SF 1115 contains a number of environment and natural resource policy provisions, including aquatic invasive species (AIS) provisions, off-highway vehicle provisions, and wetland conservation act amendments. The AIS provisions include for the broadening and increase in AIS control, inspection, and enforcement. Highlights of the AIS provisions in the bill include:
- broadening of AIS control requirements to all water-related equipment;
- greater authorization for inspectors to inspect all water-related equipment, including requiring decontamination and prohibiting launching contaminated water-related equipment;
- allowing conservation officers or licensed peace officers to inspect watercraft stopped at a water access site or at a check station;
- training and appointing additional inspectors who are not licensed peace officers;
- requiring a service provider permit for individuals who install or remove water-related equipment for hire; and
- requiring an AIS rule decal to be attached to all watercraft.
S Section 1 [Technical] removes a cross-reference to a provision repealed in this act.
Section 2 [Terrestrial application of pesticides] clarifies that only the Department of Agriculture has the authority to regulate the terrestrial application of pesticides.
Section 3 [Biobutanol definitions] defines “biobutanol” and “biobutanol facility” for the purpose of the agricultural growth, research, and innovation (AGRI) program and environmental review requirements.
Section 4 [Scientific and natural areas; acquired by exchange] allows for the acquisition of state Scientific and Natural Areas (SNAs) by exchange. Currently, SNAs may only be acquired by gift, lease, easement, or purchase.
Section 5 [SNAs; technical] removes a reference to a former requirement to develop a master plan for SNAs.
Section 6 [OHV seasons] strikes the requirement that the Commissioner of Natural Resources prescribe seasons for off-highway vehicle use on state forest lands.
Section 7 [OHM dual registration] provides an option of dual registration for an off-highway motorcycle (OHM). It may be registered with both the Departments of Natural Resources and Public Safety as a motorcycle. A dual-registered OHM must be equipped as required by Minnesota Statutes, chapter 169, for a motorcycle, including mirrors, headlight, taillight, and horn. An applicant for registration of an OHM as a motorcycle must provide an inspection form completed by a police officer.
Section 8 [Nonresident off-road vehicle trail pass] creates an off-road vehicle (ORV) trail pass requirement for nonresidents who use state or grant-in-aid trails. The bill is modeled after a similar pass requirement for nonresidents riding all-terrain vehicles on state and grant-in-aid trails, under Minnesota Statutes, section 84.9275.
Section 9 [ATV definition] increases the allowed engine displacement for an all-terrain vehicle (ATV) to 1,000 cubic centimeters.
Section 10 [All-terrain vehicle safety education and training] provides the authority for an online option for ATV safety training courses and directs the commissioner to set the course fees based on what it costs to provide the service.
Section 11 [ATV passengers] clarifies passenger limitations on all-terrain vehicles and adds authorization for a person aged 12 to 17 to operate a class 1 all-terrain vehicle carrying only one passenger, and the passenger must be the operator’s parent or legal guardian.
Section 12 [Decontaminate] defines “decontaminate” for the purpose of the invasive species law.
Section 13 [Introduce] modifies the definition of “introduce” for the purpose of the invasive species law to clarify that it does not include the return to the water from which it was removed and the seasonal return of water-related equipment.
Section 14 [Inspect] defines “inspect” for the purpose of the invasive species law.
Section 15 [Inspector] defines “inspector" for the purpose of the invasive species law.
Section 16 [Service provider] defines “service provider” for the purpose of the invasive species law.
Section 17 [Transport] modifies the definition of “transport” for the purpose of the invasive species law to clarify that is does not include the movement of water-related equipment to the shore and back to the water.
Section 18 [Water-related equipment] broadly defines “water-related equipment” for the purpose of the invasive species law.
Section 19 [Wild animal] modifies the definition of wild animal to cross-reference with the definition in the game and fish laws.
Section 20 [Annual report] combines the report on additional measures to control invasive species with the annual report required to be prepared by the DNR.
Section 21 [Bait harvest from infested waters] adds waters with certifiable fish diseases as prohibited from taking wild animals for bait or aquatic farming purposes. This section also prohibits equipment authorized for minnow harvest in infested waters to be used in any waters that are not specified in the permit.
Section 22 [Commercial fishing restrictions on infested waters] specifies that all equipment used for commercial fishing in infested waters must be tagged as specified by the Commissioner of Natural Resources and may not be used in waters not designated as infested. This section also exempts equipment used in Lake Superior from the tagging requirement and requires aquatic life taken from waters for transport or stocking to be kept in a holding facility for ten hours.
