Section 1 [Advisory inspections] allows a person to request an advisory inspection from a state agency for the purpose of complying with a state law. If violations are found, the person will have 60 days to correct the violation, without paying a fine. Exceptions to the law are provided for a number of situations, including criminal penalties and violations that endanger human life.
Section 2 [General permits; threatened and endangered species] allows the DNR to issue a general permit for exceptions to the threatened and endangered species law.
Section 3 [Forests for the Future revolving account] removes DNR reporting requirements for the Forests for the Future revolving account.
Section 4 [Apprentice rider validation] allows a person age 12 or older to operate an off-highway motorcycle, snowmobile, or all-terrain vehicle, without required training, when participating in up to two trail riding vents sponsored by the DNR. The person must be accompanied by an adult with a valid safety certificate.
Section 5 [Operator prohibition, snowmobile DWI] provides that someone convicted of a snowmobile DWI is prohibited from operating any snowmobile for one year.
Section 6 [Prairie and grasslands public grazing program] directs the DNR to establish a prairie and grasslands public grazing program to enhance wildlife habitat on public lands.
Section 7 [Service provider; AIS] amends the definition of “service provider” to include an entity and where the service is provided as a benefit of membership.
Section 8 [Bait harvest from infested waters] allows limited use of certain fish species from infested waters as bait.
Sections 9 and 10 [Harvest control activities; AIS] require the transport of invasive species for disposal by harvest controllers to be specifically authorized by DNR.
Section 11 [Launching prohibited] expands the prohibition on launching equipment with prohibited invasive species to include all water-related equipment.
Section 12 [Transporting water-related equipment] allows a person to transport portable bait containers when fishing through the ice, except on waters designated as infested for viral hemorrhagic septicemia (VHS). This section also requires boat lifts and docks and swim rafts removed from water infested with zebra mussels to sit for 21 days before being placed in another water body when they have been removed from water bodies.
Section 13 [Invasive species inspector authority] allows the Commissioner of Natural Resources to delegate invasive species inspection authority to tribal and local governments. This section also expands the inspector authority to:
give them authority to require removal of water-related equipment;
require mandatory inspections of water-related equipment before entering a water body; and
authorize tribal and local governments to conduct mandatory inspection of water- related equipment before entering a water body.
Section 14 [Service provider permit display] requires water-related equipment service providers to display the permit decal issued with their permit.
Section 15 [Invasive species civil penalties] double the civil penalties for most invasive species violations. This section also doubles the civil penalty for second and subsequent convictions.
Section 16 [Grant-in-aid trails] eliminates the prohibition on grant-in-aid trails having both motorized and nonmotorized uses at the same time.
Sections 17 and 18 [State park permits for disabled persons] allows a person to use a federal access pass for people with permanent disabilities as evidence to receive a reduced rate state park vehicle permit and reduced rates on midweek camping.
Section 19 [Violation of DNR recreation rules] reduces the penalty for a violation of DNR recreation rules in units of the outdoor recreation system a petty misdemeanor, unless:
the violation is in a wildlife management area; or
a different penalty is prescribed by law.
Section 20 [Horse pass violations] makes persons violating the horse pass requirements subject to a petty misdemeanor.
Section 21 [Aquatic invasive species prevention program] directs the DNR to develop an aquatic species prevention course. Persons who pass the course will receive a trailer decal for each trailer owned. Water equipment trailers will be required to have trailer decal beginning July 1, 2015. Temporary authorizations for up to seven days may be issued to a person who has not completed the training. A violation of this section is punishable only by a warning.
Section 22 [Operator prohibition, motorboat DWI] provides that someone convicted of a motorboat DWI is prohibited from operating any motorboat for one year.
Section 23 [Minerals management account] allows for repayment to local governments for tax-forfeited land revenue in the minerals management account when the balance in the account exceeds $3 million. Currently, only the permanent school and university trust funds are repaid.
Section 24 [General permits; game and fish laws] allows the DNR to issue general permits under the game and fish laws.
