required under federal law.
40.8EFFECTIVE DATE.This section is effective the day following final enactment.

40.9    Sec. 65. Minnesota Statutes 2010, section 115.06, subdivision 4, is amended to read:
40.10    Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
40.11citizen monitoring of ambient water quality for public waters by:
40.12(1) providing technical assistance to citizen and local group water quality monitoring
40.13efforts;
40.14(2) integrating citizen monitoring data into water quality assessments and agency
40.15programs, provided that the data adheres to agency quality assurance and quality control
40.16protocols; and
40.17(3) seeking public and private funds to:
40.18(i) collaboratively develop clear guidelines for water quality monitoring procedures
40.19and data management practices for specific data and information uses;
40.20(ii) distribute the guidelines to citizens, local governments, and other interested
40.21parties;
40.22(iii) improve and expand water quality monitoring activities carried out by the
40.23agency; and
40.24(iv) continue to improve electronic and Web access to water quality data and
40.25information about public waters that have been either fully or partially assessed.
40.26(b) This subdivision does not authorize a citizen to enter onto private property
40.27for any purpose.
40.28(c) By January 15 of each odd-numbered year, 2017, and every fourth year thereafter,
40.29the commissioner shall report to the senate and house of representatives committees with
40.30jurisdiction over environmental policy and finance on activities under this section.

40.31    Sec. 66. Minnesota Statutes 2010, section 115.073, is amended to read:
40.32115.073 ENFORCEMENT FUNDING.
41.1Except as provided in section 115C.05, all money recovered by the state under this
41.2chapter and chapters 115A and 116, including civil penalties and money paid under an
41.3agreement, stipulation, or settlement, excluding money paid for past due fees or taxes,
41.4must be deposited in the state treasury and credited to the environmental general fund.
41.5EFFECTIVE DATE.This section is effective the day following final enactment.

41.6    Sec. 67. Minnesota Statutes 2010, section 115.42, is amended to read:
41.7115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
41.8It is the policy of the state to provide for the prevention, control, and abatement
41.9of pollution of all waters of the state, so far as feasible and practical, in furtherance
41.10of conservation of such waters and protection of the public health and in furtherance
41.11of the development of the economic welfare of the state. The agency shall prepare a
41.12long-range plan and program for the effectuation of said policy, and shall make a report of
41.13progress thereon to the legislature by November 15 of each even-numbered year, with
41.14recommendations for action in furtherance of such program during the ensuing biennium.
41.15It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from
41.16pollution by: (a) preventing any new pollution; and (b) abating pollution existing
41.17when sections 115.41 to 115.53 become effective, under a program consistent with the
41.18declaration of policy above stated.

41.19    Sec. 68. Minnesota Statutes 2011 Supplement, section 115A.1320, subdivision 1,
41.20is amended to read:
41.21    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
41.22115A.1310 to 115A.1330.
41.23    (b) The agency shall establish procedures for:
41.24    (1) receipt and maintenance of the registration statements and certifications filed
41.25with the agency under section 115A.1312; and
41.26    (2) making the statements and certifications easily available to manufacturers,
41.27retailers, and members of the public.
41.28    (c) The agency shall annually review the value of the following variables that are
41.29part of the formula used to calculate a manufacturer's annual registration fee under section
41.30115A.1314, subdivision 1 :
41.31    (1) the proportion of sales of video display devices sold to households that
41.32manufacturers are required to recycle;
42.1    (2) the estimated per-pound price of recycling covered electronic devices sold to
42.2households;
42.3    (3) the base registration fee; and
42.4    (4) the multiplier established for the weight of covered electronic devices collected
42.5in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
42.6these values must be changed in order to improve the efficiency or effectiveness of the
42.7activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit
42.8recommended changes and the reasons for them to the chairs of the senate and house of
42.9representatives committees with jurisdiction over solid waste policy.
42.10    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
42.11sales of video display devices sold to households by each manufacturer during the
42.12preceding program year, based on national sales data, and forward the estimates to the
42.13department.
42.14    (e) On or before December 1, 2010, and each year thereafter, The agency shall
42.15provide a report to the governor and the legislature on the implementation of sections
42.16115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
42.17of covered electronic devices recycled and a summary of information in the reports
42.18submitted by manufacturers and recyclers under section 115A.1316. The report must
42.19also discuss the various collection programs used by manufacturers to collect covered
42.20electronic devices; information regarding covered electronic devices that are being
42.21collected by persons other than registered manufacturers, collectors, and recyclers; and
42.22information about covered electronic devices, if any, being disposed of in landfills in
42.23this state. The report must include a description of enforcement actions under sections
42.24115A.1310 to 115A.1330. The agency may include in its report other information received
42.25by the agency regarding the implementation of sections 115A.1312 to 115A.1330. The
42.26report must be done in conjunction with the report required under section 115D.10.
42.27    (f) The agency shall promote public participation in the activities regulated under
42.28sections 115A.1312 to 115A.1330 through public education and outreach efforts.
42.29    (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
42.30provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
42.31provisions enforced by the department, as provided in subdivision 2. The agency may
42.32revoke a registration of a collector or recycler found to have violated sections 115A.1310
42.33to 115A.1330.
42.34    (h) The agency shall facilitate communication between counties, collection and
42.35recycling centers, and manufacturers to ensure that manufacturers are aware of video
42.36display devices available for recycling.
43.1    (i) The agency shall develop a form retailers must use to report information to
43.2manufacturers under section 115A.1318 and post it on the agency's Web site.
43.3    (j) The agency shall post on its Web site the contact information provided by each
43.4manufacturer under section 115A.1318, paragraph (e).

43.5    Sec. 69. Minnesota Statutes 2010, section 115A.15, subdivision 5, is amended to read:
43.6    Subd. 5. Reports. (a) By January 1 of each odd-numbered year, the commissioner
43.7of administration shall submit a report to the governor and to the senate and house of
43.8representatives committees having jurisdiction over environment and natural resources
43.9and environment and natural resources finance summarizing past activities and proposed
43.10goals of the program for the following biennium. The report shall include at least:
43.11(1) a summary list of product and commodity purchases that contain recycled
43.12materials;
43.13(2) the results of any performance tests conducted on recycled products and agencies'
43.14experience with recycled products used;
43.15(3) a list of all organizations participating in and using the cooperative purchasing
43.16program; and
43.17(4) a list of products and commodities purchased for their recyclability and of
43.18recycled products reviewed for purchase.
43.19(b) By July 1 of each even-numbered year, the commissioner of the Pollution
43.20Control Agency and the commissioner of commerce through the State Energy Office shall
43.21submit recommendations to the commissioner regarding the operation of the program.