Section 23 [Aquatic macrophytes] extends the prohibition on the transport of aquatic macrophytes beyond public roads. This section also exempts the removal of water-related equipment at a water access site for the purpose of cleaning off the aquatic macrophytes.
Section 24 [Launching prohibited] clarifies the existing prohibition that applies to aquatic plant harvesting or control equipment.
Section 25 [Removal and confinement] extends the existing authority for removal and containment to all water-related equipment and adds the authority to prohibit the placing of water-related equipment with aquatic macrophytes or prohibited invasive species into waters. This section also allows inspectors who are not licensed peace officers to enforce removal and prohibition requirements.
Section 26 [Transporting water-related equipment] extends the current requirement for draining watercraft to all water-related equipment. This section also removes the exemption for portable bait containers, unless they are being used by a licensed aquatic farm from the requirement.
Section 27 [Inspection of water-related equipment]
Subdivision 1 [Compliance inspections] provides that compliance inspections are a condition of operating or transporting water-related equipment and allows inspectors to prohibit launching the equipment when an individual refuses an inspection.
Subdivision 2 [Inspector authority] provides for the training and authorization of aquatic invasive species inspectors and allows inspectors to inspect water-related equipment. The subdivision also provides for conservation officers or licensed peace officers to inspect watercraft stopped at a water access site or at a check station.
Section 28 [Service provider permit] requires individuals who install or remove water-related equipment for hire to obtain a permit from the DNR. The permit cost is $50, is valid for three years, and requires the permittee to complete AIS training. Persons who work for permittees must also complete AIS training.
Section 29 [Bait harvester training] requires persons working for bait harvesters to complete training on AIS.
Section 30 [Criminal penalties] expands the misdemeanor criminal penalty to include all of the statutory requirements in the invasive species law. This section also expands the gross misdemeanor penalty for disobeying an order to remove invasive species from aquatic macrophytes to a conservation or peace officer to all water-related equipment.
Sections 31 and 32 [Warnings; civil citations] update provisions relating to civil citations to include all water-related equipment and the removal of plugs and opening of valves.
Section 33 [Technical] updates cross references.
Section 34 [Satisfaction of civil penalties] allows the unit of government employing the officer to retain civil penalties.
Section 35 [Receipts; invasive species account] provides for the deposit of the fees charged for service provider permits into the invasive species account.
Section 36 [Motorized vehicle trails restricted] prohibits the use of all-terrain vehicle (ATV) and off-highway motorcycle (OHM) trails by other vehicles throughout the year.
Section 37 [Regional trail grants] requires recipients of regional trail grants to provide a nonstate cash match of at least 25 percent, instead of 50 percent.
Section 38 [Trail connection grants] requires recipients of trail connection grants to provide a nonstate cash match of at least 25 percent, instead of 50 percent.
Section 39 [Cedar River Water Trail] names the Cedar River as one of the state’s water trails.
Section 40 [AIS rule decal] requires an AIS rule decal to be attached to all watercraft so that it is in full view of the operator.
Section 41 [AIS rule decal violation] makes a violation of the AIS rule decal requirements a petty misdemeanor.
Section 42 [Technical] makes technical changes in cross-references in the watercraft titling law.
Section 43 [Original certificate of title issuance] provides that the certificate of title will be mailed to the owner. Secured parties, if any, will be mailed a notification of their security interest. This is same process that is used for automobile titles under Minnesota Statutes, section 168A.06.
Section 44 [Duplicate certificate of title issuance] provides for the duplicate certificate of title issuance to the owner. This is the same process that is used for automobile titles under Minnesota Statutes, section 168A.09, subdivision 1.
Section 45 [Notification of an owner-created security interest] provides that a secured party will be notified that an owner has created a security interest in the watercraft and that the security interest does not affect the rights of the first secured party. This is same process that is used for automobile titles under Minnesota Statutes, section 168A.18.
Section 46 [Lease revenue; trust lands] requires that net revenue from leases on school and university trust lands must be deposited into the respective permanent fund.
Section 47 [Mining Coordinating Committee membership] modifies the membership of the Mineral Coordinating Committee to include the Commissioner of the Minnesota Pollution Control Agency, who replaces the Deputy Commissioner of the MPCA; and an individual representing labor appointed by the Governor for a four-year term, who replaces the United Steelworkers of America director.