Section 25 [Failure to comply with court order; game and fish license suspension] provides for game and fish license suspension for a person who does not comply with an order of the court regarding appearance or proceedings.
Section 26 [Bait prohibited; VHS waters] allows bait processed to inactivate VHS to be imported or possessed.
Section 27 [Groundwater report] makes the report by the Pollution Control Agency (PCA) and Minnesota Department of Agriculture (MDA) on groundwater quality a five-year report rather than a biennial report under current law.
Section 28 [BWSR Board] allows local officials to be appointed to the Board of Water and Soil Resources (BWSR) as unaffiliated citizens. This section also makes a technical change to obsolete regions.
Section 29 [BWSR orders] allows BWSR to adopt orders.
Section 30 [BWSR bylaws] directs BWSR to adopt bylaws, including provisions on conflict of interest.
Section 31 [Committee for dispute resolution] gives the chair of BWSR more flexibility in appointing the committee for dispute resolution.
Section 32 [Local water management coordination] allows BWSR to adopt policies that will allow local water plans, soil and water conservation district plans, and watershed district plans to serve as substitutes for one another or be replaced with a comprehensive watershed management plan. This section also directs BWSR, to the extent practicable, to incorporate a watershed approach for local water plans; and allows local governments to carry out total maximum daily load (TMDL) implementation plans as part of their local water management plan and responsibility.
Section 33 [Local water management boundary and plan determinations and appeals] allows local government units to submit a request to BWSR to adjust planning boundaries for local water plans. Local government units may appeal decisions by BWSR on boundaries to the Court of Appeals.
Section 34 [Water plan extension] eliminates the two-year extension for county local water plan revisions that is being recodified and broadened in this act.
Section 35 [Comprehensive watershed management plan definition] defines “comprehensive watershed management plan” for the purpose of local water planning.
Section 36 [Water plan extensions] allows BWSR to extend the revision dates for all local water plans.
Section 37 [Local water resources restoration, protection, and management program]
Subdivision 1 [Assistance priorities] adds the ability for BWSR to prioritize financial assistance for requests that are responsive to all local water plans, including TMDL plans.
Subdivision 2 [Establishment] allows BWSR local water plan financial assistance for restoration, best management practices, and capital projects.
Subdivision 5 [Financial assistance] allows BWSR to award performance-based grants for implementing all local water plans, including comprehensive watershed management plans. Local government units may apply to BWSR for performance-based grants to carry TMDL implementation plans. Performance-based grants may be made on an advanced basis.
Subdivision 6 [Conditions] allows the financial assistance under this section to be used for amending and implementing all local water plans including TMDLs. This subdivision also removes a two-year funding limit for the grants and makes other technical changes to reflect the broadening of the section.
Subdivision 7 [Performance criteria] directs BWSR to develop and utilize performance-based criteria for financial assistance under this section.
Section 38 [Technical] clarifies that the financial assistance grant program is available to all local water planning efforts.
Sections 39 and 40 [Removal of logs; dead trees and branches] clarifies that a person may remove logs and dead trees and branches without a permit under the shoreland zoning and wild and scenic rivers acts, unless required by a local government unit. These sections also clarify that permission is needed by a land owner or manager for land owned by another or publicly owned land. Public entities are encouraged to allow the removal of logs and dead tress and branches on land managed by the public entity.
Section 41 [Cultivated field; WCA] removes the requirement for a deed restriction for an altered wetland in a cultivated field under the Wetland Conservation Act (WCA).
Section 42 [Swampbuster exemption; WCA] provides that a farmer subject to Swampbuster, consistent with a memorandum of understanding with BWSR, is exempt from WCA.
Section 43 [De minimis exemption; WCA] recodifies the de minimis amounts allowed for certain wetlands.
Section 44 [Wetland banking] allows for a letter of credit to BWSR for replacement plans and allows BWSR to establish, sponsor, or administer a wetland banking program for wetlands on agricultural land.