43.22    Sec. 70. Minnesota Statutes 2010, section 115A.411, is amended to read:
43.23115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED
43.24REPORT.
43.25    Subdivision 1. Authority; purpose. The commissioner shall prepare and adopt a
43.26report on solid waste management policy and activities under this chapter. The report must
43.27be submitted by the commissioner to the senate and house of representatives committees
43.28having jurisdiction over environment and natural resources and environment and natural
43.29resources finance by December 1 of each odd-numbered year 31, 2015, and every four
43.30years thereafter and shall include reports required under sections 115A.55, subdivision 4,
43.31paragraph (b); 115A.551, subdivision 4; 115A.557, subdivision 4; 473.149, subdivision
43.326 ; 473.846; and 473.848, subdivision 4.
43.33    Subd. 2. Contents. (a) The report must may also include:
44.1(1) a summary of the current status of solid waste management, including the amount
44.2of solid waste generated and reduced, the manner in which it is collected, processed, and
44.3disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the
44.4facilities available or under development to manage the waste;
44.5(2) an evaluation of the extent and effectiveness of implementation and of section
44.6115A.02, including an assessment of progress in accomplishing state policies, goals, and
44.7objectives, including those listed in paragraph (b);
44.8(3) identification of issues requiring further research, study, and action, the
44.9appropriate scope of the research, study, or action, the state agency or political subdivision
44.10that should implement the research, study, or action, and a schedule for completion
44.11of the activity; and
44.12(4) recommendations for establishing or modifying state solid waste management
44.13policies, authorities, responsibilities, and programs.; and
44.14(b) (5) a report on progress made toward implementation of the objectives of
44.15Beginning in 1997, and every sixth year thereafter, the report shall be expanded to include
44.16the metropolitan area solid waste policy plan as required in section 473.149, subdivision
44.171 , and strategies for the agency to advance the goals of this chapter, to manage waste as a
44.18resource, to further reduce the need for expenditures on resource recovery and disposal
44.19facilities, and to further reduce long-term environmental and financial liabilities 6.
44.20(b)The expanded report must include strategies for:
44.21(1) achieving the maximum feasible reduction in waste generation;
44.22(2) encouraging manufacturers to design products that eliminate or reduce the
44.23adverse environmental impacts of resource extraction, manufacturing, use, and waste
44.24processing and disposal;
44.25(3) educating businesses, public entities, and other consumers about the need to
44.26consider the potential environmental and financial impacts of purchasing products that
44.27may create a liability or that may be expensive to recycle or manage as waste, due to the
44.28presence of toxic or hazardous components;
44.29(4) eliminating or reducing toxic or hazardous components in compost from
44.30municipal solid waste composting facilities, in ash from municipal solid waste incinerators,
44.31and in leachate and air emissions from municipal solid waste landfills, in order to reduce
44.32the potential liability of waste generators, facility owners and operators, and taxpayers;
44.33(5) encouraging the source separation of materials to the extent practicable, so that
44.34the materials are most appropriately managed and to ensure that resources that can be
44.35reused or recycled are not disposed of or destroyed; and
45.1(6) maximizing the efficiency of the waste management system by managing waste
45.2and recyclables close to the point of generation, taking into account the characteristics of
45.3the resources to be recovered from the waste and the type and capacity of local facilities.

45.4    Sec. 71. Minnesota Statutes 2010, section 115A.551, subdivision 2a, is amended to
45.5read:
45.6    Subd. 2a. Supplementary recycling goals. (a) By December 31, 1996, each county
45.7will have as a goal to recycle the following amounts:
45.8(1) for a county outside of the metropolitan area, 35 percent by weight of total
45.9solid waste generation;
45.10(2) for a metropolitan county, 50 percent by weight of total solid waste generation.
45.11Each county will develop and implement or require political subdivisions within the
45.12county to develop and implement programs, practices, or methods designed to meet its
45.13recycling goal. Nothing in this section or in any other law may be construed to prohibit a
45.14county from establishing a higher recycling goal.
45.15(b) For a county that, by January 1, 1995, is implementing a solid waste reduction
45.16program that is approved by the commissioner, the commissioner shall apply up to three
45.17percentage points toward achievement of the recycling goals in this subdivision. In
45.18addition, the commissioner shall apply demonstrated waste reduction that exceeds three
45.19percent reduction toward achievement of the goals in this subdivision.
45.20(c) No more than five percentage points may be applied toward achievement of the
45.21recycling goals in this subdivision for management of yard waste. The five percentage
45.22points must be applied as provided in this paragraph. The commissioner shall apply three
45.23percentage points for a county in which residents, by January 1, 1996, are provided with:
45.24(1) an ongoing comprehensive education program under which they are informed
45.25about how to manage yard waste and are notified of the prohibition in section 115A.931;
45.26and
45.27(2) the opportunity to drop off yard waste at specified sites or participate in curbside
45.28yard waste collection.
45.29The commissioner shall apply up to an additional two percentage points toward
45.30achievement of the recycling goals in this subdivision for additional activities approved
45.31by the commissioner that are likely to reduce the amount of yard waste generated and to
45.32increase the on-site composting of yard waste.

45.33    Sec. 72. Minnesota Statutes 2010, section 115A.551, subdivision 4, is amended to read:
46.1    Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each
46.2county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner
46.3shall report to the senate and house of representatives committees having jurisdiction over
46.4environment and natural resources and environment and natural resources finance on the
46.5progress of the counties by July 1 of each odd-numbered year as part of the report required
46.6under section 115A.411. If the commissioner finds that a county is not progressing toward
46.7the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to
46.8develop and implement solid waste management techniques designed to assist the county
46.9in meeting the goals, such as organized collection, curbside collection of source-separated
46.10materials, and volume-based pricing.
46.11The progress report shall be included in the report required under section 115A.411.

46.12    Sec. 73. Minnesota Statutes 2010, section 115A.557, subdivision 4, is amended to read:
46.13    Subd. 4. Report. By July 1 of each odd-numbered year, The commissioner
46.14shall report on how the money was spent and the resulting statewide improvements in
46.15solid waste management to the senate and house of representatives committees having
46.16jurisdiction over ways and means, finance, environment and natural resources, and
46.17environment and natural resources finance. The report shall be included in the report
46.18required under section 115A.411.

46.19    Sec. 74. Minnesota Statutes 2010, section 115D.08, is amended to read:
46.20115D.08 PROGRESS REPORTS.
46.21    Subdivision 1. Requirement to submit progress report. (a) All persons required to
46.22prepare a toxic pollution prevention plan under section 115D.07 shall submit an annual
46.23progress report to the commissioner of public safety that may be drafted in a manner that
46.24does not disclose proprietary information. Progress reports are due on October July 1 of
46.25each year. The first progress reports are due in 1992.
46.26(b) At a minimum, each progress report must include:
46.27(1) a summary of each objective established in the plan, including the base year for
46.28any objective stated in numeric terms, and the schedule for meeting each objective;
46.29(2) a summary of progress made during the past year, if any, toward meeting each
46.30objective established in the plan including the quantity of each toxic pollutant eliminated
46.31or reduced;
46.32(3) a statement of the methods through which elimination or reduction has been
46.33achieved;
47.1(4) if necessary, an explanation of the reasons objectives were not achieved during
47.2the previous year, including identification of any technological, economic, or other
47.3impediments the facility faced in its efforts to achieve its objectives; and
47.4(5) a certification, signed and dated by the facility manager and an officer of the
47.5company under penalty of section 609.63, attesting that a plan meeting the requirements
47.6of section 115D.07 has been prepared and also attesting to the accuracy of the information
47.7in the progress report.
47.8    Subd. 2. Review of progress reports. (a) The commissioner of public safety shall
47.9review all progress reports to determine if they meet the requirements of subdivision 1.
47.10If the commissioner of public safety determines that a progress report does not meet the
47.11requirements, the commissioner of public safety shall notify the facility in writing and
47.12shall identify specific deficiencies and specify a reasonable time period of not less than 90
47.13days for the facility to modify the progress report.
47.14(b) The commissioner of public safety shall be given access to a facility plan
47.15required under section 115D.07 if the commissioner of public safety determines that
47.16the progress report for that facility does not meet the requirements of subdivision 1.
47.17Twenty-five or more persons living within ten miles of the facility may submit a petition
47.18to the commissioner of public safety that identifies specific deficiencies in the progress
47.19report and requests the commissioner of public safety to review the facility plan. Within
47.2030 days after receipt of the petition, the commissioner of public safety shall respond in
47.21writing. If the commissioner of public safety agrees that the progress report does not meet
47.22requirements of subdivision 1, the commissioner of public safety shall be given access
47.23to the facility plan.
47.24(c) After reviewing the plan and the progress report with any modifications
47.25submitted, the commissioner of public safety shall state in writing whether the progress
47.26report meets the requirements of subdivision 1. If the commissioner of public safety
47.27determines that a modified progress report still does not meet the requirements of
47.28subdivision 1, the commissioner of public safety shall schedule a public meeting. The
47.29meeting shall be held in the county where the facility is located. The meeting is not
47.30subject to the requirements of chapter 14.
47.31(d) The facility shall be given the opportunity to amend the progress report within a
47.32period of not less than 30 days after the public meeting.
47.33(e) If the commissioner of public safety determines that a modified progress report
47.34still does not meet the requirements of subdivision 1, action may be taken under section
47.35115.071 to obtain compliance with sections 115D.01 to 115D.12.