Section 48 [Mining Coordinating Committee expiration] extends the term of the Mineral Coordinating Committee another 5 years to 2016.
Section 49 [Citizens oversight committees; game and fish fund] reforms the citizen oversight committees for the game and fish fund. Under the changes there will be a Fishing Oversight Committee and a Wildlife Oversight Committee with at least ten members appointed by the Commissioner of Natural Resources. The chairs of those two committees and another four members from each will constitute the Budgetary Oversight Committee. The expiration of the citizen oversight committees is extended to June 30, 2015.
Section 50 [Adopt-WMA-program] creates an adopt-a-wildlife management area program.
Section 51 [Fishing tournaments; decontamination] allows the Commissioner of Natural Resources to require decontamination of boats at fishing tournaments on infested waters.
Section 52 [White Bear Lake Conservation District; service fees] allows the White Bear Lake Conservation District to set service fees.
Section 53 [Purpose CWP] removes specific purposes for the Clean Water Partnership (CWP) Program. The remaining purposes for the program will be control of water pollution and the implementation of federal laws controlling nonpoint source pollution.
Section 54 [Project definition] amends the definition of “project” to broaden the term for the purposes of the CWP program to include the identification of water pollution and its causes, and to protect and improve water quality.
Section 55 [Technical] removes references to sections repealed in this act.
Section 56 [CWP grants] broadens the purpose of the CWP grants to include all “projects” as defined in this act.
Section 57 [CWP loans] increases the cap on use of the state revolving fund for CWP loans to $50 million.
Section 58 [CWP eligibility] broadens the eligibility for the CWP program to include approved projects identified in total maximum daily load (TMDL) plans and watershed protection and restoration strategy implementation plans.
Section 59 [PCA review of proposals] broadens the local involvement requirements for a proposal to include any local stakeholders and removes the requirement that the proposal is consistent with statewide water quality management plans.
Section 60 [Technical] removes cross-references to provisions repealed in this act and updates a reference to “project” as defined in this act.
Section 61 [CWP Rules] removes specific project language and references “project” as defined in this act and cleans up the language to match with changes in this act.
Section 62 [Management plan and program evaluation] eliminates a reference to the Environmental Quality Board (EQB) coordination on nonpoint source pollution, and a requirement for an evaluation of the CWP program and recommendations to the legislature for improvements to the CWP program.
Section 63 [Local government unit definition] adds that the Department of Natural Resources (DNR) is defined as the “local government unit” for wetland banking projects solely for a permit to mine.
Section 64 [Electronic transmission definition] defines “electronic transmission” for the purpose of the Wetland Conservation Act (WCA).
Section 65 [Contractors; WCA; electronic transmission] allows contractors working for a property owner to submit information electronically to a local government unit on draining or filling wetlands.
Section 66 [Wetland replacement ratios; permit to mine] provides that the wetland replacement ratios under a permit to mine will be based on the Great Lakes and Rainy River watersheds being considered as a single watershed.
Section 67 [Wetland replacement siting] clarifies and simplifies the sitting requirements for wetlands and allows wetlands in an area with 50 to 80 percent of the presettlement wetlands intact to be replaced in an area with less that 50 percent of the presettlement wetlands intact. This section also directs applicants and local government units to rely on any comprehensive inventories when determining available wetland replacement opportunities.
Section 68 [Wetland boundary or type determination] allows notice to be sent by electronic transmission, removes appeals of boundary or type determinations to local government units, and provides that the boundary or type determinations are valid for five years.
Section 69 [Notice of application] allows the notice of application for wetland replacement to be sent by electronic transmission and makes the general law for the timing of local permits apply to the notice.
Section 70 [Notice of decision] allows the notice for a wetland replacement decision to be sent by electronic transmission.
Section 71 [Appeals to the board] allows sequencing to be appealed to the Board of Water and Soil Resources (BWSR). The section also allows appeals to be noticed by electronic transmission.
Section 72 [Appeals of restoration or replacement orders] provides for the appeal of restoration and replacement orders.
Section 73 [Wetland banking fees] allows BWSR to establish wetland banking fees for single-user or other dedicated wetland banking accounts.
Section 74 [Wetland bank credit] removes the requirement that a wetland subject to a conservation easement must be owned by the state or a local government unit. This section also provides that this section does not apply to wetlands subject to a conservation easement that was paid for with public money.