Section 45 [Section 404 assumption] allows BWSR to adopt or amend rules to assume all or part of the federal wetland protection regulations under section 404 of the federal Clean Water Act.
Section 46 [Public waters; removal of debris] clarifies that debris may be removed from public waters without a permit.
Section 47 [General permits; work in public waters] allows more flexibility for the DNR to issue general permits for working in public waters.
Section 48 [Water allocation priorities] removes a provision that discourages diversion of waters to other states or Canada based on concerns that it violates the prohibition on state laws affecting interstate commerce in the U.S. Constitution.
Section 49 [Legislative approval of water diversions] provides criteria to use in legislative approvals of water diversions of over 2 million gallons per day.
Section 50 [General permits; appropriation of water] allows more flexibility for the DNR to issue general permits for appropriation of water.
Section 51 [Monitoring equipment; water appropriation permit monitoring] provides that the cost of drilling additional wells for monitoring water resource impacts shall be shared by permit holders affecting a certain water resource.
Sections 52 to 55 [General permits; notification and fees] provide for notification and fees for work under a general permit issued by the DNR.
Section 56 [General permits; water aeration systems] allows the DNR to issue general permits for water aeration systems.
Sections 57 and 58 [General permits for control of nuisance aquatics] allows the DNR to issue general permits for control of nuisance aquatics.
Section 59 [PCA groundwater report] provides for the PCA groundwater report on a five-year basis rather than every two years.
Section 60 [Citizen water quality monitoring] moves the reporting requirement for the citizen water quality monitoring to every fourth year.
Section 61 [Long-range water pollution control plan] eliminates the biennial water pollution control plan by the PCA.
Section 62 [Local SSTS standards] allows local standards for subsurface sewage treatment systems (SSTS) to use the 2006 rule standards for properties in shoreland areas and commercial facilities with less than 2,500 gallons per day.
Section 63 [Toxics and pollution prevention consolidated report] provides for a quadrennial report from the PCA on pollution prevention activities.
Section 64 [E-waste report] moves the annual e-waste report to be combined in a biennial report on toxic pollution prevention.
Section 65 [Report on the state agency resources recovery program] eliminates the PCA and Department of Commerce biennial report to the Department of Administration on the state agency resource recovery program.
Section 66 [Solid waste policy report] makes the solid waste policy report every four years instead of biennially under current law.
Section 67 [Supplementary recycling goals] eliminates specific additions for specific activities in meeting the supplementary recycling goals.
Section 68 [Recycling goal monitoring report] makes the recycling goal monitoring report part of the solid waste policy report.
Section 69 [SCORE recycling grant report] provides that the SCORE recycling grant report will be every four years along with the solid waste policy report.
Section 70 [Tire-derived products; beneficial uses] allows the PCA to designate beneficial uses for tire-derived products.
Section 71 [Toxic pollution prevention plans] provides that the toxic pollution prevention plans will be submitted to the Department of Public Safety rather than the PCA and that they must be submitted by July 1 each year.
Section 72 [PCA pollution report] makes the PCA’s pollution report biennial rather than annual.
Section 73 [Prohibition on new open air swine basins] extends the prohibition on new open air swine basins another five years to 2017.
Section 74 [Long-range plan on waste pollution reduction] eliminates the need for PCA to biennially report to the Legislature on long-range planning for waste and land pollution reduction.
Section 75 [Low-level radioactive waste compact report] provides that the low-level radioactive waste compact report is every four years rather than biennial.
Section 76 [EAW notice flexibility] allows flexibility in providing notice of the completion of an environmental assessment worksheet (EAW).
Section 77 [Duplicative permit information; EAW] directs the Environmental Quality Board to not require information on an EAW that is already required for a permit.
Section 78 [Technical] makes a technical correction related to the environmental permit streamlining law.
Section 79 [Solar and biomass report] makes the solar and biomass report from the Department of Commerce and PCA a biennial report rather than an annual one.