48.1    Sec. 75. Minnesota Statutes 2010, section 116.011, is amended to read:
48.2116.011 ANNUAL POLLUTION REPORT.
48.3A goal of the Pollution Control Agency is to reduce the amount of pollution that is
48.4emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency
48.5shall report the best estimate of the agency of the total volume of water and air pollution
48.6that was emitted in the state in the previous two calendar year years for which data are
48.7available. The agency shall report its findings for both water and air pollution:
48.8(1) in gross amounts, including the percentage increase or decrease over the previous
48.9previously reported two calendar year years; and
48.10(2) in a manner which will demonstrate the magnitude of the various sources of
48.11water and air pollution.

48.12    Sec. 76. Minnesota Statutes 2010, section 116.02, subdivision 1, is amended to read:
48.13    Subdivision 1. Creation. A pollution control agency, designated as the Minnesota
48.14Pollution Control Agency, is and the Minnesota Pollution Control Agency Citizen's Board
48.15are hereby created. The agency Minnesota Pollution Control Agency Citizen's Board shall
48.16consist of the commissioner and eight members appointed by the governor, by and with the
48.17advice and consent of the senate. One of such members shall be a person knowledgeable
48.18in the field of agriculture and one shall be representative of organized labor.

48.19    Sec. 77. Minnesota Statutes 2010, section 116.02, subdivision 2, is amended to read:
48.20    Subd. 2. Terms, compensation, removal, vacancies. The membership terms,
48.21compensation, removal of members, and filling of vacancies on the agency Minnesota
48.22Pollution Control Agency Citizen's Board shall be as provided in section 15.0575.

48.23    Sec. 78. Minnesota Statutes 2010, section 116.02, subdivision 3, is amended to read:
48.24    Subd. 3. Membership. The membership of the Minnesota Pollution Control Agency
48.25Citizen's Board shall be broadly representative of the skills and experience necessary to
48.26effectuate the policy of sections 116.01 to 116.075, except that no member other than the
48.27commissioner shall be an officer or employee of the state or federal government. Only two
48.28members at one time may be officials or employees of a municipality or any governmental
48.29subdivision, but neither may be a member ex officio or otherwise on the management
48.30board of a municipal sanitary sewage disposal system.

48.31    Sec. 79. Minnesota Statutes 2010, section 116.02, subdivision 4, is amended to read:
49.1    Subd. 4. Chair. The commissioner shall serve as chair of the agency Minnesota
49.2Pollution Control Agency Citizen's Board. The agency Minnesota Pollution Control
49.3Agency Citizen's Board shall elect such other officers as it deems necessary.

49.4    Sec. 80. Minnesota Statutes 2010, section 116.02, subdivision 6, is amended to read:
49.5    Subd. 6. Required decisions. The agency Minnesota Pollution Control Agency
49.6Citizen's Board shall make final decisions on the following matters:
49.7(1) a petition for the preparation of an environmental assessment worksheet, if the
49.8project proposer or a person commenting on the proposal requests that the decision be
49.9made by the agency and the agency requests that it make the decision under subdivision 8;
49.10(2) the need for an environmental impact statement following preparation of an
49.11environmental assessment worksheet under applicable rules, if:
49.12(i) the agency has received a request for an environmental impact statement;
49.13(ii) the project proposer or a person commenting on the proposal requests that the
49.14declaration be made by the agency and the agency requests that it make the decision
49.15under subdivision 8; or
49.16(iii) the commissioner is recommending preparation of an environmental impact
49.17statement;
49.18(3) the scope and adequacy of environmental impact statements;
49.19(4) issuance, reissuance, modification, or revocation of a permit if:
49.20(i) a variance is sought in the permit application or a contested case hearing request
49.21is pending; or
49.22(ii) the permit applicant, the permittee, or a person commenting on the permit action
49.23requests that the decision be made by the agency and the agency requests that it make
49.24the decision under subdivision 8;
49.25(5) final adoption or amendment of agency rules for which a public hearing is
49.26required under section 14.25 or for which the commissioner decides to proceed directly to
49.27a public hearing under section 14.14, subdivision 1;
49.28(6) approval or denial of an application for a variance from an agency rule if:
49.29(i) granting the variance request would change an air, soil, or water quality standard;
49.30(ii) the commissioner has determined that granting the variance would have a
49.31significant environmental impact; or
49.32(iii) the applicant or a person commenting on the variance request requests that the
49.33decision be made by the agency and the agency requests that it make the decision under
49.34subdivision 8; and
49.35(7) whether to reopen, rescind, or reverse a decision of the agency.
50.1(1) make final decisions on adoption or amendment of rules implementing the
50.2substantive statutes charged to the Minnesota Pollution Control Agency for administration;
50.3(2) make additional decisions in response to the commissioner's request; and
50.4(3) provide advice to the commissioner at the commissioner's request.

50.5    Sec. 81. Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:
50.6    Subdivision 1. Office. (a) The Office of Commissioner of the Pollution Control
50.7Agency is created and is under the supervision and control of the commissioner, who is
50.8appointed by the governor under the provisions of section 15.06.
50.9(b) The commissioner may appoint a deputy commissioner and assistant
50.10commissioners who shall be in the unclassified service.
50.11(c) The commissioner shall make all decisions on behalf of the agency that are not
50.12required to be made by the agency other than rulemaking decisions to be made by the
50.13Minnesota Pollution Control Agency Citizen's Board under section 116.02.