Section 75 [Electronic transmission] allows notices and other documents under the WCA to be sent by electronic transmission, unless the person has specified that mailing is preferred.
Section 76 [Public waters work permit hearing] provides for the governing body of a municipality rather than the mayor to file to demand a hearing over a public waters work permit.
Section 77 [Aquatic plant management permit expiration] provides that an aquatic plant management permit expires on December 31, unless a different expiration is included in the permit or rule.
Section 78 [Invasive aquatic plant management permit] allows the DNR to waive the required signatures for approval of an invasive plant management permit when the requirement would create an undue burden or when aquatic plant control is necessary to protect natural resources.
Section 79 [Aquatic application of pesticides] clarifies the limited authority for the PCA to issue permits for the aquatic application of pesticides.
Section 80 [Local SSTS ordinances] provides that a county does not need to adopt a subsurface sewage treatment system (SSTS) ordinance if all cities and towns within the county have the ordinances.
Sections 81 and 82 [Recyclable materials] add composting to the definition of “recyclable materials” and require that they are sent to the appropriate facility.
Section 83 to 85 [Closed Landfill Cleanup Program; land management flexibility] allow the PCA more flexibility in delisting and selling land that is in the closed landfill cleanup program.
Section 86 [Environmental permit management and coordination] provides for state agency coordination of environmental permits when permits are required by multiple state or federal agencies and a state agency is the responsible governmental unit for environmental review of the project. The state agency that coordinated the permit will be based on the agency that is the responsible governmental unit.
Section 87 [Environmental assessment worksheet (EAW) petition] eliminates the separate category for mandatory environmental assessment worksheets for expansion ethanol plants, conversion of an ethanol plant to biobutanol production, or the expansion of a biobutanol facility. This section also increases the number of petitioners required for an EAW to 100, and requires that the petitioners reside or own property within the state.
Section 88 [Off-highway motorcycles] defines “motor vehicle” in the vehicle registration chapter to include an off-highway motorcycle modified to meet chapter 169 vehicle requirements.
Sections 89 to 95 [Utility task vehicles and technical] adds utility task vehicles to provisions relating to ATVs and other vehicles and makes technical changes related to ATVs.
Section 96 [Oxygenated gasoline exemption; research and development on recreational vehicles] allows an exemption for sale of oxygenated gasoline requirements for research and development of recreational vehicles.
Section 97 [County park fees restriction] eliminates a restriction that county park fees cannot be more than state park fees.
Section 98 [SSTS ordinance adoption delay] allows local governments another two years to February 4, 2014, for adoption of the PCA rule changes on SSTS.
Section 99 [Ethanol definitions] undoes the repeal of the ethanol definitions earlier this session.
Section 100 [Shallow Lakes Management Report] directs the DNR to complete a report on Shallow Lakes management by January 1, 2012.
Section 101 [Consumptive use of water; Cook County] authorizes a five-year permit for water withdrawal of up to 150 million gallons per year for snowmaking in Cook County.
Section 102 [Rulemaking; solid waste facilities] requires the Pollution Control Agency (PCA) to amend their rules on solid waste facilities to provide a permit terms of ten years.
Section 103 [Terry McGaughey Memorial Bridge] directs the DNR to designate a bridge on the Paul Bunyan Trail as the Terry McGaughey Memorial Bridge and put up signs on the bridge with the designation
Section 104 [Camp Five Township easement lease] directs the Commissioner of Natural Resources to provide access across state lands through an easement or lease to Camp Five Township.
Section 105 [Temporary warning requirements; rule decal] provides that prior to August, 1, 2013, the requirement to have an AIS rule decal attached to all watercraft in full view of the operator will be punishable only by a warning.
Section 106 [Invasive species management implementation costs report] directs the DNR to report by January 15, 2012, on the long-term funding needed for invasive species laws.
Section 107 [Revisor’s instruction] directs the Revisor of the Statutes to change references to the CWP program to reflect the repeal of a section under this act.
Section 108 [Repealer] repeals Minnesota Statutes, sections:
84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8 – prairie and grassland definitions;
84D.02, subdivision 4 – the existing provision on AIS inspections;
85.013, subdivision 2b – Blakely State Wayside;
86B.850, subdivision 2 – 15-day waiting period for the issuance of a new watercraft title on a duplicate title;
103F.711, subdivision 7 – the definition of “official controls;”
103F.721 – statewide resource assessment;
103F.731, subdivision 1 – general eligibility requirements; and
103F.761 – public agency coordination.