Section 80 [Technical] makes technical changes to a PCA and Department of Commerce report.
Section 81 [Metropolitan solid waste policy plan] requires the metropolitan solid waste policy plan to be revised every six years.
Sections 82 and 83 [Technical] updates language on who receives the metropolitan waste abatement and landfill abatement reports and makes the language consistent with including the report on the quadrennial solid waste policy report.
Section 84 [2007 report requirement] eliminates a 2007 report requirement for land records management.
Section 85 [2010 LCCMR recommended appropriation; bioenergy] modifies a 2010 appropriation from the environment and natural resources trust fund for bioenergy to expand the type of products that may be used and allow the DNR to provide grants for this purpose.
Section 86 [LaSalle Lake State Recreation Area; dogs off-leash] allows dogs off-leash while hunting under control for hunting purposes in LaSalle Lake State Recreation Area.
Section 87 [State parks and trails report] directs the DNR to report to the Legislature by January 15, 2013, on long-term funding and administration of state parks, recreation areas trails, forest day use areas.
Section 88 [Trust fund appropriation extensions] extends the availability of certain appropriations from the environment and natural resources trust fund.
Section 89 [Beneficial use of wastewater grants] allows for an amendment to beneficial use of wastewater grants in fiscal years 2010 and 2011 for wastewater to replace the use of surface water.
Section 90 [Rulemaking EAW changes] provides for expedited rulemaking to make rule changes related to environmental assessment worksheet (EAW) notification flexibility in section 76.
Section 91 [Lottery-in-lieu appropriation extension] extends the availability of a 2009 appropriation for parks and trails to June 30, 2013.
Section 92 [Forest Resources Council report] directs the Forest Resources Council to report to the legislature with an analysis of private forest management and state policy, including recommended changes.
Section 93 [Metropolitan area waste processing enforcement report] directs the PCA to report to the legislature on the effects of enforcing mixed municipal waste processing requirements for the metropolitan area.
Section 94 [Asian carp barriers] directs the DNR to consult with chairs and ranking minority members of legislative committees on natural resources before entering into a contract on Asian carp barriers.
Section 95 [PCA Citizens Board] directs an administration review of the benefits and drawbacks of having the PCA Citizens Board make decisions as opposed to the PCA Commissioner making the final decision.
Section 96 [SSTS rules] directs the PCA to amend rules relating to SSTS based on the law change in section 62.
Section 97 [Contingent appropriation changes] made changes in financing invasive species research in the legacy bill (Laws 2012, chapter 264) if the Game and Fish bill (Laws 2012, chapter 277) did not pass. This section has no application since the Game and Fish bill was signed into law.
Section 98 [Repealer]
Paragraph (a) repeals Minnesota Statutes, sections repealed:
84.946, subdivision 3 – Natural resource asset preservation and replacement report;
86A.12, subdivision 5 – Natural resources capital improvement program report;
86B.508 – Aquatic invasive species rule decal;
86B.811, subdivision 1a – AIS rule decal enforcement;
89.06 – Nursery and tree improvement plan;
90.042 – Public involvement process report and public meetings;
97A.4742, subdivision 4 – Lifetime license report;
103G.705 – Stream protection and improvement loan program;
115.447 – Tracking report for new wastewater treatment facilities;
115A.07, subdivision 2 – Waste management report;
115A.965, subdivision 7 – Toxics in packaging report; and
216H.07 – Green house gas emission report (recodified).
Minnesota Rules, parts repealed:
7002.0025, subpart 2a – Newly permitted facilities;
7011.7030 – Generic maximum achievable control technology;
7021.0010, subpart 3 – Offsets;
7021.0050, subpart 1 – Emission limitations;
7021.0050, subpart 2 – Offsets required;
7021.0050, subpart 3 – Transfer requiring reduced emissions;
7041.0500, subpart 5 – Land application approvals;
7041.0500, subpart 6 – Treatment works not regulated; and
7041.0500, subpart 7 – Compliance with change of management practices.