50.14    Sec. 82. Minnesota Statutes 2011 Supplement, section 116.03, subdivision 2b, is
50.15amended to read:
50.16    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
50.17resource management permits be issued or denied within 150 days of the submission of a
50.18substantially completed permit application. The commissioner of the Pollution Control
50.19Agency shall establish management systems designed to achieve the goal.
50.20(b) The commissioner shall prepare semiannual permitting efficiency reports that
50.21include statistics on meeting the goal in paragraph (a). The reports are due February 1
50.22and August 1 each year. For permit applications that have not met the goal, the report
50.23must state the reasons for not meeting the goal, steps that will be taken to complete action
50.24on the application, and the expected timeline. In stating the reasons for not meeting the
50.25goal, the commissioner shall separately identify delays caused by the responsiveness of
50.26the proposer, lack of staff, scientific or technical disagreements, or the level of public
50.27engagement. The report must specify the number of days from initial submission of the
50.28application to the day of determination that the application is complete. The report for
50.29August 1 each year must aggregate the data for the year and assess whether program
50.30or system changes are necessary to achieve the goal. The report must be posted on the
50.31agency's Web site and submitted to the governor and the chairs and ranking minority
50.32members of the house of representatives and senate committees having jurisdiction over
50.33environment policy and finance.
51.1(c) The commissioner shall allow electronic submission of environmental review
51.2and permit documents to the agency.
51.3(d) Beginning July 1, 2011, within 30 business days of application for a permit
51.4subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
51.5the project proposer, in writing, of whether or not the permit application is complete
51.6enough for processing. If the permit is incomplete, the commissioner must identify where
51.7deficiencies exist and advise the applicant on how they can be remedied. A resubmittal of
51.8the application begins a new 30-day review period. If the commissioner fails to notify the
51.9project proposer of completeness within 30 business days, the application is deemed to be
51.10substantially complete and subject to the 150-day permitting review period in paragraph
51.11(a) from the date it was submitted. This paragraph does not apply to an application for a
51.12permit that is subject to a grant or loan agreement under chapter 446A.
51.13(e) The commissioner shall approve or deny within 60 days an application for a
51.14minor permit or minor permit amendment. Failure of the commissioner to deny an
51.15application for a minor permit or minor permit amendment within 60 days is approval of
51.16the permit. If the commissioner receives an application that does not contain all required
51.17information, the 60-day limit starts over only if the commissioner notifies the applicant
51.18as required under paragraph (d).
51.19(f) By July 1, 2012, the commissioner shall review all types of permits issued by
51.20the agency, determine the permit and amendment types the commissioner deems minor
51.21for purposes of paragraph (e), and post a list of the permit and amendment types on the
51.22agency's Web site. The commissioner shall periodically review, update, and post the
51.23list of permits and permit amendment types subject to paragraph (e) at least every five
51.24years. Permits and permit amendments may not be deemed minor under this paragraph
51.25if approval of a permit or permit amendment according to paragraph (e) would be in
51.26violation of federal law.
51.27EFFECTIVE DATE.Paragraph (f) is effective the day following final enactment.

51.28    Sec. 83. Minnesota Statutes 2010, section 116.0714, is amended to read:
51.29116.0714 NEW OPEN AIR SWINE BASINS.
51.30    The commissioner of the Pollution Control Agency or a county board shall not
51.31approve any permits for the construction of new open air swine basins, except that existing
51.32facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
51.33treatment program for resolving pollution problems or to allow conversion of an existing
52.1basin of less than 1,000,000 gallons to a different animal type, provided all standards are
52.2met. This section expires June 30, 2012 2017.

52.3    Sec. 84. Minnesota Statutes 2010, section 116.10, is amended to read:
52.4116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
52.5Consistent with the policy announced herein and the purposes of Laws 1963, chapter
52.6874, the Pollution Control Agency shall, before November 15 of each even-numbered
52.7year, prepare a long-range plan and program for the effectuation of said policy, and shall
52.8make a report also of progress on abatement and control of air and land pollution during
52.9each biennium to the legislature with recommendations for action in furtherance of the air
52.10and land pollution and waste programs.

52.11    Sec. 85. Minnesota Statutes 2010, section 116C.833, subdivision 2, is amended to read:
52.12    Subd. 2. Biennial Quadrennial report. In addition to other duties specified in
52.13sections 116C.833 to 116C.843, the commissioner shall report by January 31, 1997 2013,
52.14and biennially every four years thereafter, to the governor and the legislature concerning
52.15the activities of the Interstate Commission. The report shall include any recommendations
52.16the commissioner deems necessary to assure the protection of the interest of the state in
52.17the proper functioning of the compact. The commissioner also shall report to the governor
52.18and the legislature any time there is a change in the status of a host state or other party
52.19states in the compact.

52.20    Sec. 86. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a,
52.21is amended to read:
52.22    Subd. 2a. When prepared. Where there is potential for significant environmental
52.23effects resulting from any major governmental action, the action shall be preceded by a
52.24detailed environmental impact statement prepared by the responsible governmental unit.
52.25The environmental impact statement shall be an analytical rather than an encyclopedic
52.26document which describes the proposed action in detail, analyzes its significant
52.27environmental impacts, discusses appropriate alternatives to the proposed action and
52.28their impacts, and explores methods by which adverse environmental impacts of an
52.29action could be mitigated. The environmental impact statement shall also analyze those
52.30economic, employment and sociological effects that cannot be avoided should the action
52.31be implemented. To ensure its use in the decision-making process, the environmental
52.32impact statement shall be prepared as early as practical in the formulation of an action.
52.33No mandatory environmental impact statement may be required for an ethanol plant,
53.1as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
53.2125,000,000 gallons of ethanol annually and is located outside of the seven-county
53.3metropolitan area.
53.4    (a) The board shall by rule establish categories of actions for which environmental
53.5impact statements and for which environmental assessment worksheets shall be prepared
53.6as well as categories of actions for which no environmental review is required under this
53.7section. A mandatory environmental assessment worksheet shall not be required for the
53.8expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
53.9(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
53.10biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
53.11of the expanded or converted facility to produce alcohol fuel, but must be required if
53.12the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
53.13of actions for which environmental assessment worksheets must be prepared. The
53.14responsible governmental unit for an ethanol plant or biobutanol facility project for which
53.15an environmental assessment worksheet is prepared shall be the state agency with the
53.16greatest responsibility for supervising or approving the project as a whole.
53.17    (b) The responsible governmental unit shall promptly publish notice of the
53.18completion of an environmental assessment worksheet in a by publishing the notice in
53.19one or more newspapers or periodicals of general circulation in the geographic area
53.20of the activity for which the environmental assessment is prepared or in any other
53.21manner to be determined by the board and shall provide copies of the environmental
53.22assessment worksheet to the board and its member agencies. Comments on the need for
53.23an environmental impact statement may be submitted to the responsible governmental
53.24unit during a 30-day period following publication of the notice that an environmental
53.25assessment worksheet has been completed. The responsible governmental unit's decision
53.26on the need for an environmental impact statement shall be based on the environmental
53.27assessment worksheet and the comments received during the comment period, and shall
53.28be made within 15 days after the close of the comment period. The board's chair may
53.29extend the 15-day period by not more than 15 additional days upon the request of the
53.30responsible governmental unit.
53.31    (c) An environmental assessment worksheet shall also be prepared for a proposed
53.32action whenever material evidence accompanying a petition by not less than 100
53.33individuals who reside or own property in the state, submitted before the proposed
53.34project has received final approval by the appropriate governmental units, demonstrates
53.35that, because of the nature or location of a proposed action, there may be potential for
53.36significant environmental effects. Petitions requesting the preparation of an environmental
54.1assessment worksheet shall be submitted to the board. The chair of the board shall
54.2determine the appropriate responsible governmental unit and forward the petition to it.
54.3A decision on the need for an environmental assessment worksheet shall be made by
54.4the responsible governmental unit within 15 days after the petition is received by the
54.5responsible governmental unit. The board's chair may extend the 15-day period by not
54.6more than 15 additional days upon request of the responsible governmental unit.
54.7    (d) Except in an environmentally sensitive location where Minnesota Rules, part
54.84410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
54.9review under this chapter and rules of the board, if:
54.10    (1) the proposed action is:
54.11    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
54.12    (ii) an expansion of an existing animal feedlot facility with a total cumulative
54.13capacity of less than 1,000 animal units;
54.14    (2) the application for the animal feedlot facility includes a written commitment by
54.15the proposer to design, construct, and operate the facility in full compliance with Pollution
54.16Control Agency feedlot rules; and
54.17    (3) the county board holds a public meeting for citizen input at least ten business
54.18days prior to the Pollution Control Agency or county issuing a feedlot permit for the
54.19animal feedlot facility unless another public meeting for citizen input has been held with
54.20regard to the feedlot facility to be permitted. The exemption in this paragraph is in
54.21addition to other exemptions provided under other law and rules of the board.
54.22    (e) The board may, prior to final approval of a proposed project, require preparation
54.23of an environmental assessment worksheet by a responsible governmental unit selected
54.24by the board for any action where environmental review under this section has not been
54.25specifically provided for by rule or otherwise initiated.
54.26    (f) An early and open process shall be utilized to limit the scope of the environmental
54.27impact statement to a discussion of those impacts, which, because of the nature or location
54.28of the project, have the potential for significant environmental effects. The same process
54.29shall be utilized to determine the form, content and level of detail of the statement as well
54.30as the alternatives which are appropriate for consideration in the statement. In addition,
54.31the permits which will be required for the proposed action shall be identified during the
54.32scoping process. Further, the process shall identify those permits for which information
54.33will be developed concurrently with the environmental impact statement. The board
54.34shall provide in its rules for the expeditious completion of the scoping process. The
54.35determinations reached in the process shall be incorporated into the order requiring the
54.36preparation of an environmental impact statement.
55.1    (g) The responsible governmental unit shall, to the extent practicable, avoid
55.2duplication and ensure coordination between state and federal environmental review
55.3and between environmental review and environmental permitting. Whenever practical,
55.4information needed by a governmental unit for making final decisions on permits or
55.5other actions required for a proposed project shall be developed in conjunction with
55.6the preparation of an environmental impact statement. When an environmental impact
55.7statement is prepared for a project requiring multiple permits for which two or more
55.8state agencies' decision processes include either mandatory or discretionary hearings
55.9before a hearing officer prior to the agencies' decision on the permit, the agencies may,
55.10notwithstanding any law or rule to the contrary, conduct such hearings in a single
55.11consolidated hearing process if requested by the proposer. All state agencies having
55.12jurisdiction over a permit that is included in the consolidated hearing shall participate. The
55.13responsible governmental unit shall establish appropriate procedures for the consolidated
55.14hearing process, including procedures to ensure that the consolidated hearing process
55.15is consistent with the applicable requirements for each permit regarding the rights and
55.16duties of parties to the hearing, and shall utilize the earliest applicable hearing procedure
55.17to initiate the hearing. The procedures of section 116C.28, subdivision 2, shall apply to
55.18the consolidated hearing.
55.19    (h) An environmental impact statement shall be prepared and its adequacy
55.20determined within 280 days after notice of its preparation unless the time is extended by
55.21consent of the parties or by the governor for good cause. The responsible governmental
55.22unit shall determine the adequacy of an environmental impact statement, unless within 60
55.23days after notice is published that an environmental impact statement will be prepared,
55.24the board chooses to determine the adequacy of an environmental impact statement. If an
55.25environmental impact statement is found to be inadequate, the responsible governmental
55.26unit shall have 60 days to prepare an adequate environmental impact statement.
55.27    (i) The proposer of a specific action may include in the information submitted to the
55.28responsible governmental unit a preliminary draft environmental impact statement under
55.29this section on that action for review, modification, and determination of completeness and
55.30adequacy by the responsible governmental unit. A preliminary draft environmental impact
55.31statement prepared by the project proposer and submitted to the responsible governmental
55.32unit shall identify or include as an appendix all studies and other sources of information
55.33used to substantiate the analysis contained in the preliminary draft environmental impact
55.34statement. The responsible governmental unit shall require additional studies, if needed,
55.35and obtain from the project proposer all additional studies and information necessary for
56.1the responsible governmental unit to perform its responsibility to review, modify, and
56.2determine the completeness and adequacy of the environmental impact statement.

56.3    Sec. 87. Minnesota Statutes 2010, section 116D.04, is amended by adding a
56.4subdivision to read:
56.5    Subd. 15. Duplicative permit information; environmental assessment
56.6worksheets. The board shall not require, unless necessary, information in an
56.7environmental assessment worksheet for a proposed action when the information is also
56.8required as part of any necessary permitting process for the proposed action.

56.9    Sec. 88. Minnesota Statutes 2010, section 216C.055, is amended to read:
56.10216C.055 KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN
56.11PRODUCING THERMAL ENERGY.
56.12The annual biennial legislative proposals required to be submitted by the
56.13commissioners of commerce and the Pollution Control Agency under section 216H.07,
56.14subdivision 4 3, must include proposals regarding the use of solar energy and the
56.15combustion of grasses, agricultural wastes, trees, and other vegetation to produce thermal
56.16energy for heating commercial, industrial, and residential buildings and for industrial
56.17processes if the commissioners determine that such policies are appropriate to achieve the
56.18state's greenhouse gas emissions-reduction goals. No legal claim against any person is
56.19allowed under this section. This section does not apply to the combustion of municipal
56.20solid waste or refuse-derived fuel to produce thermal energy. For purposes of this section,
56.21removal of woody biomass from publicly owned forests must be consistent with the
56.22principles of sustainable forest management.

56.23    Sec. 89. Minnesota Statutes 2010, section 216H.07, subdivision 3, is amended to read:
56.24    Subd. 3. Biennial reduction progress report. (a) By January 15 of each
56.25odd-numbered year, the commissioners of commerce and the Pollution Control Agency
56.26shall jointly report to the chairs and ranking minority members of the legislative
56.27committees with primary policy jurisdiction over energy and environmental issues to
56.28provide:
56.29(1) the most recent and best available evidence identifying the level of reductions
56.30already achieved and the level necessary to achieve the reductions timetable in section
56.31216H.02 .; and
56.32(2) proposed legislation the commissioners determine appropriate to achieve the
56.33reductions in section 216H.02. The proposed legislation must be based on the principles
57.1in subdivision 5. If the commissioners determine no legislation is appropriate, they shall
57.2report that determination to the chairs along with an explanation of the determination.
57.3(b) The report must be in easily understood nontechnical terms.

57.4    Sec. 90. Minnesota Statutes 2010, section 473.149, subdivision 6, is amended to read:
57.5    Subd. 6. Report to legislature. The commissioner shall report on abatement to
57.6the senate and house of representatives committees having jurisdiction over ways and
57.7means, finance, environment and natural resources committees of the senate and house
57.8of representatives, the Finance Division of the senate Committee on Environment and
57.9Natural Resources, and the house of representatives Committee on Environment and
57.10Natural Resources Finance by July 1 of each odd-numbered year policy, and environment
57.11and natural resources finance. The report must include an assessment of whether the
57.12objectives of the metropolitan abatement plan have been met and whether each county
57.13and each class of city within each county have achieved the objectives set for it in the
57.14plan. The report must recommend any legislation that may be required to implement the
57.15plan. The report shall be included in the report required by section 115A.411. If in any
57.16year the commissioner reports that the objectives of the abatement plan have not been
57.17met, the commissioner shall evaluate and report on the need to reassign governmental
57.18responsibilities among cities, counties, and metropolitan agencies to assure implementation
57.19and achievement of the metropolitan and local abatement plans and objectives.
57.20The report must include a report on the operating, capital, and debt service costs of
57.21solid waste facilities in the metropolitan area; changes in the costs; the methods used to
57.22pay the costs; and the resultant allocation of costs among users of the facilities and the
57.23general public. The facility costs report must present the cost and financing analysis in the
57.24aggregate and broken down by county and by major facility.

57.25    Sec. 91. Minnesota Statutes 2010, section 473.846, is amended to read:
57.26473.846 REPORT REPORTS TO LEGISLATURE.
57.27The agency shall submit to the senate Finance Committee, the and house of
57.28representatives Ways and Means Committee, and the Environment and Natural Resources
57.29Committees of the senate and house of representatives, the Finance Division of the senate
57.30Committee on Environment and Natural Resources, and the house of representatives
57.31Committee on committees having jurisdiction over environment and natural resources
57.32finance separate reports describing the activities for which money for landfill abatement
57.33has been spent under sections 473.844 and 473.845. The agency shall report by November
57.341 of each year on expenditures during its previous fiscal year. The commissioner shall
58.1report on expenditures during the previous calendar year and must incorporate its report
58.2The report for section 473.844 expenditures shall be included in the report required by
58.3section 115A.411, due July 1 of each odd-numbered year. By December 31 each year,
58.4the commissioner shall submit the report for section 473.845 on contingency action
58.5trust fund activities. In both reports, the commissioner shall make recommendations
58.6to the Environment and Natural Resources Committees of the senate and house of
58.7representatives, the Finance Division of the senate Committee on Environment and
58.8Natural Resources, and the house of representatives Committee on Environment and
58.9Natural Resources Finance on the future management and use of the metropolitan landfill
58.10abatement account.

58.11    Sec. 92. Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended by
58.12Laws 2009, chapter 37, article 1, section 60, is amended to read:

58.13 58.14

Subd. 2.Land and Mineral Resources Management

11,747,000

11,272,000

58.15	Appropriations by Fund
58.16	General	6,633,000	6,230,000
58.17	Natural Resources	3,551,000	3,447,000
58.18	Game and Fish	1,363,000	1,395,000
58.19	Permanent School	200,000	200,000

58.20$475,000 the first year and $475,000 the
58.21second year are for iron ore cooperative
58.22research. Of this amount, $200,000 each year
58.23is from the minerals management account in
58.24the natural resources fund and $275,000 each
58.25year is from the general fund. $237,500 the
58.26first year and $237,500 the second year are
58.27available only as matched by $1 of nonstate
58.28money for each $1 of state money. The
58.29match may be cash or in-kind.
58.30$86,000 the first year and $86,000 the
58.31second year are for minerals cooperative
58.32environmental research, of which $43,000
58.33the first year and $43,000 the second year are
58.34available only as matched by $1 of nonstate
59.1money for each $1 of state money. The
59.2match may be cash or in-kind.
59.3$2,800,000 the first year and $2,696,000
59.4the second year are from the minerals
59.5management account in the natural resources
59.6fund for use as provided in Minnesota
59.7Statutes, section 93.2236, paragraph (c).
59.8$200,000 the first year and $200,000 the
59.9second year are from the state forest suspense
59.10account in the permanent school fund to
59.11accelerate land exchanges, land sales, and
59.12commercial leasing of school trust lands and
59.13to identify, evaluate, and lease construction
59.14aggregate located on school trust lands. This
59.15appropriation is to be used for securing
59.16maximum long-term economic return
59.17from the school trust lands consistent with
59.18fiduciary responsibilities and sound natural
59.19resources conservation and management
59.20principles.
59.21$15,000 the first year is for a report
59.22by February 1, 2008, to the house and
59.23senate committees with jurisdiction over
59.24environment and natural resources on
59.25proposed minimum legal and conservation
59.26standards that could be applied to
59.27conservation easements acquired with public
59.28money.
59.29$1,201,000 the first year and $701,000 the
59.30second year are to support the land records
59.31management system. Of this amount,
59.32$326,000 the first year and $326,000 the
59.33second year are from the game and fish fund
59.34and $375,000 the first year and $375,000 the
59.35second year are from the natural resources
60.1fund. The unexpended balances are available
60.2until June 30, 2011. The commissioner
60.3must report to the legislative chairs on
60.4environmental finance on the outcomes of
60.5the land records management support.
60.6$500,000 the first year and $500,000 the
60.7second year are for land asset management.
60.8This is a onetime appropriation.

60.9    Sec. 93. Laws 2010, chapter 362, section 2, subdivision 7, is amended to read:

60.10

Subd. 7.Renewable Energy

-0-

3,364,000

60.11

(a) Algae for Fuels Pilot Project

60.12$900,000 is from the trust fund to the Board
60.13of Regents of the University of Minnesota
60.14to demonstrate an innovative microalgae
60.15production system utilizing and treating
60.16sanitary wastewater to produce biofuels
60.17from algae. This appropriation is available
60.18until June 30, 2013, by which time the
60.19project must be completed and final products
60.20delivered.

60.21

(b) Sustainable Biofuels

60.22$221,000 is from the trust fund to the Board
60.23of Regents of the University of Minnesota
60.24to determine how fertilization and irrigation
60.25impact yields of grass monoculture and high
60.26diversity prairie biofuel crops, their storage
60.27of soil carbon, and susceptibility to invasion
60.28by exotic species. This appropriation is
60.29available until June 30, 2013, by which time
60.30the project must be completed and final
60.31products delivered.

60.32 60.33

(c) Linking Habitat Restoration to Bioenergy and Local Economies

61.1$600,000 is from the trust fund to the
61.2commissioner of natural resources to restore
61.3high quality native habitats and expand
61.4market opportunities for utilizing postharvest
61.5restoration as a using the woody by-product
61.6material for bioenergy source. or other
61.7products. The commissioner may provide
61.8grants or otherwise transfer some or all
61.9of this money to other public or private
61.10entities to accomplish these purposes. The
61.11commissioner may sell the material from
61.12public or private property to any viable
61.13market, provided that all of the proceeds
61.14are spent to further the purposes of this
61.15appropriation. This appropriation is available
61.16until June 30, 2013, by which time the
61.17project must be completed and final products
61.18delivered.

61.19 61.20 61.21

(d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs)

61.22$1,500,000 is from the trust fund to
61.23the commissioner of natural resources
61.24for agreements as follows: $206,000
61.25with Audubon Center of the North
61.26Woods; $212,000 with Deep Portage
61.27Learning Center; $350,000 with Eagle
61.28Bluff Environmental Learning Center;
61.29$258,000 with Laurentian Environmental
61.30Learning Center; $240,000 with Long
61.31Lake Conservation Center; and $234,000
61.32with Wolf Ridge Environmental Learning
61.33Center to implement renewable energy,
61.34energy efficiency, and energy conservation
61.35practices at the facilities. Efforts will include
61.36dissemination of related energy education.

62.1    Sec. 94. Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 7,
62.2is amended to read:

62.3

Subd. 7.Enforcement

31,613,000

32,225,000

62.4	Appropriations by Fund
62.5		2012	2013
62.6	General	2,216,000	2,216,000
62.7	Natural Resources	8,868,000	9,577,000
62.8	Game and Fish	20,429,000	20,332,000
62.9	Remediation	100,000	100,000

62.10$1,204,000 the first year and $1,307,000
62.11the second year are from the heritage
62.12enhancement account in the game and
62.13fish fund for only the purposes specified
62.14in Minnesota Statutes, section 297A.94,
62.15paragraph (e), clause (1).
62.16$240,000 the first year and $143,000
62.17the second year are from the heritage
62.18enhancement account in the game and fish
62.19fund for a conservation officer academy.
62.20$315,000 the first year and $315,000 the
62.21second year are from the snowmobile
62.22trails and enforcement account in the
62.23natural resources fund for grants to local
62.24law enforcement agencies for snowmobile
62.25enforcement activities. Any unencumbered
62.26balance does not cancel at the end of the first
62.27year and is available for the second year.
62.28$250,000 the first year and $250,000 the
62.29second year are from the all-terrain vehicle
62.30account for grants to qualifying organizations
62.31to assist in safety and environmental
62.32education and monitoring trails on public
62.33lands under Minnesota Statutes, section
62.3484.9011 . Grants issued under this paragraph:
62.35(1) must be issued through a formal
63.1agreement with the organization; and (2)
63.2must not be used as a substitute for traditional
63.3spending by the organization. By December
63.415 each year, an organization receiving a
63.5grant under this paragraph shall report to the
63.6commissioner with details on expenditures
63.7and outcomes from the grant. By January
63.815, 2013, the commissioner shall report on
63.9the expenditures and outcomes of the grants
63.10to the chairs and ranking minority members
63.11of the legislative committees and divisions
63.12having jurisdiction over natural resources
63.13policy and finance. Of this appropriation,
63.14$25,000 each year is for administration of
63.15these grants. Any unencumbered balance
63.16does not cancel at the end of the first year
63.17and is available for the second year.
63.18$510,000 the first year and $510,000
63.19the second year are from the natural
63.20resources fund for grants to county law
63.21enforcement agencies for off-highway
63.22vehicle enforcement and public education
63.23activities based on off-highway vehicle use
63.24in the county. Of this amount, $498,000 each
63.25year is from the all-terrain vehicle account;
63.26$11,000 each year is from the off-highway
63.27motorcycle account; and $1,000 each year
63.28is from the off-road vehicle account. The
63.29county enforcement agencies may use
63.30money received under this appropriation
63.31to make grants to other local enforcement
63.32agencies within the county that have a high
63.33concentration of off-highway vehicle use.
63.34Of this appropriation, $25,000 each year
63.35is for administration of these grants. Any
63.36unencumbered balance does not cancel at the
64.1end of the first year and is available for the
64.2second year.
64.3$1,082,000 the first year and $1,082,000 the
64.4second year are from the water recreation
64.5account in the natural resources fund for
64.6grants to counties for boat and water safety.
64.7Any unencumbered balance does not cancel
64.8at the end of the first year and is available for
64.9the second year.

64.10    Sec. 95. Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision 3,
64.11is amended to read:
64.12    Subd. 3. Administration. The commissioner of natural resources shall administer
64.13the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
64.14existing rules and regulations for state recreation areas, except the following is permitted:
64.15hunting, fishing, and trapping of protected species during designated seasons and dogs
64.16under control for hunting purposes during regular hunting seasons. La Salle Lake State
64.17Recreation Area shall be administered as a satellite unit of Itasca State Park.

64.18    Sec. 96. LEGISLATIVE REPORT ON STATE PARKS, RECREATION AREAS,
64.19TRAILS, AND STATE FOREST DAY USE AREAS.
64.20(a) By January 15, 2013, the commissioner of natural resources shall prepare and
64.21submit a report to the chairs and ranking minority members of the house of representatives
64.22and senate legislative committees with jurisdiction over environment and natural resources
64.23policy and finance concerning the long-term funding, use, expansion, and administration
64.24of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas.
64.25(b) At a minimum, the report shall include:
64.26(1) long-term funding options to reduce reliance on general fund appropriations for
64.27maintaining and operating state parks, recreation areas, trails, and forest day use areas;
64.28(2) criteria and considerations for optimizing the system of state parks, recreation
64.29areas, trails, and state forest day use areas to ensure investment focuses on Minnesota's
64.30most important natural resources and the highest quality recreational opportunities; and
64.31(3) recommendations for innovative programs and initiatives to increase outdoor
64.32recreation participation among Minnesotans and visitors to the state.
64.33EFFECTIVE DATE.This section is effective the day following final enactment.

65.1    Sec. 97. ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
65.2APPROPRIATION EXTENSION.
65.3(a) The availability of the appropriation is extended to June 30, 2013, for:
65.4(1) Laws 2009, chapter 143, section 2, subdivision 5, paragraph (c), cooperative
65.5habitat research in deep lakes; and
65.6(2) Laws 2009, chapter 143, section 2, subdivision 6, paragraph (d), controlling the
65.7movement of invasive fish species.
65.8(b) The availability of the appropriation is extended to June 30, 2014, for Laws
65.92009, chapter 143, section 2, subdivision 4, paragraph (c), metropolitan regional park
65.10system acquisition.
65.11(c) The availability of the appropriation is extended to June 30, 2015, for Laws
65.122011, First Special Session chapter 2, article 3, section 2, subdivision 9, paragraph (a),
65.13Minnesota Conservation Apprenticeship Academy.

65.14    Sec. 98. ENVIRONMENTAL REVIEW REPORT.
65.15By November 15, 2012, the Environmental Quality Board shall evaluate and make
65.16recommendations to the governor and the chairs of the house of representatives and
65.17senate committees having jurisdiction over environment and natural resources on how
65.18to improve environmental review, given the changes made in Minnesota Laws 2011,
65.19chapter 4, and the recommendations contained in the Office of the Legislative Auditor's
65.20"Environmental Review and Permitting Report" dated March, 2011. The evaluation and
65.21recommendations shall include:
65.22(1) a compilation of information on the mandatory environmental assessment
65.23worksheet categories listed in Minnesota Rules, part 4410.4300, and the mandatory
65.24environmental impact statement categories listed in Minnesota Rules, part 4410.4400,
65.25that includes for each category:
65.26(i) the date the mandatory category was created and the date of any amendments
65.27made to the description of the category;
65.28(ii) the information used by the board to justify the need and reasonableness of the
65.29category when it was created or amended;
65.30(iii) the number of environmental assessment worksheets and environmental impact
65.31statements prepared for projects in each category; and
65.32(iv) for environmental assessment worksheets and environmental impact statements
65.33that have been prepared for projects subject to the mandatory category, a report on the
65.34information that has been included in environmental assessment worksheets pursuant to
65.35Minnesota Rules, 4410.1200, item (D), regarding known governmental approvals, reviews,
66.1or financing required, applied for, or anticipated and the status of any applications made,
66.2including permit conditions that may have been ordered or are being considered; and
66.3(2) an evaluation of the mandatory environmental assessment worksheet categories
66.4listed in Minnesota Rules, part 4410.4300, and mandatory environmental impact statement
66.5categories listed in Minnesota Rules, part 4410.4400, that includes for each category:
66.6(i) a description of the local, state, and federal laws and regulations applicable to
66.7projects in the category that are intended to address potential environmental effects from
66.8such projects; and
66.9(ii) a description of potential environmental effects from projects in the category
66.10that are not subject to local, state, and federal laws and regulations intended to address
66.11potential environmental effects from such projects.

66.12    Sec. 99. RULEMAKING; INDUSTRIAL MINERALS AND NONFERROUS
66.13MINERAL LEASES.
66.14The commissioner of natural resources may use the good cause exemption under
66.15Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota
66.16Rules, parts 6125.0100 to 6125.0700 and 6125.8000 to 6125.8700, to conform with the
66.17amendments to Minnesota Statutes, section 93.25, contained in this act. Minnesota
66.18Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
66.19section 14.388.

66.20    Sec. 100. RULEMAKING; NOTICE OF ENVIRONMENTAL ASSESSMENT
66.21WORKSHEET.
66.22The Environmental Quality Board may use the good cause exemption under
66.23Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules
66.24to conform with the amendments to Minnesota Statutes, section 116D.04, subdivision
66.252a, contained in this act. Minnesota Statutes, section 14.386, does not apply except as
66.26provided under Minnesota Statutes, section 14.388.

66.27    Sec. 101. REPEALER.
66.28Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5;
66.2986B.811, subdivisions 1 and 2; 89.06; 90.042; 97A.4742, subdivision 4; 103G.705;
66.30115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 116.02, subdivisions 7 and 8;
66.31and 216H.07, subdivision 4,Laws 2011, chapter 107, section 105, and Minnesota Rules,
66.32parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts 1, 2,
66.33and 3; and 7041.0500, subparts 5, 6, and 7, are repealed.
67.1Minnesota Statutes 2011 Supplement, sections 86B.508; and 86B.811, subdivision
67.21a, are repealed."
67.3Delete the title and insert:
67.5relating to natural resources; authorizing certain agency prepayments;
67.6providing for apprentice riders; modifying aquatic invasive species provisions;
67.7modifying local government trail authority; modifying enforcement provisions;
67.8modifying certain bait provisions; modifying prior appropriations; modifying
67.9and eliminating certain reporting, plan, and meeting requirements; eliminating
67.10loan program; modifying La Salle Lake State Recreation Area administration;
67.11prohibiting commissioner of natural resources from purchasing land at more
67.12than 20 percent above estimated market value; modifying waste management
67.13provisions; clarifying certain environmental review; eliminating certain fees;
67.14modifying toxic pollution prevention requirements; modifying certain standards
67.15for stationary sources; extending prohibition on new open air swine basins;
67.16modifying local water management; requiring water supply demand reduction
67.17measures; modifying acid deposition control requirements; modifying sewage
67.18sludge management; modifying Wetland Conservation Act; providing for
67.19continued operation of the Minnesota Zoological Garden, and state parks
67.20and recreation areas when biennial appropriations have not been enacted;
67.21requiring the availability of game and fish licenses by electronic transaction;
67.22appropriating money; creating citizen's board; authorizing and clarifying the use
67.23of general permits; modifying mineral lease provisions; modifying authority
67.24of Executive Council; authorizing rulemaking;amending Minnesota Statutes
67.252010, sections 9.071; 16A.065; 84.027, subdivision 15; 84.0272, subdivision
67.261; 84.0895, subdivision 7; 84.631; 84.67; 84.91, subdivision 1; 84D.05,
67.27subdivision 1; 85.018, subdivision 2; 85.055, subdivision 2; 85.20, subdivision
67.281; 85.46, subdivision 1; 85A.04, subdivision 1; 86B.331, subdivision 1; 90.031,
67.29subdivision 4; 92.45; 92.50, subdivision 1; 93.17, subdivision 3; 93.1925,
67.30subdivision 1; 93.20, subdivisions 2, 30, 38; 93.25, subdivision 2, by adding
67.31a subdivision; 97A.401, subdivision 1; 97A.421, subdivision 4a; 103A.43;
67.32103B.101, subdivisions 2, 7, 10, by adding subdivisions; 103B.311, subdivision
67.334; 103B.3363, by adding a subdivision; 103B.3369; 103B.355; 103G.2241,
67.34subdivision 9; 103G.2242, subdivision 3; 103G.245, subdivision 3; 103G.271,
67.35subdivision 1; 103G.291, subdivisions 3, 4; 103G.301, subdivisions 2, 4, 5, 5a;
67.36103G.611, by adding a subdivision; 103H.175, subdivision 3; 115.06, subdivision
67.374; 115.073; 115.42; 115A.15, subdivision 5; 115A.411; 115A.551, subdivisions
67.382a, 4; 115A.557, subdivision 4; 115D.08; 116.011; 116.02, subdivisions 1, 2,
67.393, 4, 6; 116.03, subdivision 1; 116.0714; 116.10; 116C.833, subdivision 2;
67.40116D.04, by adding a subdivision; 216C.055; 216H.07, subdivision 3; 473.149,
67.41subdivision 6; 473.846; Minnesota Statutes 2011 Supplement, sections 84.027,
67.42subdivision 14a; 84D.09, subdivision 2; 84D.10, subdivision 4; 84D.105,
67.43subdivision 2; 84D.13, subdivision 5; 97C.341; 103G.222, subdivision 1;
67.44103G.615, subdivisions 1, 2; 115A.1320, subdivision 1; 116.03, subdivision 2b;
67.45116D.04, subdivision 2a; Laws 2007, chapter 57, article 1, section 4, subdivision
67.462, as amended; Laws 2010, chapter 362, section 2, subdivision 7; Laws 2011,
67.47First Special Session chapter 2, article 1, section 4, subdivision 7; Laws 2011,
67.48First Special Session chapter 6, article 3, section 8, subdivision 3; proposing
67.49coding for new law in Minnesota Statutes, chapters 84; 86B; 103B; 103G; 115;
67.50repealing Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12,
67.51subdivision 5; 86B.811, subdivisions 1, 2; 89.06; 90.042; 97A.4742, subdivision
67.524; 103G.705; 115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 116.02,
67.53subdivisions 7, 8; 216H.07, subdivision 4; Minnesota Statutes 2011 Supplement,
67.54sections 86B.508; 86B.811, subdivision 1a; Laws 2011, chapter 107, section 105;
67.55Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3;
67.567021.0050, subparts 1, 2, 3; 7041.0500, subparts 5, 6, 7."